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HomeMy WebLinkAbout12/11/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers Ben White John Crompton Mayor Pro Tem James Massey Lynn McIlhaney Dennis Maloney City Manager Lawrence Stewart Glenn Brown David Ruesink Agenda College Station City Council Regular Meeting Thursday, December 11, 2008 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 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. 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. Consent Agenda Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion of minutes for Workshop and Regular Meetings, November 5, 2008, Special Meeting November 17, 2008, and Workshop and Regular Meeting, November 24, 2008. 1 City Council Regular Meeting Page 2 Thursday, December 11, 2008 b. Presentation, possible action, and discussion regarding a change order to the professional services contract with Bleyl & Associates for the 2005 Bike Loop Project in the amount of $10,725. c. Presentation, possible action, and discussion regarding a resolution approving a construction contract with JCF Bridge & Concrete, Inc. for the amount of $636,401.43 for the construction of the 2005 Bike Loop Phase I—Longmire Improvements Project. d. Presentation, possible action, and discussion on the Renewal of Electric Annual Construction Contract with H&B Construction for $1,070,893.65; and a resolution declaring intention to reimburse certain expenditures with proceeds from debt. (Bid #07-19, Contract #07-046). e. Presentation, possible action, and discussion on approving the budget of the George Bush Presidential Library Foundation; and presentation, discussion and possible action on a funding agreement between the City of College Station and the George Bush Presidential Library Foundation for FY09 in the amount of $100,000. f. Presentation, possible action, and discussion regarding the approval of a resolution accepting from the Governors Division of Emergency Management (GDEM) the 2008 Homeland Security Grant Program –Sub-recipient of $166,666.67 naming a City staff member as manager of those grant funds, and approving the 2008 City of College Station Equipment List for purchase. g. Presentation, possible action, and discussion regarding the purchase of One (1) Pierce Velocity Custom Pumper from Martin Apparatus, INC through The Local Government Purchasing Cooperative (BuyBoard) for a total price of $519,071.00. h. Presentation, possible action, and discussion approving testing and inspecting contract #09-028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie Road Landfill. i. Presentation, possible action, and discussion approving professional services contract #09-031, with HDR Engineering, Inc in an amount not to exceed $1,294,800.00 for Twin Oaks Landfill additional design/permitting, bidding and construction phase services. j. Presentation, possible action, and discussion on approving annual tire purchases from Pilger’s Tire & Auto Center through the State of Texas (TXMAS) Tire Contract in the amount of $135,000.00. k. Presentation, possible action, and discussion on approving the budget of the Memorial for all Veterans of the Brazos Valley; and presentation, discussion and possible action on a funding agreement between the City of College Station and the Memorial for all Veterans of the Brazos Valley for FY09 in the amount of $100,000. l. Presentation, possible action, and discussion on renewing the annual agreement for gasoline and diesel fuel with Brenco Marketing Corp, Contract No. 08-069; for one year; and authorize the annual estimated expenditures with Brenco Marketing Corp. for $1,751,000.00. This total includes the annual estimated expenditure of $1,364,000.00 for the City of College Station and the annual estimated expenditure of $387,000.00 for BVSWMA. 2 City Council Regular Meeting Page 3 Thursday, December 11, 2008 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 on an ordinance rezoning 3.31 acres located at 510 Chimney Hill Drive from R-1, Single Family Residential to PDD, Planned Development. 2. Public hearing, presentation, possible action and discussion regarding consideration of an ordinance amending Chapter 9, “Subdivisions” of the City of College Station Code of Ordinances, Section 10, “Park Land Dedication”. 3. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a portion of right-of-way and an easement in the Crescent Point Subdivision.. 4. Public hearing, presentation, possible action, and discussion on an ordinance rezoning 1.19 acres at 2520 Crescent Pointe Parkway from A-P Administrative Professional to R-4 Multi- family. 5. Public hearing, presentation, possible action and discussion on an ordinance regarding a Comprehensive Land Use Plan Amendment from Single Family Medium Density to Neighborhood Retail for 8.4 acres generally located at the northwest corner of William D. Fitch Parkway and Barron Road. 6. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning seven easements located at 1815 Brothers Boulevard. (Wal-Mart). 7. Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #1 amending ordinance number 3114 which will amend the budget for the 2008- 2009 Fiscal Year and authorizing amended expenditures in the amount of $13,711,589. 3 City Council Regular Meeting Page 4 Thursday, December 11, 2008 8. Presentation, possible action, and discussion on renaming the P. David Romei Arts Center. 9. 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, December 11, 2008 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 8th day of December, 2008 at 2:00 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 December 8, 2008 at 2:00 pm and remained so posted continuously for at least 72 hours preceding 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 ________________, 2008 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2008. ______________________________ 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 Traditional Values, Progressive Thinking In the Research Valley Mayor Councilmembers Ben White John Crompton Mayor ProTem James Massey Lynn McIlhaney Dennis Maloney City Manager Lawrence Stewart Glenn Brown David Ruesink Draft Minutes City Council Workshop & Regular Minutes Wednesday, November 5, 2008 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Mayor ProTem McIlhaney, Council members Maloney Crompton, Massey, Ruesink and Stewart STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team Mayor White called meeting to order at 3:00 p.m. Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent agenda. Consent Agenda Items No. 2i, 2 j, 2k, and 2l were removed from the agenda by staff. These items related to the Rock Prairie Road Landfill and Twin Oaks Construction Project. Council member Crompton inquired about Consent Item No. 2n, funding to the Brazos County Health Department. Mayor ProTem McIlhaney inquired about Consent Item No. 2h, Landfill compactor. Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion of a brief from TAMU Vice President of Student Affairs General Joe Weber on his plans and philosophy for the Division of Student Affairs which crosses a wide range of many services. Hayden Migl, Assistant to City Manager introduced General Joe Weber, TAMU Vice President of Student Affairs . General Weber presented his plans and philosophy for the Division of Student Affairs, which offers a wide range of functions such as student government, counseling, student activities, health services, Recreational Sports, and the operations of the Memorial Student Center. No action was taken. Workshop Agenda Item No. 3 -- Presentation, possible action and discussion on a briefing from Midway Companies regarding the proposed Campus Pointe development. David Gwin, Director of Economic and Community Development introduced Brandon Houston with Midway Companies. 5 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 2 Randy Houston, representative of Midway Companies presented the proposed Campus Pointe Development. He also stated for several years, TAMU has been exploring the possibility of developing University-owned property located northeast of the intersection of University Drive and South College Avenue. The general area encompasses approximately 100 acres and is currently home to Hensel Park and partially developed as University-owned and managed student housing. Mr. Houston stated that TAMU is considering entering into a long-term ground-lease with Midway Companies, for a dense mixed use development that could include a number of new uses such as: a hotel, retail shops, and offices. The goals of the joint venture are listed below: Goals: ·Transportation efficiency ·Controlled site disturbance ·Storm water management ·Reduce heat islands / Indigenous landscape ·Water use reduction ·Energy Optimization ·Use of regional / local materials ·Optimization of daylight and views ·Indoor air quality City of College Station participation opportunities: Council members expressed comments to the developer about the city’s recent initiative to have a city owned convention center. Mr. Houston noted that this developer will seek City of College Station’s participation in Site Development and Construction investments, Roadway and Infrastructure investments, and Operating Cost Assistance at Campus Pointe No formal action taken. Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding changes to the City’s smoking ordinance. Hayden Migl, Assistant to City Manager introduced Kristine Weaver, Regional Director of Government Relations with the American Cancer Society. Ms. Weaver recognized Dr. Philip Huang, Medical Director and Health Authority for Austin/Travis County Health Department. He presented a variety of health statistics related to smoking and public safety. Council indicated new interest in amending the current smoking ordinance providing non-smoking on all public places, with few exceptions. Council directed staff to engage stakeholders in a public hearing and requested the City Attorney draft language for the expanded ordinance. Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding tree preservation in College Station and clarification on the policy options presented by staff. 6 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 3 Lindsay Boyer, Senior Planner described tree preservation ordinances from other communities. She highlighted comments made by stakeholders and the Planning and Zoning Commission, and staff commentary on items that could be included in a tree preservation ordinance for College Station. Bob Cowell, ACIP, Director of Planning and Development Services made additional comments on ideas, suggestions, and issues for discussion with Council: These comments related to the following categories: Protection Options: Mitigation: ▪Specimen trees ▪Planting replacement trees (size, species) ▪Tree stands ▪Maximum lot coverage ▪Number of trees ▪Transplanting existing trees ▪All trees of a specific size ▪Fees (tree fund) ▪Canopy/shade covers ▪Allow for alternate proposals ▪Designated heritage/historic trees ▪Waivers to standards ▪Other items to be considered ▪Species to include/exclude ▪Underbrush Incentives: Application Options: ▪Density / Clustering bonuses ▪Commercial / multi-family ▪Dimensional standard variations ▪Existing single-family ▪Buffer bonus ▪New single-family ▪Landscaping ▪Preservation zones ▪Parking spaces ▪Redevelopment ▪Subdivision design ▪Citywide Council supported the continuance of developing the tree preservation ordinance that will accommodate the entire community, and in addition, establishing tree preservation zones. No formal action was taken. ______________________________________ At 5:25 pm Mayor White announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the advice of our city attorney, to consider competitive matters, and economic development negotiations. Workshop Agenda Item No. 10 -- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Consultation with Attorney {Gov’t Code Section 551.071}; 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 subject(s) may be discussed: a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply Corporation. b. Sewer CCN permit requests. c. Water CCN permit requests. d. Water service application with regard to Wellborn Special Utility District. e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan 7 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 4 f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of College Station funds made by Paul Urso to Texcon. g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites. h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos Valley Groundwater Conservation District. i. JK Development v. College Station. j. Taylor Kingsley v. College Station. k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station. l. TMPA v. PUC (College Station filed Intervention). m. 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. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes County site. Competitive Matter {Gov’t Code Section 551.086}; possible action The City Council may deliberate, vote, or take final action on a competitive matter in closed session. The City Council must make a good faith determination, by majority vote of the City Council, that the matter is a Competitive Matter. A “Competitive Matter” is a utility-related matter that the City Council determines is related to the City of College Station’s Electric Utility Competitive Activity, including commercial information, which if disclosed would give advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to be considered as a competitive matter. a. Power Supply 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. Proposed Development generally located southeast of the Intersection of Earl Rudder Freeway and Southwest Parkway Workshop Agenda Item No. 11 -- Action on executive session, or any workshop agenda item not completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary. Council recessed from the executive session at 6:55 pm. Workshop Agenda Item No. 12 -- Adjourn. The workshop meeting concluded following the regular meeting. See regular meeting minutes for discussion of remaining workshop items. Minutes of Regular Meeting Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear visitors. Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation. Presentations: Mark Conlee, Mayor of the City of Bryan presented the Brazos Boot Award to Mayor White. City Manager Glenn Brown presented the TML award for “Coffee with the Mayor” in recognition of City of College Station, Mayor White, Mark Beal, Chad, Mike Neu, Chad Cockrum and Peggy Calliham. 8 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 5 Mayor White presented the Texas Amateur Athletic Federation Awards and Recognition to the Parks and Recreation Department. Mayor White also presented the Texas Amateur Athletic Federation Service Awards to David Gerling, Rec. Superintendent, in honor of 15 years of service. Hear Visitors: Buck Prewitt, 2302 Scotney Ct. - stated concern for lack of input by citizens prior to the adoption of the Traffic Impact Analysis. Nathan Fort, Holleman Dr., TAMU student - requested Council consider a recycling program for Northgate District. Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Approved minutes for the City Council Meetings of Thursday, October 23, 2008; Budget Workshop Meetings, August 20, 2008, August 21, 2008, September 8, 2008; and, Special Meeting September 17, 2008. b. Approved the 2008 Property Tax Roll in the amount of $22,074,830.98. This is the tax roll that will be generated by the tax rate of $0.4394 per $100 assessed valuation adopted by the City Council at its September 27, 2008 meeting. c. Approved the renewal of an annual price agreement for Emergency Medical Supplies with Boundtree Medical (previously Tri-anim Health Services) for $34,578.09 and Boundtree Medical for $21,847.01 not to exceed $56,425.10. Boundtree Medical merged with Tri-anim Health Services June 5, 2008. d. Approved Resolution No. 11-5-08-2d on the renewal of an annual price agreement with Nafeco Inc., in an amount not to exceed $56,448.00 for fire protective clothing. e. Approved the renewal agreement with Mustang Rental Services of Texas, Ltd. for the rental of heavy machinery, Bid No. 07-112, for an annual expenditure of $95,000.00. f. Approved Resolution No. 11-5-08-2f declaring intention to reimburse certain Twin Oaks Landfill expenditures with proceeds from debt. g. Approved Resolution No. 11-5-08-2g adopting the awarded contract #08-286 for the Eagle Avenue Extension Project to Brazos Paving in the amount of $790,554.15. h. Approved the purchase of an Articulated Landfill Compactor from Mustang Tractor & Equipment to be used by the Brazos Valley Solid Waste Management Agency in the amount of $1,050,000.00. i. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09- 028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie Road Landfill. j. Presentation, possible action, and discussion on a resolution approving consultant contract #09-029 with CSC Engineering & Environmental Consultants, Inc. in the amount of $252,000.00 for the Twin Oaks Phase I Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING) 9 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 6 k. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09- 030 with CSC Engineering & Environmental Consultants, Inc. in the amount of $60,000.00 for the Twin Oaks Phase I Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING) l. Presentation, possible action, and discussion on a resolution approving professional services contract #09- 031, with HDR Engineering, Inc in an amount not to exceed $828,840.00 for Twin Oaks Landfill additional design/permitting, bidding and construction phase services. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING) m. Approved funding agreement between the City of College Station and Keep Brazos Beautiful for FY09 in the amount of $60,240. n. Approved funding addendum that will authorize expenditures for the Brazos County Health Department in the amount of $340,885. Council member Massey made a motion to approve consent agenda items 2a thru 2h and 2m and 2n. Council member Maloney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink. AGAINST: None Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning seven easements located at 1815 Brothers Boulevard. (WalMart). Alan Gibbs, City Enginee, presented Council seven ordinances vacating and abandoning easements located at 1815 Brothers Blvd for the expansion of Wal-Mart. Lisa Elledge, a Wal-Mart representative introduced Joe Groso, Civil Engineer. Mr. Groso presented the expansion plan of the Super Wal-Mart. Greg Oltman and Raymond Harris, Architects for the project presented the design of the Super Wal-mart. Mr. Gibbs gave an explanation that all easements may not be vacated simultaneously due to the project differences. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Maloney made a motion to approve Ordinance No.’s 3123, 3124, 3125, 3126, 3127, 3128, and 3129 for the seven abandoned easements located on 1815 Brothers Blvd. Mayor Pro Tem McIlhaney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink. AGAINST: None Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion regarding an ordinance to amend Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations, and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO) to remove master plans and amend standards relating to the Extraterritorial jurisdiction, including minimum lot size, minimum lot width, and urban street design. 10 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 7 Bob Cowell, ACIP, Director of Planning and Development presented an overview of the past several years College Station has experienced an increased rate of development in the ETJ. In an effort to address concerns identified by the Planning and Zoning Commission and the City Council, Council directed staff to retain a planning consultant to identify the reasons for this development and to identify options to better manage the development. This report, with its recommendations, was presented to the Parks and Recreation Board, the Planning and Zoning Commission, and the City Council in the summer of 2007. Council directed staff to engage with stakeholders and to bring forward ordinance revisions as needed. A number of stakeholder meetings were held as well as additional meetings with the Planning and Zoning Commission and the Council. During these various meetings it was concluded consensus could be not likely reached on many of the issues identified in the report or on the specific standards identified in the report. Staff, therefore, offers the following as a partial (and less stringent) recommendation for implementing the recommendations contained within the report: 1. Removal of master plans as a requirement or option. 2. Establishment of a minimum lot size in the ETJ of 2 acre. 3. Establishment of a minimum lot width of 400’ along thoroughfares and 100’ along subdivision roads in the ETJ. 4. Removal of the urban street design as a requirement or option in the ETJ. The remaining items contained in the report will be addressed through the development of the city Comprehensive Plan update and the subsequent ordinance revisions. These recommended changes to the UDO and Subdivision Regulations are designed to be supported by complimentary CCN and sewer extension policies and annexation policies that will be discussed at upcoming Council meetings. David Coleman, Director of Water Services briefly explained the Aerobic system’s spray, the lack of system maintenance, and resulting problems. Don Plitt, Environmental Specialist with the Brazos County Health Department presented a report including inspections of on-site sewage facilities in the ETJ. 30%-50% of the facilities are non compliant. In response to City Council’s questions, Mr. Plitt recommended at least a 1.5 acre lot size for residential development. Mayor White opened the public hearing. Citizens opposed to the 2 acre lot size: Citizens for the 2 acre lot size: Randy French, 4301 Cupstone Roger Bligh, 13613 Headwater Dorthea Robinson, Michthea Lane James Sachtleben, 13922 Suzanne Jane Cohen, 3655 McCullough Road Debbie Wentling, 3622 Capstone Dr. Matthew Moore, 4404 Spring Branch Ct. Dave Wentling, 3622 Capstone Dr. County Judge Randy Sims, 206 Hearths Tone Cir. Gary Kovar, 13822 Apricot Glen Sherman Click, 4376 Bentwood Oliver Longnecker, 13411 Headwater Ln. Jim Maness, 1733 Arrington Rd Phil Gougler, 13515 Headwater Ln. Diane Goodman, 2181 Peach Creek Nancy Todd, 13891 Apricot Glen Glenn Thomas, 1110 12th Man Jeannie Longnecker, 13411 Headwater Ln. Lloyd Wassermann, 12318 N. Dowling Steven Davee, 13786 Suzanne Pl. ML Schohon, 4440 College Station Jody Gougler, 13515 Headwater Ln. Connie Hearne, 1008 Haywood Tami Laza, 13858 Apricot Glen Phillip Ross, 1414 Peach Creek Cut off Chuck Ellison 2902 Camille Dr. 11 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 8 Citizens opposed to the 2 acre lot size: Keith Ellis, 101 Grove Heath Shannon, 300 Greeson Buck Prewitt, 2302 Scotney Ct. Ken Davis, 11455 Deer Creek Bruce Lesikar, 5707 Shellbournes Hill Billy Chenault, 3413 Settlement Dr. Deborah Voorhees, 4070 Sweetwater Dr. George Richardson, 4070 Sweetwater Dr. Randall Pitcock, 2414 Stone Castle Mayor White closed the public hearing at 9:18 p.m. Mayor White called for a 10 min recess. Mayor White reopened the public hearing at 9:30 p.m. Roger Bligh, 13613 Headwater, testified in support of 2 acre lot size Mayor White closed the public hearing. Mayor White suggested voting protocol as a separate vote for each staff recommendation. Council concurred. Council member Crompton moved to approve Ordinance No. 3130 on the removal of master plans as a requirement and removal of the urban street as a requirement in the ETJ. Council member Massey seconded the motion, which carried 7-0. Mayor Pro Tem McIlhaney moved to approve Ordinance No. 3131 on establishing the minimum lot size in the ETJ of one acre and establishing a minimum lot width of one-hundred feet (100’). Council directed staff to forward the issue to Commissioners Court and the Health Department. Council member Stewart seconded motion, which carried 6-1. FOR: Mayor White, Mayor Pro Tem McIlhaney, Massey, Maloney, Stewart and Ruesink. AGAINST: Council member Crompton Regular Agenda Item No. 3 -- Public Hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 5-E: Special Provisions for Areas of Special Flood Hazard, Section 5-G: Special Provisions for Floodways, and Section 5-H: Special Provisions for Areas of Shallow Flooding. (Zero-Rise Requirement). Alan Gibbs, City Engineer presented an overview of the consideration of the Zero-Rise regulation to the Flood plain regulations. Specifically, the Special Flood Hazard Area (SFHA), which is commonly Zones AE and A as depicted on the Flood Insurance Rate maps (FIRMs). Development would still be allowed in the floodplain as long as it does not result in a net rise in the 100 year flood elevation. Council expressed concerned with the affects of Zero-Rise on ETJ. Alan Gibbs stated Zero-Rise will not affect the ETJ. Mayor White opened the public hearing. Chuck Ellison, 2902 Camille Dr. – voiced concern involving City property and eminent danger to residents Rebecca Riggs, with Mitchell and Morgan – not opposed to the zero-rise but would like to see the Council delay action for further review. Fred Paine, 1012 San Benito with Kling Engineering – hope for Councils consideration on the zero-rise. Joe Schultz, 3208 Innsbrook, representing Wallace Phillips - requested the completion of the terms for zero-rise. 12 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 9 Veronica Morgan, with Mitchell and Morgan – offered various methods to accomplish the zero-rise. Dale Browne, 1613 Peach Crossing with McClure and Brown Engineering – agreed with Veronica Morgan but would like Council to look at a grandfather clause. Sherry Ellison, 2705 Brookway Dr. – not opposed to the zero-rise but concerned with a grandfather clause. Matt Moore, 4401 Spring Branch Ct. – current landholder expressed concern with the affects of zero-rise. Mayor White closed the public hearing. Council member Maloney moved passage of the no adverse impact ordinance for 90 days and to revisit six to nine months to determine effectiveness. Council member Massey seconded the motion. Council member Maloney withdrew this motion. Council member Maloney moved to direct staff to work with City Attorney to prepare an ordinance reflecting a grandfather clause and no adverse impact options. Council member Massey seconded the motion. Council member Crompton moved approval of the ordinance as presented. Motion died for lack of second. Council member Maloney moved to direct staff to coordinate with the City Attorney to create an ordinance containing zero-rise, the grandfather clause, and no adverse impact toolkit. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on an ordinance amending the Land Use Plan element of the Comprehensive Plan from Single-Family Medium Density and Floodplains & Streams to Regional Retail, Office and Residential Attached for 31.19 acres generally located at the northeast corner of William D. Fitch and its future intersection with Victoria Avenue. Jennifer Prochazka, Senior Planner presented the Land Use Plan element of the Comprehensive Plan regarding a zoning change from Single-Family Medium Density, Floodplains & Streams to Regional Retail, Office and Residential. The property, 31.19 acres, is located at the northeast corner of William D. Fitch and its future intersection with Victoria. Staff recommended denial due to the incompatibility of rezoning. Mayor White opened the public hearing. Joe Schultz, 3208 Innsbrook, applicant spoke in support of rezoning. Wallace Phillips, 4490 Castle Gate, the developer answered questions of the Council. Mayor Pro Tem McIlhaney requested reevaluation by the P&Z Commission of the PDD comprehensive plan, the configuration of floodplain, and allowance of mixed use. Mayor White closed the public hearing. Council member Maloney moved to approve Ordinance No. 3132 on the amendment of the Comprehensive Plan from Single-Family Medium Density and Floodplains & Streams to Regional Retail, Office and Residential for 31.19 acres located at the northeast corner of William D. Fitch and its future intersection with Victoria. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 5 -- Public Hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 2: 13 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 10 Definitions, Section 5-B: Establishment of Areas of Special Flood Hazard Area, and Section 5-E: Special Provisions for Areas of Special Flood Hazard. Alan Gibbs, City Engineer, presented a brief overview of the meeting with National Flood Insurance Program (NFIP) Coordinator and the Texas Water Development Board on August 18, 2008, where the state conducted a Community Assistance Visit (CAV) for FEMA. In the following meeting; the NFIP Coordinator, reviewed our local Ch. 13 Flood Hazard Protection Ordinance to propose an amended ordinance which identified needs to update the meeting with FEMA minimum standards. Staff recommended approval of this ordinance amendment. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Massey moved to approve Ordinance No. 3133 to amend Chapter 13 of the Flood Hazard Protection as presented. Council member Maloney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 6 -- Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 20-foot wide public utility easement, which is centered on the lot line between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park, Phase 1 Subdivision according to the plat recorded in Volume 6121, Page 222 of the Deed Records of Brazos County, Texas. Alan Gibbs, City Engineer presented an easement abandonment that will accommodate the development of this subject tract as Aggie Pet Zone. He explained that there are no public or private utilities in the subject portion of easement to be abandoned. The 20-foot wide public utility easement abandonment is centered on the lot line between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park. Staff recommended approval of the ordinance. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Maloney moved to approve Ordinance No. 3134 to abandon the 20 ft public easement located on 3227 Rock Prairie Road West. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion of the City Council’s 2008- 2009 Strategic Plan. City Manager Glenn Brown presented modified version of the Council’s 2008-2009 Strategic Plan. The Plan was revised by the City Council during the summer retreat. Council member Crompton made a motion to approve the modified City Council 2008-2009 Strategic Plan. Council member Stewart seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Workshop Agenda Item No. 7 -- Council Calendar Council reviewed calendar. 14 Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 11 Workshop Agenda Item No. 8 -- Presentation, possible action, and discussion on future agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Council member Massey - briefing on future agenda of land holdings of the City and reaffirm of their use. Council member Massey - land development by the City of liquidate them. Council member Crompton - stated for future agenda the discussion on the policy issues, illegal use of fields, maintenance of fields, and registration issues of the baseball fields and taxi businesses. Mayor ProTem McIlhaney - TML conference update and the process for development of departments. Counicl member Massey – defer this item to a midyear retreat. (City hall strategy) Council member Ruesink – future workshop topic on jaywalking. Workshop Agenda Item No. 9 -- 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, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, 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 (Notice of Agendas posted on City Hall bulletin board). No discussion was held. At 12:40 am on Thursday, November 6, 2008 Mayor White announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the advice of our attorney, to discuss competitive matters, and discuss economic development negotiations. Regular Agenda Item No. 7 -- Adjourn. Hearing no objections, Mayor White adjourned the meetings at 1:10 am on Thursday, November 6, 2008. PASSED AND APPROVED this 24th day of November, 2008. APPROVED ___________________________ Mayor Ben White ATTEST: _________________________ City Secretary Connie Hooks 15 Mayor Councilmembers Ben White John Crompton Mayor ProTem James Massey Lynn McIlhaney Dennis Maloney City Manager Lawrence Stewart Glenn Brown David Ruesink Draft Minutes City Council Special Meeting Monday, November 17, 2008 at 5:15 pm City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Council members Crompton, Massey, and Stewart. STAFF PRESENT: Deputy City Manager David Neeley, Assistant City Manager Merrill, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt Agenda Item No. 1 -- Mayor White called meeting to order at 5:15 p.m. Agenda Item No. 2 -- Presentation, discussion, and possible action on a resolution to canvass the results of the Bond Election and the Charter Amendment Election held on November 4, 2008. Connie Hooks, CitySecretary presented a resolution on the results of the Bond Election and the Charter Amendment Election held on November 4, 2008. Council member Massey moved to approve Resolution 11-17-08-2 on the results of the Bond Election and the Charter Amendment Election. Council member Crompton seconded the motion, which carried 4-0. FOR: Mayor White, Council members Crompton, Massey, Stewart AGAINST: None. ABSENT: Mayor Pro Tem McIlhaney, Council members Maloney, Ruesink Agenda Item No. 3 -- Adjourn. Hearing no objections, Mayor White adjourned the meeting at 5:18 p.m. on Monday, November 17, 2008. PASSED AND APPROVED this 24th day of November, 2008. 16 APPROVED ___________________________ Mayor Ben White ATTEST: _________________________ City Secretary Connie Hooks 17 Traditional Values, Progressive Thinking In the Research Valley Mayor Councilmembers Ben White John Crompton Mayor ProTem James Massey Lynn McIlhaney Dennis Maloney City Manager Lawrence Stewart Glenn Brown David Ruesink Draft Minutes City Council Workshop & Regular Minutes Monday, November 24, 2008 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Mayor Pro Tem McIlhaney, Council members Maloney Crompton, Massey, Ruesink and Stewart STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team. Mayor White called meeting to order at 3:00 p.m. Council member Massey absent Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent agenda. Consent Agenda Items No. 2a, 2d, 2g, and 2l were removed from the consent agenda and placed on future meeting agenda. Mayor Pro Tem McIlhaney noted her abstention from Consent Item No. 2b. Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding the 2009 Planning & Zoning Commission Plan of Work. John Nichols, Chairman of Planning and Zoning Commission called the meeting into order at 7:04 pm. Bob Cowell, ACIP, Director of Planning and Development Services outlined the Plan of Work. Council and P&Z Commissioners discussed the Plan of Work format. The plan continues to align with the Department’s Strategic Business Plan. Items are assigned within one of four categories: Community & Neighborhood Planning, Data Collection & Analysis, Development Services, and Outreach & Communications. They also discussed the additional descriptions that are provided to better track the purpose and progress of each item through the year. Staff recommended endorsement of the items contained within the 2009 P&Z Plan of Work. Council member Crompton made a motion to approve the 2009 P&Z Plan of Work project. Mayor Pro Tem McIlhaney seconded the motion, which carried 6-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Maloney, Stewart and Ruesink AGAINST: None 18 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 2 ABSENT: Council member Massey John Nichols, Chairman of P&Z Commission adjourned their meeting at 3:35 p.m. Workshop Agenda Item No. 3-- Presentation, possible action, and discussion on a Memorandum of Agreement between the City of College Station, Research Valley Partnership and Lynntech, Inc. David Gwin, Director of Economic Development presented a Memorandum of Agreement which provided a general framework under which the City will facilitate reinvestment and new development in and around the former Westinghouse facility, located at 2501 Earl Rudder South. The agreement outlined those items for which each party shall be responsible and also identified specific performance for the private sector entity. John Clanton, President of Lynntech made a few remarks about the concept plan. No formal action was taken. Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion on a resolution supporting the City’s desire to become a certified “Film Friendly Texas” Community through the State of Texas Film Commission; and adoption of the Guidelines for Filming in the City of College Station. David Gwin, Director of Economic Development explained the item. He stated that the convention and Visitors Bureau has been assisting local representatives to become a certified “Film Friendly Community’, designated by the Texas Film Commission. He described the benefits of this designation. On-location filming in College Station has the potential to boost the local economy and provide numerous area-wide promotional opportunities. By becoming a certified Film Friendly Community, the City will be able to take advantage of many of the services provided by the Texas Film Commission which currently help to promote and market the community to the national entertainment industry. These include guidance and assistance in handling commercial filming opportunities; recognition on the Commission’s website; and an opportunity to be featured as “Community of the Month” on the Commission’s website. Council concurred with staff’s recommendation. No formal action was taken. Consideration of the resolution was scheduled for the regular meeting. Workshop Agenda Item No. 5 -- Presentation possible action and discussion of a plan to plant trees on public property along Texas Avenue between Harvey Road and Harvey Mitchell Parkway. Mark Smith, Director of Public Works presented an updated plan to plant trees on public property along Texas Avenue between Harvey Road and Harvey Mitchell Parkway. Staff proposed a two phase process focused on “limited” areas and “unlimited” areas. The limited areas were those areas in the corridor where there are conflicts with utilities, sight triangles, poor topography; adjacent commercial property landscapes limited space availability. The unlimited areas were areas in the corridor where large shade trees are appropriate and where there are few topographic, space, utility or safety constraints. Council directed staff to move forward with the plan to plant trees on public property. Workshop Agenda Item No. 6 -- Council Calendar Council reviewed activity calendar. Workshop Agenda Item No. 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 subject on an agenda for a subsequent meeting 19 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 3 Council member Maloney asked staff to look into the creation of a College Station Business Association. Workshop Agenda Item No. 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, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, 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 (Notice of Agendas posted on City Hall bulletin board). No discussion held. ______________________________________ At 4:28 pm Mayor White announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, and 551.087 of the Open Meetings Act to seek the advice of our city attorney, to consider competitive matters, and economic development negotiations. Workshop Agenda Item No. 9 -- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Consultation with Attorney {Gov’t Code Section 551.071}; 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 subject(s) may be discussed: a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply Corporation. b. Sewer CCN permit requests. c. Water CCN permit requests. d. Water service application with regard to Wellborn Special Utility District. e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of College Station funds made by Paul Urso to Texcon. g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites. h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos Valley Groundwater Conservation District. i. JK Development v. College Station. j. Taylor Kingsley v. College Station. k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station. l. TMPA v. PUC (College Station filed Intervention). m. 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. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes County site. n. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben White. 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 20 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 4 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. Purchase of one or more tracts near the Wolf Pen Creek area. 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. Next Generation Industrial Park. b. Hotel / Convention Center. Workshop Agenda Item No. 10 -- Action on executive session, or any workshop agenda item not completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary. At 6:50 pm, Council adjourned from the executive session and returned to Council Chambers. No formal action was taken. Workshop Agenda Item No. 11 -- Adjourn. The workshop meeting adjourned following the regular meeting. Minutes of Regular Meeting Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear 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: Greg Taylor, 15796 I6 N, expressed his concern on the annexation proposal regarding the lack of adequate notification to potential property owners. Regular Agenda Item No. 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 minutes for November 5, 2008 meeting. (Item removed) b. Approved the Group Long Term Disability Policy Renewals for the calendar years of 2006, 2007, 2008, and 2009. Mayor Pro Tem McIlhaney abstained. c. Approved the Equipment Replacement Fund contingency transfer in the amount of $18,881.05 for a pilot project to move selected non-Public Safety users from the 800 MHz radio system to a commercial push-to- talk radio system. d. Presentation, possible action, and discussion concerning a resolution approving special warranty deeds conveying one-half undivided interest to the City of Bryan in land acquired by condemnation for Twin Oaks Landfill. (Item removed) 21 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 5 e. Approved Resolution No. 11-24-08-2e on awarding Bid#09-05, installation of a traffic signal at the intersection of William D. Fitch Parkway and Lakeway Drive to lowest responsible bidder Bayer Construction in the amount of $157,232.50. f. Approved Resolution No. 11-24-08-2f on amending the authorized representatives at TexPool. g. Presentation, possible action, and discussion on approving the budget of the George Bush Presidential Library Foundation; and presentation, discussion and possible action on a funding agreement between the City of College Station and the George Bush Presidential Library Foundation for FY09 in the amount of $100,000. (Item removed) h. Approved the authorizing of the expenditures for the Brazos County Appraisal District in the amount of $237,596 pursuant to Texas State Property Tax Code Section 6.06 (d). i. Approved Resolution No. 11-24-08-2i awarding the bid and approval of a contract (Contract Number 09- 04) with The Ground Crew, L.L.C., from Bryan, Texas in the amount of $92,987.55 and sixty (60) calendar days to complete the installation of trees, landscaping, and irrigation for the Dartmouth Street Extension Project Number ST-0211, and authorizing the expenditure of funds. The total amount of the contract includes a base bid of $89,950.05 and acceptance of Alternate #1 (use of Palisades Zoysia sod instead of Bermuda sod) in the amount of $3,037.50. j. Approved the City’s proposed Housing Rehabilitation and Minor Home Repair Program Guidelines. k. Approved Resolution No. 11-24-08-2k supporting the City’s desire to become a certified “Film Friendly Texas” Community through the State of Texas Film Commission; and adoption of the Guidelines for Filming in the City of College Station. l. Presentation, possible action and discussion regarding the approval of a resolution accepting from the Governors Division of Emergency Management (GDEM) the 2008 Homeland Security Grant Program –Sub- recipient of $166,666.67 naming a City staff member as manager of those grant funds, and approving the 2008 City of College Station Equipment List for purchase. (Item removed) m. Approved the change order to Contract #04-086 in the amount of $6,800.00 to BRW Architects for design work associated with Police Department Renovations Project. n. Approved the change order #2 to engineering design contract 07-152 with Malcolm-Pirnie, Inc in the amount of $38,125 for construction inspection services on the Parallel Water Transmission Line. o. Approved Resolution No. 11-24-08-2o awarding a professional services contract to Malcolm Pirnie Inc. in the amount of $50,000 to conduct a feasibility study for the use of saline (brackish) groundwater wells to increase our drinking water supply. p. Approved Resolution No. 11-24-08-2p that will authorize City staff to negotiate for the purchase of an easement needed for the Wellborn Widening Project. q. Approved Resolution No. 11-24-08-2q designating the Construction Manager at Risk as an alternative procurement method for the proposed renovation and expansion to the Utility Service Center. r. Approved the Real Estate Contract that will authorize and direct City staff to complete the purchase of right-of-way needed for the William D. Fitch Widening Phase II Project. 22 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 6 s. Approved Resolution No. 11-24-08-2s approving a construction contract with Brazos Valley Services for the amount of $3,749,256.38 for the construction of the WD Fitch Pkwy Widening Phase II Project. t. Approved the Change Order No. 4 to the construction contract (Contract No. 08-044) with JaCody, Inc. in the amount of $156,468 for the CSU Meeting & Training Facility. u. Approved Resolution No. 11-24-08-2u on the construction contract (Contract #09-032) with Brazos Valley Services in the amount of $1,847,972.66 for the Barron Road Capacity Improvements Phase 1 Project. v. Approved Resolution No. 11-24-08-2v on a Professional Services Contract with Lockwood, Andrews, Newnam, Inc., in the amount of $188,700, for the design of the Carters Creek Wastewater Treatment Plant Miscellaneous Improvements, and approved Resolution No. 11-24-08-2v-a declaring intention to reimburse certain expenditures with proceeds from debt. w. Approved the Memorandum of Agreement between the City of College Station, Research Valley Partnership and Lynntech, Inc. Council member Crompton moved to approve consent agenda items 2b thru 2w with the exception of items 2a, 2d, 2g, & 2l. Council member Massey seconded the motion, which carried 7-0. Mayor ProTem McIlhaney abstained from consent agenda item 2b. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 1 -- Public hearing, presentation, possible action and discussion regarding a resolution increasing the drainage utility rate. Mark Smith, Director of Public Works presented the resolution authorizing the increase of drainage utility rate from $3.50 to $5.00 per month for a single family residence, from $1.57 to $2.25 per month for a multi-family residence and $1.65 to $2.35 per 1000 sf per month for commercial properties. He explained that the rates have not increased since the designation of the drainage utility fee in 1996. He also added that the population growth has rapidly increased and the fees must be in compliance with the stormwater pollution prevention plan. Mayor White opened the public hearing. No one spoke. He closed the public hearing. Council member Crompton moved to approve Resolution No. 11-24-08-01 authorizing the increase in drainage utility rates as presented. Council member Maloney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 2 -- Public hearing, presentation, possible action and discussion on a Comprehensive Land Use Plan amendment from Industrial R&D to Residential Attached for 1.32 acres located at 300 Holleman Drive, located next to the Verizon building near Lassie Lane. Molly Hitchcock, Planning Administrator presented an amendment to the comprehensive land use plan for 1.32 acres located at 300 Holleman Drive. She explained the various types of rezoning in this area and the mixed use in the area for Wolf Pen Creek. P&Z Commission and staff recommended denial of the request. John Nichols, Chairman of P&Z Commission stated that P&Z recommended denial of the applicant request on the amendment to the comprehensive land use plan. 23 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 7 Mayor White opened the public hearing. Jason McAllister, 636 San Mario Ct., VP of the Oldham Group explained the retail component of this property. Jane Kee, IPS Group asked Council to consider what type of zoning it wants for the area, considering traffic volume. Bo Miles, IPS Group and local developer and contractor at 341 Landsburg, stated that the project construction proposes to build and share with the Wolf Pen Creek Corridor. Scott Ball, IPS Group and owner of Wolf Creek Condo Development at 4711 Johnson Creek Loop, inquired about the Council’s vision of the Corridor. Mayor White closed the public hearing. Mayor Pro Tem McIlhaney made a motion to refer the item back to P&Z for more discussion and have a further look into the corridor and the adjacent tracts. Council member Stewart seconded motion, which carried 4-3. FOR: Mayor White, Mayor Pro Tem McIlhaney, Stewart and Ruesink AGAINST: Maloney, Crompton, and Massey Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion regarding an ordinance rezoning from A-O Agricultural Open to C-1 General Commercial Industrial for 2.056 acres located at 1780 Greens Prairie Road West, and more generally located near the northwest corner of the intersection of Greens Prairie Road and Arrington Road. Molly Hitchcock, Planning Administrator presented the staff report. The property owner has requested a rezoning for 2.056 acres located at 1780 Greens Prairie Road from A-O Agricultural Open to C-1 General Commercial Industrial. P&Z Commission and staff recommended approval of this request. Mayor White opened the public hearing. No one spoke. He closed the public hearing. Council member Maloney made a motion to approve Ordinance No. 3135 rezoning from A-O Agricultural Open to C-1 General Commercial Industrial for 2.056 acres located at 1780 Greens Prairie Road West, and more generally located near the northwest corner of the intersection of Greens Prairie Road and Arrington Road. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 4 -- Public hearing, presentation, possible action and discussion regarding a Comprehensive Plan Amendment - Land Use for 2.70 acres located at 2875 Earl Rudder Freeway, and more generally located next to the North Forest Professional Park, from Floodplains & Streams and Single-Family Residential Medium Density to Office. Molly Hitchcock, Planning Administrator presented an amendment of the Comprehensive Plan Amendment Land Use for 2.70 acres located at 2875 Earl Rudder Freeway. P&Z Commission and the Staff recommended approval of the request to change the land use designation of the 1.69 acre portion currently designated as Single Family Residential Medium Density to Office. Staff recommended denial of the request to change the land use designation of the 1.01 acre portion currently designated as Floodplains & Streams to Office. John Nichols, Chairman of P&Z Commission described the outcome of the Planning and Zoning Commission’s decision which was a tie vote of 3-3. Mayor White opened the public hearing. 24 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 8 Fred Bayless, 7610 River Ridge, representative of the property owner Dr. Salzar, requested Council’s consideration to approve the rezoning to allow applicant to realign the property. He indicated that the property owner is willing to donate a portion of the greenways property to the City.. Joe Schultz, 3208 Innsbrook, described the subject property. Mayor White closed the public hearing. Council Member Maloney made a motion to approve Ordinance No. 3136 as recommended by staff and Planning and Zoning Commission to change the land use designation of the 1.69 acre portion from Single Family Residential Medium Density to Office. Council member Stewart seconded the motion, which carried 5- 1. Mayor Pro Tem McIlhaney abstained from discussion and vote. FOR: Mayor White, Massey, Maloney, Stewart and Ruesink AGAINST: Crompton Mayor Pro Tem McIlhaney abstained Regular Agenda Item No. 5 -- Public hearing, presentation, possible action, and discussion regarding an ordinance rezoning from R-1 Single Family Residential and A-O Agricultural-Open to PDD Planned Development District for 120.77 acres located at 1430 Harvey Mitchell Parkway South generally located opposite the intersection with Holleman Drive. Bob Cowell, AICP, Director of Planning and Development presented a rezoning of 120.77 acres located at 1430 Harvey Mitchell Parkway South from R-1 Single Family Residential and A-O Agricultural-Open to PDD Planned Development District. P&Z Commission and Staff recommended approval of the request with three conditions: the width of the buffer areas be a minimum of 35 feet, the maximum square feet of retail for area F1 be limited to 75,000 square feet, and the connection road to Place Properties is constructed as a private drive instead of the a public street and its alignment not be restricted to the proposed location but will be located at any point between to two properties such that the connection is made. Veronica Morgan with Mitchell and Morgan presented a video of the rezoning and development of Capstone. Mayor White opened the public hearing. No one spoke. He closed the public hearing. Council member Massey moved to approve Ordinance No. 3137 to rezone 120.77 acres located at 1430 Harvey Mitchell Parkway South generally located opposite the intersection with Holleman Drive. from R-1 Single Family Residential and A-O Agricultural-Open to PDD Planned Development District. Council member Maloney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Mayor White called for a recess 8:50 p.m. Mayor White reconvened at 9:00 p.m. Regular Agenda Item No. 6 -- Public hearing, presentation, possible action and discussion regarding an amendment to the Comprehensive Land Use Plan from Single-Family Residential Medium Density to Retail Regional West, and more generally located near the southwest corner of the intersection of Greens Prairie Road and Arrington Road. Molly Hitchcock, Planning Administrator presented an amendment to 34.6 acres located at 1775 Greens Prairie Road West. She also stated that Part of the amendment will not be discussed due to posting error but rezoning 25 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 9 of the Retail Region could be discussed. P&Z recommendation failed on a 3-3 vote and staff recommended denial due to the compatibility. Parviz Vessali, applicant at 110 Pershing, gave Council an overview for the purpose of the rezoning to retail and explained to Council that they are only approving the Retail Regional use not on the Residential. John Nichols Chairman P&Z Commission stated that the item before them was for an amendment to the Comprehensive Land Use Plan. Mayor White opened the public hearing. No one spoke. He closed the public hearing. Council member Crompton moved to deny applicants request. Motion failed due to lack of second. Mayor Pro Tem McIlhaney moved to refer back to P&Z to look at PDD which would contain Mix-Use, Retail, Residential and Office. Council member Stewart seconded the motion, which carried 4-3. FOR: Mayor White, Mayor Pro Tem McIlhaney, Stewart and Ruesink AGAINST: Maloney, Crompton, and Massey Regular Agenda Item No. 7 -- Public hearing, presentation, possible action and discussion on a Comprehensive Land Use Plan amendment from Industrial R&D to Residential Attached for 5.59 acres located on the northern corner of the intersection of State Highways 60 and 47. Molly Hitchcock, Planning Administrator presented the staff report. The Comprehensive Land use Plan amendment is for 5.59 acres located on the northern corner of the intersection of State Hwy 60 and 47 from Industrial R&D to Residential. P&Z Commission and Staff recommended denial of the amendment due to compatibility. Switzer Deason, 1017 Lyceum Ct., applicant, stated that the area land uses had changed and it was compatible with the Residential District. John Nichols, Chairman of P&Z Commission, stated his support of retirement community in the community. However, the proposed area is not the appropriate location. Mayor White opened the public hearing. No one spoke. He closed the public hearing. Council member Maloney made a motion to deny the request of rezoning the 5.59 acres located on the northern corner of the intersection of State Highways 60 and 47. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 8 -- Public hearing, presentation, possible action, and discussion on an amendment to the Unified Development Ordinance, Section 5.9, Single-Family Overlay Districts as it relates to the minimum number of petition signatures to request an overlay. Bob Cowell, AICP, Director of Planning and Development Services presented an overview of the revised Single-Family Overlay District and the language to reduce the percentage of owners required to sign for a petition requesting an overlay rezoning. The amendment will reduce the requirement form 60% to 50% plus one (1). 26 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 10 John Nichols, Chairman of P&Z Commission explained the P&Z decision on the denial of the amendment by a vote of 6-1. Mayor White opened the public hearing. Lisa Yeagin Robinson, 605 Guensey, opposed to amendment. Sherry Ellison, 2705 Brookway Dr., supports the amendment. James R. Robinson, 605 Guernsey, opposed to amendment. Henry Wittner, Press of Raintree Homeowners Association, supported the amendment. Mayor White closed the public hearing. Council member Crompton moved to approve Ordinance No. 3138 to amend the Single-Family OverlayDistrict as it related to the minimum number of petition signatures of 50 percent plus one to request an overlay.. Council member Maloney seconded the motion, which carried 4-3. FOR: Mayor Pro Tem McIlhaney, Crompton, Massey and Maloney AGAINST: Mayor White, Stewart and Ruesink Regular Agenda Item No. 9 -- Presentation, possible action and discussion regarding the establishment of a neighborhood grant program and revisions to the current gateway grant program. Bob Cowell presented an overview of the establishment of a neighborhood grant program and revisions to the current gateway grant program. Barbara Moore, Neighborhood and Community Relations Coordinator explained the Grant funding of $15,000. Goals: Strengthen & improve neighborhood associations Improve the appearance of city neighborhoods Strengthen the relationship between the HOA and the City government Stimulate inter-neighborhood cooperation Encourage new communities to develop their own neighborhood associations Stimulate interaction between all College Station HOAs/Neighborhood associations Council member Crompton made a motion to approve the report on neighborhood grant programs and revisions to the current gateway grant program. Council member Stewart seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 10 -- Presentation, possible action and discussion regarding a resolution of the City Council of the City of College Station, Texas, approving and setting fees for Parks and Recreation activities and facilities for Calendar Year 2009. Tony Cisneros, Director of Parks and Recreation presented an annual review of the user fees to determine direct costs, as well as local “market” rates for individual programs and facilities. Further the Parks and Recreation Advisory Board established a departmental fee policy statement to provide guidance in the establishment of fees. This policy is consistent with the City’s fiscal and budgetary policy. The Parks and Recreation Advisory Board also recommended approval of the fees as submitted for Calendar Year 2009. The Municipal Cemetery System fees were also added to the list of parks user fees. Council requested staff to change fee amount to $10.00 for parking on football weekends. 27 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 11 Council member Crompton moved to approve Resolution No. 11-24-08-10 with suggested changes to parking fees. Mayor Pro Tem McIlhaney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 11 -- Presentation, possible action, and discussion of Federal Emergency Management Agency’s (FEMA) Community Rating System (CRS) program and consideration for a Resolution to support the application to and implementation of the CRS Program. Alan Gibbs, City Engineer presented the staff report explaining the application process and recommendations. The Community rating system recognizes cities that implement and enforce flood protection above the minimum requirements and rewards these cities’ citizens with the opportunity to purchase flood insurance at reduced rates. The amount of reduction varies between 5% to 45% depending on the floodplain management activities of the city. The City of College Station’s current floodplain management requirements do exceed FEMA minimums, and by staff estimation should make the City eligible for acceptance into the CRS program with an estimated 5-15% rate reduction. To join the program we must first submit an application to the NFIP’s Insurance Services Office, Inc. If the application is acceptable then a formal inspection of our records and practices will be reviewed by a team from the NFIP. Based on their findings we will receive a participation rating and our citizens will receive reduced insurance rates. Council member Maloney made a motion to approve Resolution No. 11-24-08-11 for the FEMA Community rating system application. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 12 -- Presentation, possible action and discussion on appointments to the newly-created Landmark Commission. Bob Cowell, AICP, Planning and Development Services Director presented a list of applicants for the newly created Landmark Commission. Council member Massey made a motion to appoint the following citizens to the Landmark Commission. Council member Maloney seconded the motion, which carried 7-0. Shawn Carlson: 06-11 Bill Lancaster: 06-12 Scott Shafer: 06-10 Joseph Williams: 06-12 Wajahat Mirza: 06-11 Jerry Cooper: 06-12 Gaines West: 06-12 FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 13 -- Presentation, possible action, and discussion on appointment of citizen as member of Convention and Visitors Bureau. 28 Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 12 Connie Hooks, City Secretary stated that the Brazos Valley Convention and Visitors Bureau endorsed the reappointment of Steve Moore as the City of College Station’s representative. Council member Massey moved to approve the reappointment of Steve Moore to the Brazos Valley Convention and Visitors Bureau for a two year term. Council member Ruesink seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 14 -- Presentation, possible action, and discussion regarding the City’s appointment to the Twin City Endowment. Connie Hooks, City Secretary sought Council consideration of an appointment to the Twin City Endowment Board. Staff recommended Wayne Rife to serve as the City’s representative on the Twin City Endowment Board. Council member Maloney moved to approve the appointment of Wayne Rife to the Twin City Endowment Board replacing Harry Green. Council member Ruesink seconded the motion, which carried 7-0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 15 -- Adjourn. Hearing no objections, Mayor White adjourned the meetings at 11:13 pm on Monday, November 24, 2008. PASSED AND APPROVED this 11th day of December, 2008. APPROVED ___________________________ Mayor Ben White ATTEST: _________________________ City Secretary Connie Hooks 29 December 11, 2008 Consent Agenda Item No. 2b Change Order to Bleyl & Associates Professional Services Contract for the 2005 Bike Loop Project To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding a change order to the professional services contract with Bleyl & Associates for the 2005 Bike Loop Project in the amount of $10,725. Recommendation(s): Staff recommends approval of Change Order #1 in the amount of $10,725. Summary: In response to TxDOT design review comments, additional effort was necessary to modify the Longmire and 2818 intersection design to include channelized turn lanes and a raised median along Longmire Drive. The 2005 Bike Loop project was also split into two separate projects to expedite the delivery of the Longmire improvements and Bee Creek bridge project while the Bike Loop Project undergoes additional review requirements by the State. This change order will cover the cost of additional effort associated with the design modifications and to split one final package into two, including modifying the plans, specifications and the bid estimate, which were already prepared. Budget & Financial Summary: Funds in the amount of $981,624 have been budgeted for this project from the Streets Capital Improvement Projects Fund. Funds in the amount of $75,068.43 have been expended or committed, leaving a balance of $906,555.57. Attachments: 1.) Change Order 2.) Bleyl Letter 30 31 December 11, 2008 Consent Agenda Item No. 2c 2005 Bike Loop Phase I—Longmire Improvements Construction Contract Award To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding a resolution approving a construction contract with JCF Bridge & Concrete, Inc. for the amount of $636,401.43 for the construction of the 2005 Bike Loop Phase I—Longmire Improvements Project. Recommendation(s): Staff recommends award to the lowest, responsible bidder, JCF Bridge & Concrete, Inc., in the amount of $636,401.43. Summary: The project includes improvements to the Longmire Drive-FM 2818 intersection, bicycle lanes on Longmire Drive, and a pedestrian bridge over Bee Creek. Four (4) competitive bids were produced in response to Bid No. 09-07 (Bid Tab attached). The contract allows for 150 days for the completion of the project. Budget & Financial Summary: Funds in the amount of $981,624 have been budgeted for this project from the Streets Capital Improvement Projects Fund. Funds in the amount of $75,068.43 have been expended or committed, leaving a balance of $906,555.57. Attachments: 1.) Resolution 2.) Bid Tab 3.) Project Map 32 33 Ci t y o f C o l l e g e S t a t i o n - P u r c h a s i n g D e p a r t m e n t Bi d T a b u l a t i o n f o r # 0 9 - 0 7 "L o n g m i r e D r i v e a n d F M 2 8 1 8 I n t e r s e c t i o n I m p r o v e m e n t s " Op e n D a t e : W e d n e s d a y , O c t o b e r 2 2 , 2 0 0 8 @ 2 : 0 0 p . m . IT E M QT Y U N I T D E S C R I P T I O N UN I T B I D PR I C E TO T A L B I D AM O U N T UN I T B I D PR I C E TOTAL BID AMOUNTUNIT BID PRICETOTAL BID AMOUNTUNIT BID PRICETOTAL BID AMOUNT 1. 0 1 1L S I ns u r a n c e a n d M o bi l i za t i on f or a ll m a t e r i a l , e q u i pm e n t a n d l a b or t o c o m p l et e th e p r o j e c t ( n o t t o e x c e e d 5 % o f c o n s t r u c t i o n c o s t ) p e r l u m p s u m . $ 3 0 , 0 0 0 . 0 0 $3 0 , 0 0 0 . 0 0 $2 0 , 3 1 2 . 6 1 $20,312.61 $30,500.00 $30,500.00 $59,500.00 $59,500.00 Su b t o t a l I t e m 1 . 0 0 $3 0 , 0 0 0 . 0 0 $20,312.61 $ 3 0 , 5 0 0 . 0 0 $ 5 9 , 5 0 0 . 0 0 2. 0 0 PE D E S T R I A N B R I D G E 2. 0 1 1E A Fu r n i s h a n d I n s t a l l P e d e s t r i a n T r u s s B r i d g e S p a n ( 1 2 0 ’ - 4 ” s p a n ) i n c l u d i n g a l l in c i d e n t a l s a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n pl a c e p e r e a c h . $1 5 4 , 0 0 0 . 0 0 $1 5 4 , 0 0 0 . 0 0 $1 3 3 , 9 2 1 . 7 8 $133,921.78 $171,720.00 $171,720.00 $168,000.00 $168,000.00 2. 0 2 16 C Y Fu r n i s h a n d I n s t a l l C l a s s C C o n c r e t e B r i d g e A b u t m e n t i n c l u d i n g a b u t m e n t co n s t r u c t i o n a n d i n s t a l l a t i o n a n d s t e e l r e i n f o r c e m e n t a s s h o w n o n t h e d r a w i n g s an d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r c u b i c y a r d . $7 2 5 . 0 0 $1 1 , 6 0 0 . 0 0 $2 , 6 7 4 . 7 6 $42,796.16 $783.00 $12,528.00 $790.00 $12,640.00 2. 0 3 94 . 8 L F F ur n i s h a n d I ns t a ll 20 i nc h di am e t er c o n c r e t e d r il l s h a ft f ou n d a ti on i nc l u di ng re i n f o r c e m e n t a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , co m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 1 2 5 . 0 0 $1 1 , 8 5 0 . 0 0 $8 7 . 8 7 $8,330.08 $135.00 $12,798.00 $136.00 $12,892.80 2. 0 4 0. 8 0 C Y F ur n i s h a n d I ns t a ll 20 i nc h di am e t er c o n c r e t e d r il l s h a ft f ou n d a ti on i nc l u di ng re i n f o r c e m e n t a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , co m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 1 , 2 0 0 . 0 0 $9 6 0 . 0 0 $7 2 1 . 1 6 $576.93 $1,620.00 $1,296.00 $1,630.00 $1,304.00 Su b t o t a l I t e m 2 . 0 0 $1 7 8 , 4 1 0 . 0 0 $ 1 8 5 , 6 2 4 . 9 4 $ 1 9 8 , 3 4 2 . 0 0 $ 1 9 4 , 8 3 6 . 8 0 3. 0 0 RE M O V A L & R E L O C A T I O N S 3. 0 1 3 S T A Pr e p a r e R O W f o r t h e b i k e p a t h a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g in e e r , c o m p le t e p er S t a t i o n $6 , 5 0 0 . 0 0 $1 9 , 5 0 0 . 0 0 $2 , 0 9 6 . 4 5 $6,289.35 $3,000.00 $9,000.00 $810.00 $2,430.00 3. 0 2 77 . 1 S Y Re m o v e a n d P r o p e r l y D i s p o s e o f C o n c r e t e R i p r a p a s s h o w n o n t h e d r a w i n g s an d d i r e c t e d b y t h e e n g in e e r , c o m p le t e p er s q ua r e y ar d . $1 4 . 0 0 $1 , 0 7 9 . 4 0 $1 0 . 7 8 $831.14 $20.15 $1,553.57 $11.65 $898.22 3. 0 3 40 L F Re m o v e a n d P r o p e r l y D i s p o s e o f C o n c r e t e C u r b a n d G u t t e r a s s h o w n o n t h e dr a w i n g s a n d d i r e c t e d b y t h e e n g in e e r , c o m p le t e p er l i n e a r f o o t . $5 . 0 0 $2 0 0 . 0 0 $6 . 0 7 $242.80 $25.00 $1,000.00 $9.00 $360.00 3. 0 4 32 S Y Re m o v e a n d P r o p e r l y D i s p o s e o f C o n c r e t e S i d e w a l k a n d R a m p s a s s h o w n o n th e d r a w i n g s a n d d i r e c t e d b y t h e e n g in e e r , c o m p le t e p er s q ua r e y ar d . $1 5 . 0 0 $4 8 0 . 0 0 $1 0 . 7 8 $344.96 $31.50 $1,008.00 $11.23 $359.36 3. 0 5 51 5 S Y Re m o v e a n d P r o p e r l y D i s p o s e o f A s p h a l t P a v e m e n t ( 2 ” - 6 ” ) a n d S t a b i l i z e d Ba s e a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e p e r sq u a r e y a r d . $7 . 0 0 $3 , 6 0 5 . 0 0 $4 . 0 4 $2,080.60 $8.75 $4,506.25 $13.30 $6,849.50 3. 0 6 2L F Re m o v e a n d P r o p e r l y D i s p o s e o f C o n c r e t e P i p e a s s h o w n o n t h e d r a w i n g s a n d di r e c t e d b y t h e e n g in e e r , c o m p le t e p er l i n e a r f o o t . $2 0 0 . 0 0 $4 0 0 . 0 0 $7 3 . 7 1 $147.42 $400.00 $800.00 $78.00 $156.00 3. 0 7 1E A Re m o v e a n d P r o p e r l y D i s p o s e o f C o n c r e t e P i p e a s s h o w n o n t h e d r a w i n g s a n d di r e c t e d b y t h e e n g in e e r , c o m p le t e p er l i n e a r f o o t . $1 , 4 0 0 . 0 0 $1 , 4 0 0 . 0 0 $8 7 1 . 8 4 $871.84 $1,500.00 $1,500.00 $850.00 $850.00 Ex e c u t e d 5 % B i d d e r ' s B o n d Ce r t i f i c a t i o n f r o m b i d p a c k a g e 9 9 Ac k n o w l e d g e d A d d e n d u m 1 1. 0 0 M O B I L I Z A T I O N 9 Knife River Brazos Paving, Inc. Du d l e y C o n s t r u c t i o n , L t d . 9 9 999 999 9 JC F B r i d g e & C o n c r e t e , I n c . Pa g e 1 o f 6 34 Ci t y o f C o l l e g e S t a t i o n - P u r c h a s i n g D e p a r t m e n t Bi d T a b u l a t i o n f o r # 0 9 - 0 7 "L o n g m i r e D r i v e a n d F M 2 8 1 8 I n t e r s e c t i o n I m p r o v e m e n t s " Op e n D a t e : W e d n e s d a y , O c t o b e r 2 2 , 2 0 0 8 @ 2 : 0 0 p . m . Knife River Brazos Paving, Inc. Du d l e y C o n s t r u c t i o n , L t d . JC F B r i d g e & C o n c r e t e , I n c . 3. 0 8 16 L F Re m o v e a n d P r o p e r l y D i s p o s e o f 3 0 ” D i a m e t e r C o n c r e t e D r i l l S h a f t Fo u n d a t i o n a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e pe r l i n e a r f o o t . $1 5 0 . 0 0 $2 , 4 0 0 . 0 0 $6 0 . 6 9 $971.04 $200.00 $3,200.00 $42.00 $672.00 3. 0 9 2E A Re l o c a t e T r a n s f o r m e r B a s e R o a d w a y I l l u m i n a t i o n A s s e m b l y a s s h o w n o n t h e dr a w i n g s a n d d i r e c t e d b y t h e e n g in e e r , c o m p le t e p er e a c h . $5 , 2 5 0 . 0 0 $1 0 , 5 0 0 . 0 0 $5 , 7 5 0 . 2 7 $11,500.54 $5,184.00 $10,368.00 $4,891.00 $9,782.00 3. 1 0 25 5 L F Fu r n i s h a n d I n s t a l l 2 ” d i a m e t e r P V C C o n d u i t a s s h o w n o n t h e d r a w i n g s a n d di r e c t e d b y t h e e n g in e e r , c o m p le t e p er l i n e a r f o o t . $8 . 7 5 $2 , 2 3 1 . 2 5 $1 0 . 1 2 $2,580.60 $9.10 $2,320.50 $9.19 $2,343.45 3. 1 1 51 0 L F Fu r n i s h a n d I n s t a l l N u m b e r 2 B a r e E l e c t r i c a l C o n d u c t o r a s s h o w n o n t h e dr a w i n g s a n d d i r e c t e d b y t h e e n g in e e r , c o m p le t e p er l i n e a r f o o t . $4 . 7 5 $2 , 4 2 2 . 5 0 $5 . 3 9 $2,748.90 $4.90 $2,499.00 $4.35 $2,218.50 3. 1 2 25 5 L F Fu r n i s h a n d I n s t a l l N u m b e r 8 B a r e E l e c t r i c a l C o n d u c t o r a s s h o w n o n t h e dr a w i n g s a n d d i r e c t e d b y t h e e n g in e e r , c o m p le t e p er l i n e a r f o o t . $2 . 8 5 $7 2 6 . 7 5 $2 . 9 9 $762.45 $2.70 $688.50 $2.17 $553.35 Su b t o t a l I t e m 3 . 0 $4 4 , 9 4 4 . 9 0 $ 2 9 , 3 7 1 . 6 4 $ 3 8 , 4 4 3 . 8 2 $ 2 7 , 4 7 2 . 3 8 4. 0 0 RO A D W A Y & E A R T H O R K 4. 0 1 10 8 L F Fu r n i s h a n d I n s t a l l P e d e s t r i a n R a i l a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y th e e n g in e e r , c o m p le t e i n p la c e p er l i n e a r f o o t . $1 7 5 . 0 0 $1 8 , 9 0 0 . 0 0 $1 5 0 . 9 4 $16,301.52 $135.00 $14,580.00 $166.00 $17,928.00 4. 0 2 16 S Y F ur n i s h a n d i ns t a ll 6” St ee l R e i n f or c e d C on c r e t e P av e m e n t f or D um p s t er P a d as s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r sq u a r e y a r d . $ 1 0 0 . 0 0 $1 , 6 0 0 . 0 0 $6 6 . 2 0 $1,059.20 $60.00 $960.00 $98.00 $1,568.00 4. 0 3 36 L F F ur n i s h a n d I ns t a ll 6’ O pa q u e W oo d B oa r d F en c e a s s h ow n o n t h e d ra w i ng s an d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 2 5 . 0 0 $9 0 0 . 0 0 $6 5 . 8 9 $2,372.04 $77.00 $2,772.00 $63.00 $2,268.00 4. 0 4 29 8 . 5 C Y R oa d wa y E xc a v a t i on a s s h ow n o n t h e d ra w i ng s a n d di re c t e d b y t h e e n g i ne e r , co m p l e t e p e r c u b i c y a r d . $ 1 7 . 0 0 $5 , 0 7 4 . 5 0 $2 1 . 2 7 $6,349.10 $13.75 $4,104.38 $23.71 $7,077.44 4. 0 5 82 1 . 4 C Y F ur n i s h a n d I ns t a ll T yp e C O r di na r y C om p a c ti on E m b an k me n t i nc l u di ng pl a c e m e n t , c o m p a c t i o n a n d g r a d i n g a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y th e e n g i n e e r , c o m p l e t e i n p l a c e p e r c u b i c y a r d . $ 2 2 . 0 0 $1 8 , 0 7 0 . 8 0 $2 0 . 4 1 $16,764.77 $19.50 $16,017.30 $19.84 $16,296.58 4. 0 6 10 3 S Y F ur n i s h a n d I ns t a ll 6” Li me T re a t e d S u b gr a d e i nc l u di ng p l ac e m e n t a n d g r a di ng as s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r sq u a r e y a r d . $ 2 5 . 0 0 $2 , 5 7 5 . 0 0 $1 7 . 9 7 $1,850.91 $33.25 $3,424.75 $26.59 $2,738.77 4. 0 7 84 S Y F ur n i s h a n d I ns t a ll 6” R e i n f or c e d C on c r e t e P av e m e n t i nc l u di ng p l ac e m e n t a n d fi n i s h i n g a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n pl a c e p e r s q u a r e y a r d . $ 6 0 . 0 0 $5 , 0 4 0 . 0 0 $4 2 . 3 1 $3,554.04 $41.00 $3,444.00 $101.00 $8,484.00 4. 0 8 43 S Y F ur n i s h a n d I ns t a ll 6” R e i n f or c e d C o l or e d C on c r e t e P av e m e n t i nc l u di ng pl a c e m e n t a n d f i n i s h i n g a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 7 0 . 0 0 $3 , 0 1 0 . 0 0 $5 6 . 1 2 $2,413.16 $52.00 $2,236.00 $112.00 $4,816.00 4. 0 9 12 0 . 4 L F F ur n i s h a n d I ns t a ll T yp e II C on c r e t e M on o C ur b a s s h ow n o n t h e d ra w i ng s a n d di r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 1 0 . 0 0 $1 , 2 0 4 . 0 0 $5 . 4 5 $656.18 $12.50 $1,505.00 $9.79 $1,178.72 4. 1 0 25 7 3 S Y F ur n i s h a n d I ns t a ll 6” T yp e E , G ra d e 4 Fl ex ib l e B as e C om p a c t e d i n Pl ac e a s sh o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r sq u a r e y a r d . $ 1 3 . 0 0 $3 3 , 4 4 9 . 0 0 $1 0 . 6 6 $27,428.18 $17.25 $44,384.25 $13.15 $33,834.95 4. 1 1 51 5 G A L F ur n i s h a n d I ns t a ll P r i me C oa t (M C -30 o r AE -P) a s p h a lt i nc l u di ng p l ac e m e n t at t h e r a t e o f 0 . 2 0 g a l p e r s q u a r e y a r d a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d by t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r g a l l o n . $ 1 0 . 5 0 $5 , 4 0 7 . 5 0 $1 1 . 9 8 $6,169.70 $7.50 $3,862.50 $6.88 $3,543.20 4. 1 2 92 7 G A L F ur n i s h a n d i ns t a ll a s p h a lt (A C -20 -5T R o r AC -12 -5T R ) f or o n e c o u r s e s u r f ac e tr e a t m e n t a t t h e r a t e o f 0 . 3 6 g a l l o n s p e r s q u a r e y a r d , a s s h o w n o n t h e d r a w i n g s an d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r g a l l o n . $ 1 6 . 0 0 $1 4 , 8 3 2 . 0 0 $1 8 . 4 6 $17,112.42 $6.20 $5,747.40 $5.62 $5,209.74 Pa g e 2 o f 6 35 Ci t y o f C o l l e g e S t a t i o n - P u r c h a s i n g D e p a r t m e n t Bi d T a b u l a t i o n f o r # 0 9 - 0 7 "L o n g m i r e D r i v e a n d F M 2 8 1 8 I n t e r s e c t i o n I m p r o v e m e n t s " Op e n D a t e : W e d n e s d a y , O c t o b e r 2 2 , 2 0 0 8 @ 2 : 0 0 p . m . Knife River Brazos Paving, Inc. Du d l e y C o n s t r u c t i o n , L t d . JC F B r i d g e & C o n c r e t e , I n c . 4. 1 3 21 C Y F ur n i s h a n d i ns t a ll a g g r e g a t e (T Y -PB GR -4 o r TY PL GR -4) ( S A C -A) f or o n e co u r s e s u r f a c e t r e a t m e n t a t t h e r a t e o f 1 c u b i c y a r d p e r 1 2 5 s q u a r e y a r d s , a s sh o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r cu b i c y a r d . $ 3 0 5 . 0 0 $6 , 4 0 5 . 0 0 $3 5 9 . 3 9 $7,547.19 $40.00 $840.00 $286.00 $6,006.00 4. 1 4 50 0 . 6 0 T O N F ur n i s h a n d I ns t a ll T yp e B , PG 6 4 -22 D en s e - G ra d e d H o t -Mi x A sp h a lt i nc l u di n g pl a c e m e n t a n d c o m p a c t i o n a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r t o n . $ 1 2 7 . 0 0 $6 3 , 5 7 6 . 2 0 $1 4 9 . 7 5 $74,964.85 $92.00 $46,055.20 $80.52 $40,308.31 4. 1 5 26 7 . 7 T O N F ur n i s h a n d I ns t a ll T yp e C , PG 6 4 -22 D en s e - G ra d e d H o t -Mi x A sp h a lt i nc l u di n g p la c e m e n t , c o m p a c t i o n a n d f i n i s h i n g a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y th e e n g i n e e r , c o m p l e t e i n p l a c e p e r t o n . $ 1 3 7 . 0 0 $3 6 , 6 7 4 . 9 0 $1 6 1 . 7 3 $43,295.12 $92.00 $24,628.40 $95.65 $25,605.51 4. 2 6 21 5 S Y Pl an e e x i s ti ng a s p h a lt i c c o n c r e t e p a v e m e n t (2 ” d ep th ) i nc l u di ng r e m o v a l a n d di s p o s a l o f p l a n e d m a t e r i a l a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 6 . 3 0 $1 , 3 5 4 . 5 0 $7 . 4 9 $1,610.35 $9.75 $2,096.25 $16.23 $3,489.45 4. 1 7 59 4 S Y F ur n i s h a n d I ns t a ll L an d sc a p e P av e r s f or I s l an d s a t th e I n t er s e c ti on o f FM 28 1 8 an d L o n g m i r e D r i v e i n c l u d i n g e m b a n k m e n t , b a s e , b e d d i n g s a n d , j o i n t - f i l l i n g sa n d , c o m p a c t i o n a n d p l a c e m e n t a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 5 8 . 0 0 $3 4 , 4 5 2 . 0 0 $6 5 . 8 9 $39,138.66 $83.50 $49,599.00 $73.74 $43,801.56 4. 1 8 63 4 L F F ur n i s h a n d I ns t a ll T yp e II C on c r e t e C ur b a n d G ut t e r a s s h ow n o n t h e d ra w i ng s an d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 1 3 . 0 0 $8 , 2 4 2 . 0 0 $2 1 . 5 6 $13,669.04 $18.70 $11,855.80 $19.27 $12,217.18 4. 1 9 51 S Y F ur n i s h a n d I ns t a ll R e i n f or c e d C on c r e t e D r i ve w a y i nc l u di ng s u b gr a d e, c u r b an d g u t t e r a n d c o n c r e t e p l a c e m e n t a n d f i n i s h i n g a s s h o w n o n t h e d r a w i n g s a n d di r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 6 1 . 0 0 $3 , 1 1 1 . 0 0 $5 3 . 9 1 $2,749.41 $51.00 $2,601.00 $75.00 $3,825.00 4. 2 0 16 S Y Fu r n i s h a n d I n s t a l l A s p h a l t i c C o n c r e t e D r i v e w a y i n c l u d i n g s u b g r a d e , b a s e , cu r b a n d g u t t e r a n d a s p h a l t i c c o n c r e t e p l a c e m e n t a n d c o m p a c t i o n a s s h o w n o n th e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 5 5 . 0 0 $8 8 0 . 0 0 $7 2 . 6 7 $1,162.72 $62.00 $992.00 $82.00 $1,312.00 4. 2 1 1E A F ur n i s h a n d I ns t a ll 4’ A m b u l at o r y R am p a t D r i ve w a y a s s h ow n o n t h e dr a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 , 0 0 0 . 0 0 $1 , 0 0 0 . 0 0 $1 9 1 . 6 8 $191.68 $600.00 $600.00 $1,885.00 $1,885.00 4. 2 2 2E A F ur n i s h a n d I ns t a ll T yp e 1 C ur b R am p a s s h ow n o n t h e d ra w i ng s a n d di re c t e d by t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 , 0 0 0 . 0 0 $2 , 0 0 0 . 0 0 $4 1 9 . 2 9 $838.58 $450.00 $900.00 $1,885.00 $3,770.00 4. 2 3 1E A F ur n i s h a n d I ns t a ll T yp e 3 C ur b R am p a s s h ow n o n t h e d ra w i ng s a n d di re c t e d by t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 , 0 0 0 . 0 0 $1 , 0 0 0 . 0 0 $4 7 9 . 1 9 $479.19 $600.00 $600.00 $1,885.00 $1,885.00 4. 2 4 4E A F ur n i s h a n d I ns t a ll T yp e 7 C ur b R am p a s s h ow n o n t h e d ra w i ng s a n d di re c t e d by t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 , 0 0 0 . 0 0 $4 , 0 0 0 . 0 0 $1 1 9 . 8 0 $479.20 $525.00 $2,100.00 $1,885.00 $7,540.00 4. 2 5 12 0 S Y F ur n i s h a n d I ns t a ll 4" Si d ew a lk i nc l u di ng a ll e m b e d me n t , fi n i s hi ng , s u r f ac e te x t u r e a n d j o i n t s a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , co m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 9 5 . 0 0 $1 1 , 4 0 0 . 0 0 $3 0 . 7 3 $3,687.60 $45.00 $5,400.00 $72.00 $8,640.00 4. 2 6 38 0 L F Fu r n i s h a n d I n s t a l l 2 ’ W i d e R a i s e d C o n c r e t e M e d i a n i n c l u d i n g r e m o v a l a n d di s p o s a l o f e x i s t i n g m a t e r i a l , r e i n f o r c e m e n t , p l a c e m e n t a n d f i n i s h i n g a s s h o w n on t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 4 0 . 0 0 $1 5 , 2 0 0 . 0 0 $3 3 . 5 4 $12,745.20 $45.00 $17,100.00 $37.61 $14,291.80 4. 2 7 15 C Y F ur n i s h a n d I ns t a ll Cl as s C C on c r e t e R e t a i n i ng W a ll i nc l u di ng r e i n f or c e m e n t fo r b i k e w a y , a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e in p l a c e p e r c u b i c y a r d . $ 4 5 0 . 0 0 $6 , 7 5 0 . 0 0 $1 , 2 8 2 . 7 0 $19,240.50 $1,200.00 $18,000.00 $1,145.00 $17,175.00 Pa g e 3 o f 6 36 Ci t y o f C o l l e g e S t a t i o n - P u r c h a s i n g D e p a r t m e n t Bi d T a b u l a t i o n f o r # 0 9 - 0 7 "L o n g m i r e D r i v e a n d F M 2 8 1 8 I n t e r s e c t i o n I m p r o v e m e n t s " Op e n D a t e : W e d n e s d a y , O c t o b e r 2 2 , 2 0 0 8 @ 2 : 0 0 p . m . Knife River Brazos Paving, Inc. Du d l e y C o n s t r u c t i o n , L t d . JC F B r i d g e & C o n c r e t e , I n c . 4. 2 8 12 C Y F ur n i s h a n d I ns t a ll Cl as s S C on c r e t e Sl a b i nc l u di ng r e i n f or c e m e n t f or t op s l a b of b i k e w a y r e t a i n i n g w a l l , a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r c u b i c y a r d . $ 3 7 5 . 0 0 $4 , 5 0 0 . 0 0 $4 7 9 . 2 9 $5,751.48 $750.00 $9,000.00 $917.00 $11,004.00 Su b t o t a l I t e m 4 . 0 0 $3 1 0 , 6 0 8 . 4 0 $ 3 2 9 , 5 8 1 . 9 9 $ 2 9 5 , 4 0 5 . 2 3 $ 3 0 7 , 6 9 9 . 1 9 5. 0 0 ER O S I O N C O N T R O L 5. 0 1 10 5 S Y F ur n i s h a n d I ns t a ll 4” T op s o il i nc l u di ng p l ac e m e n t a n d g r a di ng a s di re c t e d b y th e e n g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 1 2 . 0 0 $1 , 2 6 0 . 0 0 $5 . 9 9 $628.95 $24.00 $2,520.00 $8.30 $871.50 5. 0 2 10 5 S Y F ur n i s h a n d I ns t a ll Bl oc k S o dd i ng i nc l u di ng g r o u n d p r e p a r a t i on , p l an t i ng a n d ra k i n g a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 3 . 1 5 $3 3 0 . 7 5 $4 . 1 9 $439.95 $4.50 $472.50 $3.80 $399.00 5. 0 3 39 0 0 S Y F ur n i s h a n d I ns t a ll C e ll Fi b er M u l c h S ee di ng (pe r m a n e n t s e e di ng f or u r b an cl a y a r e a s ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 0 . 2 1 $8 1 9 . 0 0 $0 . 3 8 $1,482.00 $0.50 $1,950.00 $0.35 $1,365.00 5. 0 4 0. 0 2 A C F ur n i s h a n d I ns t a ll V eg e t a t i ve F er t il i ze r a s di re c t e d b y t h e e n g i ne e r , c o m p l et e in p l a c e p e r a c r e . $ 5 , 0 0 0 . 0 0 $1 0 0 . 0 0 $1 , 4 3 7 . 5 7 $28.75 $75,000.00 $1,500.00 $1,305.00 $26.10 5. 0 5 10 2 M G F ur n i s h a n d I ns t a ll V eg e t a t i ve W at e r i ng a s di re c t e d b y t h e e n g i ne e r , c o m p l et e in p l a c e p e r t h o u s a n d g a l l o n s $ 3 5 . 0 0 $3 , 5 7 0 . 0 0 $1 4 . 3 7 $1,465.74 $25.00 $2,550.00 $21.00 $2,142.00 5. 0 6 8E A F ur n i s h a n d I ns t a ll H ay B a l e B ar r i er s a s di re c t e d b y t h e e n g i ne e r c o m p l et e i n pl a c e p e r e a c h . $ 4 5 . 0 0 $3 6 0 . 0 0 $8 9 . 8 5 $718.80 $25.00 $200.00 $82.00 $656.00 5. 0 7 16 7 0 L F F ur n i s h a n d I ns t a ll T em p o r a r y S e di me n t C on t r o l F en c e a s di re c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 2 . 2 0 $3 , 6 7 4 . 0 0 $3 . 4 1 $5,694.70 $3.00 $5,010.00 $3.10 $5,177.00 5. 0 8 7E A F ur n i s h a n d I ns t a ll 5 G a ll on N an di na C om p a c t a “H ea v e n l y B am b oo ” Sh ru b s a s di r e c t e d b y t h e e n g i n e e r c o m p l e t e i n p l a c e p e r e a c h . $ 4 5 . 0 0 $3 1 5 . 0 0 $3 3 . 5 4 $234.78 $800.00 $5,600.00 $30.00 $210.00 Su b t o t a l I t e m 5 . 0 $1 0 , 4 2 8 . 7 5 $ 1 0 , 6 9 3 . 6 7 $ 1 9 , 8 0 2 . 5 0 $ 1 0 , 8 4 6 . 6 0 6. 0 0 PA V E M E N T M A R K I N G S 6. 0 1 18 6 E A F ur n i s h a n d I ns t a ll R e fl ec t i ve P av e m e n t M ar k er T yp e I -C a s di re c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 4 . 8 8 $9 0 7 . 6 8 $7 . 1 9 $1,337.34 $6.50 $1,209.00 $4.62 $859.32 6. 0 2 12 E A F ur n i s h a n d I ns t a ll R e fl ec t i ve P av e m e n t M ar ki ng T yp e II -AA a s di re c t e d b y t he en g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 4 . 8 8 $5 8 . 5 6 $9 . 5 8 $114.96 $8.65 $103.80 $4.62 $55.44 6. 0 3 18 E A F ur n i s h a n d I ns t a ll S ma ll Si gn A ss e m bl y a s di re c t e d b y t h e e n g i ne e r , c o m p l et e in p l a c e p e r e a c h . $ 4 4 5 . 0 0 $8 , 0 1 0 . 0 0 $5 5 1 . 0 7 $9,919.26 $497.00 $8,946.00 $430.00 $7,740.00 6. 0 4 13 6 3 L F F ur n i s h a n d I ns t a ll T yp e I , 4” S o li d Wh i te R e fl ec t i ve P av e m e n t M ar ki ng (1 0 0 MI L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 0 . 4 5 $6 1 3 . 3 5 $0 . 6 0 $817.80 $0.55 $749.65 $0.43 $586.09 6. 0 5 96 L F Fu r n i s h a n d I n s t a l l T y p e I , 8 ” W h i t e R e f l e c t i v e L a n e D r o p P a v e m e n t M a r k i n g (1 0 0 M I L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 1 . 1 0 $1 0 5 . 6 0 $1 . 2 0 $115.20 $1.10 $105.60 $1.09 $104.64 6. 0 6 54 9 3 L F F ur n i s h a n d I ns t a ll T yp e I , 8” S o li d Wh i te R e fl ec t i ve P av e m e n t M ar ki ng (9 0 MI L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 0 . 7 5 $4 , 1 1 9 . 7 5 $1 . 1 4 $6,262.02 $1.00 $5,493.00 $0.65 $3,570.45 6. 0 7 32 6 L F F ur n i s h a n d I ns t a ll T yp e I , 12 ” S o li d Wh i te R e fl ec t i ve P av e m e n t M ar ki ng (1 0 0 MI L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 3 . 3 5 $1 , 0 9 2 . 1 0 $8 . 3 9 $2,735.14 $7.55 $2,461.30 $3.37 $1,098.62 6. 0 8 16 9 . 9 L F F ur n i s h a n d I ns t a ll T yp e I , 24 ” S o li d Wh i te R e fl ec t i ve P av e m e n t M ar ki ng (9 0 MI L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 6 . 1 4 $1 , 0 4 3 . 1 9 $1 0 . 7 8 $1,831.52 $9.75 $1,656.53 $6.41 $1,089.06 6. 0 9 14 E A F ur n i s h a n d I ns t a ll T yp e I Wh i te R e fl ec t i ve A rr o w P av e m e n t M ar ki ng (1 0 0 MI L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 4 1 . 0 0 $1 , 9 7 4 . 0 0 $1 0 7 . 8 2 $1,509.48 $97.20 $1,360.80 $136.00 $1,904.00 6. 1 0 23 E A F ur n i s h a n d I ns t a ll T yp e I Wh i te R e fl ec t i ve Bi k e A rr o w P av e m e n t M ar ki ng (1 0 0 M I L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 1 3 . 0 0 $2 , 5 9 9 . 0 0 $7 1 . 8 8 $1,653.24 $65.00 $1,495.00 $109.00 $2,507.00 Pa g e 4 o f 6 37 Ci t y o f C o l l e g e S t a t i o n - P u r c h a s i n g D e p a r t m e n t Bi d T a b u l a t i o n f o r # 0 9 - 0 7 "L o n g m i r e D r i v e a n d F M 2 8 1 8 I n t e r s e c t i o n I m p r o v e m e n t s " Op e n D a t e : W e d n e s d a y , O c t o b e r 2 2 , 2 0 0 8 @ 2 : 0 0 p . m . Knife River Brazos Paving, Inc. Du d l e y C o n s t r u c t i o n , L t d . JC F B r i d g e & C o n c r e t e , I n c . 6. 1 1 6E A F ur n i s h a n d I ns t a ll T yp e I Wh i te R e fl ec t i ve W or d P av e m e n t M ar ki ng (1 0 0 MI L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 5 2 . 0 0 $9 1 2 . 0 0 $1 7 1 . 7 0 $1,030.20 $162.00 $972.00 $147.00 $882.00 6. 1 2 40 0 L F F ur n i s h a n d I ns t a ll T yp e I , 4” B ro k en Y e ll ow R e fl ec t i ve P av e m e n t M ar ki ng (9 0 M I L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 0 . 4 5 $1 8 0 . 0 0 $0 . 6 0 $240.00 $0.55 $220.00 $0.43 $172.00 6. 1 3 25 4 7 L F F ur n i s h a n d I ns t a ll T yp e I , 4” S o li d Y e ll ow R e fl ec t i ve P av e m e n t M ar ki ng (9 0 MI L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 0 . 4 5 $1 , 1 4 6 . 1 5 $0 . 6 0 $1,528.20 $0.55 $1,400.85 $0.43 $1,095.21 6. 1 4 30 0 L F F ur n i s h a n d I ns t a ll 8” T yp e I Wh i te R e fl ec t i ve D ot P av e m e n t M ar ki ng a s di r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 1 . 1 3 $3 3 9 . 0 0 $1 . 3 2 $396.00 $1.20 $360.00 $1.09 $327.00 6. 1 5 23 E A F ur n i s h a n d I ns t a ll T yp e II Wh i te R e fl ec t i ve Bi k e S ym b o l P av e m e n t M ar ki n g as d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 3 0 . 0 0 $2 , 9 9 0 . 0 0 $7 1 . 8 8 $1,653.24 $65.00 $1,495.00 $125.00 $2,875.00 6. 1 6 2E A F ur n i s h a n d I ns t a ll T yp e I Wh i te R e fl ec t i ve D ou bl e A rr o w P av e m e n t M ar ki ng (1 0 0 M I L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $ 1 6 9 . 5 0 $3 3 9 . 0 0 $1 0 7 . 8 2 $215.64 $97.20 $194.40 $163.00 $326.00 6. 1 7 11 8 0 L F F ur n i s h a n d I ns t a ll T yp e I , 4” B ro k en Y e ll ow R e fl ec t i ve P av e m e n t M ar ki ng (1 0 0 M I L ) a s d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $ 0 . 4 5 $5 3 1 . 0 0 $0 . 6 0 $708.00 $0.55 $649.00 $0.43 $507.40 Su b t o t a l I t e m 4 . 0 0 $2 6 , 9 6 0 . 3 8 $ 3 2 , 0 6 7 . 2 4 $ 2 8 , 8 7 1 . 9 3 $ 2 5 , 6 9 9 . 2 3 7. 0 0 TR A F F I C C O N T R O L 7. 0 1 2M O P ro v id e T ra ff i c C on t r o l i nc l u di ng l a b or a n d m a t e r i a l s a s di re c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r m o n t h $ 2 , 1 3 5 . 0 0 $4 , 2 7 0 . 0 0 $2 , 1 6 5 . 3 4 $4,330.68 $1,595.00 $3,190.00 $4,200.00 $8,400.00 Su b t o t a l I t e m 7 . 0 $4 , 2 7 0 . 0 0 $ 4 , 3 3 0 . 6 8 $ 3 , 1 9 0 . 0 0 $ 8 , 4 0 0 . 0 0 8. 0 0 ST O R M S E W E R 8. 0 1 1E A Fu r n i s h a n d I n s t a l l 6 ” W i d e T r e n c h D r a i n w i t h D u c t i l e I r o n G r a t e , V a n d a l - Pr o o f s c r e w s , 4 ” m i n i m u m d i a m e t e r d o w n s p o u t a n d a m i n i m u m o f 2 2 4 s q u a r e in c h e s o p e n a r e a ( u s e J o s a m 7 6 0 0 0 S e r i e s T r e n c h D r a i n o r e n g i n e e r a p p r o v e d eq u a l ) a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n pl a c e p e r e a c h $2 , 0 0 0 . 0 0 $2 , 0 0 0 . 0 0 $1 , 8 7 4 . 8 3 $1,874.83 $5,807.00 $5,807.00 $1,890.00 $1,890.00 8. 0 2 32 L F Fu r n i s h a n d I n s t a l l C l a s s I I I 2 4 ” R C P i n c l u d i n g a l l j o i n t s , e x c a v a t i o n , em b e d m e n t a n d b a c k f i l l a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r l i n e a r f o o t . $9 0 . 0 0 $2 , 8 8 0 . 0 0 $7 4 . 2 7 $2,376.64 $110.00 $3,520.00 $55.80 $1,785.60 8. 0 3 4. 3 0 C Y Fu r n i s h a n d I n s t a l l 5 ” R e i n f o r c e d C o n c r e t e R i p R a p a s s h o w n o n t h e d r a w i n g s an d d i r e c t e d b y t h e e n g in e e r , c o m p le t e i n p la c e p er c u b i c y ar d . $3 5 0 . 0 0 $1 , 5 0 5 . 0 0 $3 8 7 . 3 5 $1,665.61 $330.00 $1,419.00 $858.00 $3,689.40 8. 0 4 2E A Fu r n i s h a n d I n s t a l l T y p e C - 1 C u r b I n l e t ( 5 l i n e a r f e e t t o t a l c u r b o p e n i n g ) in c l u d i n g a l l e x c a v a t i o n , e m b e d m e n t , g r o u t i n g , a n d m a t e r i a l s a s s h o w n o n t h e dr a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $1 , 6 0 0 . 0 0 $3 , 2 0 0 . 0 0 $3 , 2 9 4 . 4 3 $6,588.86 $2,000.00 $4,000.00 $3,808.00 $7,616.00 8. 0 5 4E A Fu r n i s h a n d I n s t a l l T y p e I I 2 4 ” R C P S a f e t y E n d T r e a t m e n t f o r P a r a l l e l Dr a i n a g e a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n pl a c e p e r e a c h . $3 5 0 . 0 0 $1 , 4 0 0 . 0 0 $2 , 3 3 6 . 0 5 $9,344.20 $1,875.00 $7,500.00 $740.00 $2,960.00 8. 0 6 2E A Fu r n i s h a n d I n s t a l l S i g n a l P o l e D r a i n , i n c l u d i n g 4 ” P V C o u t l e t p i p e , a s s h o w n on t h e d r a w i n g s a n d d i r e c t e d b y t h e e n g i n e e r , c o m p l e t e i n p l a c e p e r e a c h . $1 , 3 0 0 . 0 0 $2 , 6 0 0 . 0 0 $1 , 3 0 2 . 8 0 $2,605.60 $1,850.00 $3,700.00 $507.00 $1,014.00 Su b t o t a l I t e m 8 . 0 $1 3 , 5 8 5 . 0 0 $ 2 4 , 4 5 5 . 7 4 $ 2 5 , 9 4 6 . 0 0 $ 1 8 , 9 5 5 . 0 0 BA S E B I D $6 1 9 , 2 0 7 . 4 3 $ 6 3 6 , 4 3 8 . 5 1 $ 6 4 0 , 5 0 1 . 4 7 $ 6 5 3 , 4 0 9 . 2 0 Pa g e 5 o f 6 38 Ci t y o f C o l l e g e S t a t i o n - P u r c h a s i n g D e p a r t m e n t Bi d T a b u l a t i o n f o r # 0 9 - 0 7 "L o n g m i r e D r i v e a n d F M 2 8 1 8 I n t e r s e c t i o n I m p r o v e m e n t s " Op e n D a t e : W e d n e s d a y , O c t o b e r 2 2 , 2 0 0 8 @ 2 : 0 0 p . m . Knife River Brazos Paving, Inc. Du d l e y C o n s t r u c t i o n , L t d . JC F B r i d g e & C o n c r e t e , I n c . CA - 1 4E A Re l o c a t e H V A C C o m p r e s s o r $5 0 0 . 0 0 $2 , 0 0 0 . 0 0 $5 0 0 . 0 0 $2,000.00 $500.00 $2,000.00 $500.00 $2,000.00 A- 1 78 . 1 T O N F ur n i s h a n d I ns t a ll T yp e C , PG 6 4 -22 D en s e - G ra d e d H o t -Mi x A sp h a lt i nc l u di n g p la c e m e n t , c o m p a c t i o n a n d f i n i s h i n g a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y th e e n g i n e e r , c o m p l e t e i n p l a c e p e r t o n . $ 1 4 0 . 0 0 $1 0 , 9 3 4 . 0 0 $1 6 1 . 7 3 $12,631.11 $92.00 $7,185.20 $110.00 $8,591.00 A- 2 71 0 S Y Pl an e e x i s ti ng a s p h a lt i c c o n c r e t e p a v e m e n t (2 ” d ep th ) i nc l u di ng r e m o v a l a n d di s p o s a l o f p l a n e d m a t e r i a l a s s h o w n o n t h e d r a w i n g s a n d d i r e c t e d b y t h e en g i n e e r , c o m p l e t e i n p l a c e p e r s q u a r e y a r d . $ 6 . 0 0 $4 , 2 6 0 . 0 0 $6 . 5 9 $4,678.90 $9.75 $6,922.50 $6.00 $4,260.00 Su b t o t a l A l t e r n a t e N o . 1 $1 5 , 1 9 4 . 0 0 $ 1 7 , 3 1 0 . 0 1 $ 1 4 , 1 0 7 . 7 0 $ 1 2 , 8 5 1 . 0 0 »B i d d e r m i s c a l c u l a t e d B i d I t e m # 5 . 0 5 a s $ 3 , 6 7 5 . 0 0 , S u b t o t a l a s $ 1 0 , 3 8 9 . 7 5 9 , a n d t h e T o t a l B a s e B i d a s $ 6 1 9 , 3 1 2 . 4 3 . T h e h i g h l i gh t e d t o t a l s a b o v e a r e c o r r e c t . No t e s - D u d l e y C o n s t r u c t i o n , L t d . »B i d d e r m i s c a l c u l a t e d B i d I t e m # 6 . 1 2 a s $ 1 , 5 2 8 . 2 0 , S u b t o t a l # 6 . 0 0 a s $ 3 2 , 1 1 5 . 2 4 , a n d t h e T o t a l B a s e B i d a s $ 6 3 6 , 4 8 6 . 5 1 T h e h i gh l i g h t e d t o t a l s a b o v e a r e c o r r e c t No t e s - J C G B r i d g e & C o n c r e t e , I n c . AL T E R N A T E B I D I T E M S T A B L E - A l t e r n a t e N o . 1 - M i l l a n d R e s u r f a c e L o n g m i r e D r i v e CA S H A L L O W A N C E T A B L E Pa g e 6 o f 6 39 T e x a s A v e S H a r v e y M i t c h e l l P k w y S S o u t h w o o d D r L o n g m i r e D r B r o t h ers B lv d B r o t h e r s B l v d N A i r l i n e D r A u s t i n A v e V a l l e y V i e w D r H a w k T r e e D r H i l l s i d e D r M o r g a n s L n L a n g f o r d S t T o d d T r l B e e C r e e k D r A n g e l i n a C i r A n d e r s o n S t L o n g m i r e D r A n g e l i n a C t H i l l t o p D r T e x a s -f r o n t a g e A v e S S u m m i t S t A u g u s t i n e C t R a y b u r n C t L o n g m i r e C t S a n d y C i rBrittain C t 1 i n c h e q u a l s 5 0 0 f e e t 20 0 5 B i k e L o o p P h a s e I - - Lo n g m i r e I m p r o v e m e n t s 40 NEW COVERSHEET FORMAT EXAMPLE 1 December 11, 2008 Consent Agenda Item No. 2d Renewal of Electric Annual Construction Contract To: Glen Brown, City Manager From: David Massey, Director of College Station Electric Utilities Department Agenda Caption: Presentation, possible action and discussion on the Renewal of Electric Annual Construction Contract with H&B Construction for $1,070,893.65; and a resolution declaring intention to reimburse certain expenditures with proceeds from debt. (Bid #07-19, Contract #07-046) Recommendation(s): Staff recommends renewal of the Annual Construction Contract with H&B Construction in the amount of $1,070,893.65; and approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: This contract was approved by Council in December of 2006 and renewed January 2008 for supplemental labor and equipment to construct the required electric distribution line extensions and conversion and provide necessary maintenance of the City’s electric distribution system for a 12 month period. This is the second renewal and final year of this contract. Budget & Financial Summary: The original amount of contract was for $1,019,898.71. The first renewal in January of 2008 included a 5% increase of the contract amount to $1,070,893.65 for increased fuel cost and operating expenses. The current contract allowed for the increase in the contract amount of 5% by mutual agreement of both parties. This second renewal will be for the current contract amount of $1,070,893.65. Funds are budgeted for electric capital system improvements and conversion in College Station Electric Utility Capital Improvement Projects Fund. 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 and next fiscal year. Attachments: 1. Renewal Acceptance Letter 2. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt 41 .............................................................................. RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid #07-19 (Contract #07-046), for annual electrical distribution labor in accordance with all terms and conditions previously agreed to and accepted. I understand this renewal term will be for a one year period beginning January 24th, 2009 through January 23'*, 20 10 for the total amount of the contract, $1,070,893.65 (One Million Seventy Thousand Eight Hundred Ninety Three and 65/100 Dollars). This amount reflects the 5% increase agreed upon by H & B Construction and the City for Renewal #I. m H & B CONSTRUCTION AUTHORIZED REPRESENTATIVE CITY OF COLLEGE STATION Mayor ATTEST: Connie Hooks, City Secretary APPROVED: City Manager w City Attorn y Chief Financial Officer /o/w/-/ ' DATE DATE DATE DATE DATE DATE 42 STATE OFK~ [/I/!LJ CORPORATE ACKNOWLEDGMENT COUNTY OF r)/d bJ - -, .ti.. This instrument was acknow1edged on the J,[) day of g'?.;bdd'~/ ,200d: by ~l/hiLL&d &~?&w.)L in hidher capacity as ~LU.LIW YLLL&- of )deb h&b~ilv , a L Corporation, on behalf of said corporation. hIOT&RY PUBLIC Stnre of Texas STATE OF TEXAS COUNTY OF BRAZOS N&ary Public in and for the ACKNOWLEDGMENT This instrument was acknowledged on the day of ,200 , by , in his capacity as Mayor of the City of College Station, a Texas home-rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas 43 44 45 46 December 11, 2008 Consent Agenda Item No. 2e Budget Approval and Funding Agreement with the George Bush Presidential Library Foundation To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, discussion and possible action on approving the budget of the George Bush Presidential Library Foundation; and presentation, discussion and possible action on a funding agreement between the City of College Station and the George Bush Presidential Library Foundation for FY09 in the amount of $100,000. Recommendation(s): Staff recommends approval of the George Bush Presidential Library Foundation budget and the funding agreement for FY09. Summary: As part of the 2008-2009 budget process the City Council approved funding for the George Bush Presidential Library Foundation in the amount of $100,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2008-2009 Hotel Tax Fund Budget. A total of $100,000 is to be used for marketing and operational activities directly associated with the promotion of tourism and the hotel industry in College Station. State law requires that the City Council approve the budget of any organization that is to be funded through the Hotel Tax. Attachments: 1 George Bush Presidential Library Foundation budget 2 George Bush Presidential Library Foundation Funding Agreement 47 MARKETING AND PUBLIC RELATIONS Radio Advertising (KAMU) 3 spots per day @ $5.00/ea. (General Museum info when not advertising exhibits)5,475.00$ Professional Associations (Dues) Presidential Corridor Association Texas Travel Industry Association B/CS Chamber of Commerce Texas Bluebonnet Travel Council East Texas Tourism Association International Association of Business Communicators Brenham Chamber of Commerce 3,445.00$ Wine Magazine Advertising 15,000.00$ Eagle Advertising Program (Print)9,000.00$ Graphic Design Services 2,000.00$ Suddenlink (Cable)3,500.00$ Supplies (Postage, toner etc…)5,500.00$ Travel and Tourism Trade Shows 9,680.00$ Trade Show and Promotional Items 6,500.00$ Clear Channel Radio 4,000.00$ KBTX Advertising (TV)11,400.00$ KMAY Advertising (TV)4,500.00$ WTAW Advertising (Radio and Print)4,500.00$ TOTAL MARKETING BUDGET 84,500.00$ GRANT FUNDING Wine Exhibit Brochure Design and Printing (150,000) 9,500.00$ Special Events 10,000.00$ Print Advertising (Spouthern Living, AAA Journeys etc…) 59,000.00$ TTIA File Folder Program 500.00$ Certified Folder Program (Cooperative Effort with CVB and Messina 6,000.00$ Houston Chronicle Advertising Wrap 15,000.00$ TOTAL GRANT FUNDED PROGRAMS 100,000.00$ Attachment A-3 48 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 1 FUNDING AGREEMENT PROVIDING FOR THE PAYMENTAND USE OF HOTEL TAX REVENUE BETWEEN THE CITY OF COLLEGE STATION AND THE GEORGE BUSH PRESIDENTIAL LIBRARY FOUNDATION FOR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 THIS AGREEMENT is made between the CITY OF COLLEGE STATION, a Home Rule Municipal Corporation incorporated under the State of Texas (hereinafter referred to as the “City”), and The George Bush Presidential Library Foundation, d.b.a Bush Presidential Library Foundation, a Texas Non-Profit Corporation (hereinafter referred to as the “Agency”): WHEREAS, Texas Tax Code §351.002 and §351.003(a) authorize City to levy by ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of College Station of seven percent (7%); and WHEREAS, Texas. Tax Code §351.101(a) authorizes City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry, yet limits such revenue use for historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; and WHEREAS, Agency is well equipped to perform those activities; and WHEREAS, Texas Tax Code §351.101(c) authorizes City to delegate by contract with Agency; as an independent entity, the management or supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree and contract as follows: ARTICLE I DEFINITIONS 1.1 The term “Agency” shall mean The George Bush Presidential Library Foundation, a Texas Non-Profit Corporation to which the City has delegated the management or supervision of programs and activities funded with Hotel Tax Revenue. 1.2 The term “City” shall mean the City of College Station, in the County of Brazos, and the State of Texas. 1.3 The term “Contract Quarter” shall refer to any quarter of the contract year in which this Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and September 30th, of each contract year. 49 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 2 1.4 The term “Event” shall include any and all banquets, ceremonial dinners, promotional programs, or other public or private event hosted by Agency. 1.5 The term “Financial Activity Report” shall mean a quarterly report which includes a summary of Agency’s revenues and expenditures, and a summary of Agency’s assets and liabilities to be submitted to the City on the sample forms attached herein as Exhibit A or in a form agreed upon by Agency and City. 1.6 The term “Financial Records” shall mean invoices, receipts, bank statements, reconciliations, cleared checks, financial statements and audit reports. 1.7 The term “Hotel Tax Revenue” shall mean the gross monies collected and received by City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code §351.003 (a) and City Ordinances. Hotel Tax Revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. 1.8 The term “Narrative Summary of Activity Report” shall mean the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.9 The term “Performance Measure Report” shall mean the quarterly report to determine the levels of service that are being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. 1.10 The term “Program Report” shall mean a report as required by Texas Tax Code §351.108 listing each of the Agency’s scheduled activity, program, or event that: is directly funded with Hotel Tax Revenue or has its administrative costs funded in whole or in part by the Hotel Tax Revenue and is directly enhancing and promoting tourism and the convention and hotel industry. Such report shall be submitted on the form attached herein as Exhibit D. ARTICLE II. HOTEL TAX REVENUE PAYMENT 2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel Tax Revenue collected by City in the total amount of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00), to be paid as follows: (a) The total amount of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) from the City’s Hotel Tax Revenue. Payment will be made in four (4) installments of $25,000.00 each. 2.2 Quarterly payments will be dependent upon the City receiving all reports required herein from the Agency. Quarterly reports are due no later than thirty (30) days after the end of each 50 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 3 Contract Quarter (no later than January 30th, April 30th, July 30th, October 30th, of each contract year.) 2.3 Other limitations regarding consideration. (a) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of City. (b) City may withhold allocations if City determines that expenditures of Agency deviate materially from their approved budget or if the reports required herein are not submitted in a complete and timely manner. ARTICLE III USE OF HOTEL TAX REVENUE 3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed payments of Hotel Tax Revenue specified above, Agency agrees to manage or supervise the programs and activities funded with Hotel Tax Revenue. Agency further agrees to use such Hotel Tax Revenue for historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (a) At or in the immediate vicinity of convention center facilities or visitor information centers; or (b) Located elsewhere in the City of College Station or its vicinity that would be frequented by tourists and convention delegates. (c) The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City to promote tourism and the convention and hotel industry at no additional cost to the City. 3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be spent for Agency’s day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promoting of: tourism and the convention and hotel industry and the historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (a) At or in the immediate vicinity of convention center facilities or visitor information centers; or (b) Located elsewhere in the City of College Station or its vicinity that would be frequented by tourists and convention delegates. 51 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 4 3.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of Agency for which Hotel Tax Revenue may be used shall not exceed that portion of Agency’s administrative costs actually incurred in conducting the activities specified in §3.1 above. (b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person’s job in an efficient and professional manner. ARTICLE IV RECORDKEEPING AND REPORTING REQUIREMENTS 4.1 Budget. (a) Prior to execution of this Funding Agreement, Agency shall submit to the City Manager of City an annual budget to be approved by the City Council for each fiscal year, for such operations of Agency funded by Hotel Tax Revenues. This budget shall specifically identify proposed expenditures of Hotel Tax Revenue by Agency. In other words, City should be able to audit specifically the purpose of each individual expenditure of Hotel Tax Revenue from the separate account relating to Hotel Tax Revenue. City shall not pay to Agency any Hotel Tax Revenues as set forth in Article II of this Agreement during any program year of this Agreement unless a budget for such respective program year has been approved in writing by the College Station City Council. Approval of the budget by the City Council shall not preclude the Agency from reasonably reallocating funds within the budget among line items to meet changing conditions. Such reallocation shall not necessitate a new approval by the City Council. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 6.2 of this agreement. (b) Agency acknowledges that the approval of such budget by the College Station City Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by City to Agency under this Agreement. Agency shall expend Hotel Tax Revenue only in the manner and for the purposes specified in this Agreement, Texas Tax Code §351.101(a), and in the budget as approved by City. 4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a separate account, or with segregated fund accounting, such that any reasonable person can ascertain the revenue source of any given expenditure. 4.3 Financial Records. Agency shall maintain a complete and accurate financial record of each expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted funds for audited financial purposes. 52 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 5 4.4 Agency shall maintain such records, accounts, reports, files or other documents for a minimum of five (5) years after the expiration of this agreement. City’s right to access Agency’s files shall continue during this five (5) year period and for as long as the records are retained by Agency. 4.5 Upon written request of the College Station City Council, or other person, Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Texas Government Code, §552, as hereafter amended. 4.6 Program Report. Agency understands that such report shall be completed in its entirety and the original report shall be submitted to the City prior to any funds being disbursed. 4.7 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (1) Financial Activity Report. (2) Narrative Summary of Activity Report. (3) Performance Measure Report. 4.8 Agency shall respond promptly to any request from the City Manager of City, or designee, for additional information relating to the activities performed under this Agreement. 4.9 The Financial Activity Report, Narrative Summary of Activity Report and Performance Measure Report shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year.) 4.10 A copy of the Agency’s annual financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.11 If requested, Agency shall make an annual report and presentation to the City Council. 4.12 The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. 53 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 6 ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Agency shall provide the City with an agenda of all regular and non-regular Board meetings five (5) days prior to the meeting with information as to the date, time and place of meeting. If a non-regular meeting is scheduled, Agency shall immediately notify the City of non-regular meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. 5.2 Agency shall submit minutes of each Board of Directors meeting and Executive Committee meeting to the City within ten (10) days after approval of the minutes. ARTICLE VI TERM AND TERMINATION 6.1 Term. The term of this Agreement shall commence on October 1, 2008 and terminate at midnight on October 31, 2009. However, the program period shall commence on October 1, 2008 and terminate at midnight on September 30, 2009. Only those expenditures authorized by Chapter 351 of the Texas Tax Code which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this Agreement is terminated by either party pursuant to §6.2(a), City agrees to reimburse Agency for any contractual obligations undertaken by Agency in satisfactory performance of those activities specified in hereinabove and that were approved by the Council through the budget, as noted in §4.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §§3.1 and 3.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (c) Further, upon termination pursuant to §6.2(a) of this agreement, Agency will provide the City: (1) Within ten (10) business days from the termination notification, a short- term budget of probable expenditures for the remaining sixty (60) day period between termination notification and contract termination. This budget will be presented to Council for approval within ten (10) business days after receipt by City. If formal approval is not given within ten (10) business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax 54 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 7 Code, and is within the current contractual period approved budget; the budget will be considered approved; (2) Within thirty (30) days, a full accounting of all expenditures not previously audited by City; (3) Within five (5) business days of a request from City, a listing of expenditures that have occurred since the last required reporting period; (4) A final accounting of all expenditures and tax funds on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 3.1 and 3.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of Agency; (b) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either City or Agency for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of such breach. (e) The failure of Agency to submit a Quarterly Financial Activity Report as required by Texas Tax Code §351.101(c) within thirty (30) days from the date City notifies Agency of such breach. 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 55 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 8 6.5 In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this agreement, Agency agrees to refund any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. ARTICLE VII HOLD HARMLESS 7.1 Hold Harmless. The parties agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement, as permitted by law. ARTICLE VIII GENERAL PROVISIONS 8.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in §3.1 above. In the event that Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to Tex. Tax Code § 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and Hotel Tax Revenue. 8.2 This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 8.3 The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 8.4 Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or disability. Agency will take affirmative action to ensure that applicants who are employed are treated, during employment, without regard to their race, color, religion, sex, national origin or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination requirement. 56 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 9 8.5 Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or disability. 8.6 Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will provide no religious instruction or counseling, conduct no religious worship or services, and engage in no religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 8.7 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 8.8 This Agreement has been made under and shall be governed by the laws of the State of Texas. 8.9 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 8.10 Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 8.11 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 8.12 The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 8.13 This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 8.14 It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8.15 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use 57 Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement 10 their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 8.16 It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 8.17 Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. 58 59 60 Outside Agency:__________________________ STATEMENTS OF FINANCIAL POSITION Period _____________________________ Current Period Current Period Year to Date Year to Date ASSETS Hotel Tax Non-Hotel Tax Hotel Tax Non-Hotel Tax Cash and cash equivalents Short-term investments Prepaid expenses Unconditional promises to give Cash restricted to purchase of equipment Long-term investments Contribution receivable—charitable lead trust Deposits on leased and other property Property and equipment TOTAL ASSETS LIABILITIES Accounts payable Compensation Refundable advances Long-term debt TOTAL LIABILITIES NET ASSETS Unrestricted Temporarily restricted Permanently restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS Exhibit A Statements of Financial Position A1 61 Outside Agency:_______________________ STATEMENT OF ACTIVITIES Period:__________________________ Permanently Restricted REVENUES, GAINS, AND OTHER SUPPORT Contributions — — — — — — — — Capital campaign — — — — Equipment acquisition — — — — Endowment — — - — Other — — — — Federal financial assistance — — — — Program service fees — — — — Investment return — — — — Change in value of split-interest agreement — — — — Other — — — — Net assets released from restrictions — — — — Expiration of time restrictions — — — — Restrictions satisfied by charitable lead trust receipts — — — — Restrictions satisfied by payments — — — TOTAL REVENUES, GAINS, AND OTHER SUPPORT EXPENSES Program services — — — — — — — — Supporting services Management and general — — — — Fund-raising — — — — TOTAL EXPENSES — — — — CHANGE IN NET ASSETS — — — — NET ASSETS AT BEGINNING OF YEAR — — — — NET ASSETS AT END OF YEAR — — — — Total — — — — Exhibit A Statement of Financial Activities - Hotel Tax Unrestricted Temporarily Restricted A2 62 Exhibit B Narrative Summary of Activity Report Please provide a narrative summary of the activities funded with the Hotel Tax Revenue. Use additional sheets if more space is needed. B1 63 Exhibit C Performance Measure Report The George Bush Presidential Library Foundation Description & Budget Explanation: The George Bush Presidential Library Foundation will inform and enrich learners of all ages about American history the general role of the President, and the administration of George H.W. Bush. Yearly Budget Summary FY06 FY07 FY08 FY09 Actual Actual Actual Estimate $50,000 $50,000 $100,000 $100,000 Quarterly Budget Summary Quarter 1 Quarter 2 Quarter 3 Quarter 4 Proposed Proposed Proposed Proposed $0 $0 $0 $0 Program Name: The George Bush Presidential Library Foundation Service Level:The George Bush Presidential Library Foundation will promote and enhance tourism via educational programs, exhibits, and promotional activities Performance Measures: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Actual Proposed Proposed Proposed Number of visitors Number of new exhibits Number of existing exhibits Number of advertising or promotional activities conducted Number of educational programs conducted C1 64 Ex h i b i t D Ho t e l T a x R e v e n u e P r o g r a m R e p o r t le a s e l i s t e a c h s c h e d u l e d ac t i v i t y , p r o g r a m o r e v e n t di r e c t l y f u n d e d f r o m t h e H o t e l Ta x R e v e n u e . Pl e a s e l i s t e a c h s c h e d u l e d ac t i v i t y , p r o g r a m o r e v e n t wh i c h h a s i t s a d m i n i s t r a t i v e co s t s f u n d e d i n w h o l e o r i n p a r t by t h e H o t e l T a x R e v e n u e . Pl e a s e l i s t h o w t h e s c h e d u l e d ac t i v i t y , p r o g r a m o r e v e n t i s di r e c t l y e n h a n c i n g a n d pr o m o t i n g t o u r i s m a n d t h e co n v e n t i o n a n d h o t e l i n d u s t r y . Pl e a s e i t e m i z e f u n d s a s s o c i a t e d w i t h th e p a r t i c u l a r a c t i v i t y , p r o g r a m o r ev e n t d i r e c t l y f u n d e d f r o m t h e H o t e l Ta x R e v e n u e . D1 65 December 11, 2008 Consent Agenda Item No. 2f 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 2008 Homeland Security Grant Program –Sub-recipient of $166,666.67 naming a City staff member as manager of those grant funds, and approving the 2008 City of College Station Equipment List for purchase. Recommendation(s): Staff recommends acceptance of the grant from the Governors Division of Emergency Management (GDEM), and recommends that the Emergency Management Coordinator be designated as the “Grant Manager” for the administration of this grant. It is also recommended that the attached 2008 City of College Station Equipment list be approved for purchase. Summary: The City of College Station has been awarded the FY08 Homeland Security program Grant of $166,666.67 through GDEM. The funding will be used by city departments to purchase equipment that will enhance our planning, training and response capabilities to terrorist threats or catastrophic events. Attached is the equipment list for the FY-08 Homeland security Grant Program which funds are to be expended. The period of performance of this agreement shall end on January 15, 2011. 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 2008 Homeland Security Grant Program Notice of Sub-recipient Award – 6-SR 15976-01 2008 City of College Station Equipment List 66 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ACCEPTING THE 2008 HOMELAND SECURITY GRANT PROGRAM SUB- RECIPIENT AWARD FOR THE PURCHASE OF RESPONSE EQUIPMENT AND AUTHORIZING A CONTACT PERSON FOR THE CITY. WHEREAS, the Office for Domestic Preparedness, a component of the U.S. Department of Homeland Security, has awarded the Governor’s Division of Emergency Management (GDEM) the 2008 Homeland Security Grant Program; and WHEREAS, the Governor’s Division of Emergency Management (GDEM) has served the City of College Station with a Notice of Sub-recipient Award for the 2008 Homeland Security Grant Program in the amount of $166,666.67 to be used in this performance period ending on January 15, 2011; 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 of terrorism 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 2008 Homeland Security Grant Program in the amount of $166,666.67 from the Governor’s Division of Emergency Management (GDEM). PART 2: That the City Council hereby approves the 2008 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 terrorism 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. 67 ORDINANCE NO. __________ Page 2 ADOPTED this ______________ day of ____________________________, A.D. 2008. ATTEST: APPROVED: _______________________________ ______________________________ City Secretary Mayor APPROVED: E-Signed by Mary Ann Powell VERIFY authenticity with ApproveIt _______________________________ City Attorney 68 KECEIVED NOV 2 4 2008 The Honorable Ben White Mayor, City of College Station P.O. Box 9960 College Station, TX 77842-0960 69 DIVISION OF EMERGENCY MANAGEMENT Office of the Governor RICK PERRY STEVEN McCRAW Governor Director Mailing Address: Contact Numbers: Phvsical Address: Office of Homeland Security PO Box 4087 5 12-424-2138 Duty Hours 5805 N. Lamar Blvd. Austin, Texas 78773-0220 5 12-424-2277 Non-Duty Hours Austin, Texas 78752 JACK COLLEY 5 12-424-2444 Fax Chief November 2 1,2008 The Honorable Ben White Mayor, City of College Station P.O. Box 9960 College Station, TX 77842-0960 Dear Mayor White: Your jurisdiction is being awarded a sub-grant for the Fiscal Year (FY) 2008 Homeland Security Grant Program (HSGP) to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, and response 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 funds must be used for projects which support the investments approved by DHS, which are identified in Enclosure 1. The following additional grant-related documents are enclosed: Notice of Sub-recipient Award (SRA) -Enclosure 2 The Notice of Sub-recipient Award for the 2008 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. GDEM must have a current Direct Deposit Authorization from your jurisdiction in order to transfer grant funds electronically to a designated bank account to reimburse you for grant-funded expenses. Additional copies ar;e available from the Texas State Comptroller's website at: htt~:llu~w.window.state. tx.~s/taxinfo/taxforms/74- 1 5 8 .pdf. An appropriate local official, typically your finance officer, must sign the Direct Deposit Authorization. B. If you submitted a completed Direct Deposit Authorization form with prior Homeland Security Grant Program awards, you do not need to submit another unless your bank account information has changed. The deadline for returning the signed Notice of Sub-Recipient Award and Direct Deposit Authorization (if applicable) is Januarv 8,2009. The offer of a homeland security sub-grant will be withdrawn if the required materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above documents to one of the following addresses: 70 The deadline for returning the signed Notice of Sub-Recipient Award and Direct Deposit Authorization ($ applicable) is January 8, 2009. The offer of a homeland security sub-grant will be withdrawn if the required materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above documents to one of the following addresses: Mail: Courier: Division of Emergency Management Attention: SM 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 form for your records. If you have any program questions regarding HSGP, please contact Edwin Staples at the SM at 5 12-377-0002 or 5 12-377-0000. Sincerely, Jack Colley Chief Enclosures: 1. DHS Approved Investments 2. 2008 Notice of Sub-recipient Award 3. Direct Deposit Authorization 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Jurisidcition Project Worksheet FY-2008; Homeland Security Grant Jurisdiction Name & Contact: Item Description Information Summary SHSP $$LEAA $$SHSP + LEAAArea Repeater for Comm Trailer $13,000.00 $13,000.00 A Laptops $13,620.00 $13,620.00 K Sokkia SRX 3 Total Station and accessories. This new generation total station can reduce processing time by 65%$27,000.00 $27,000.00 F Coleman 13500 BTU exterior 110V A/C unit $650. To be mounted on the Bomb Van. Installation $500.$1,350.00 $1,350.00 L Honda 5000w Generator. Used to power above A/C unit when 110v is not available.$2,800.00 $2,800.00 L Explosive Storage "Day Box"$750.00 $750.00 L Explosive Storage "IME Box"$750.00 $750.00 L Aimpoint Comp M3 2 MOA w/LaRue Tactical cantilever mount $3,000.00 $3,000.00 L Aimpoint 3X Magnifier w/LaRue Tactical QD Pivot Mount $2,500.00 $2,500.00 L Troy folding rear battle sight $600.00 $600.00 L LaRue Tactical 7.0 Free Float hand guard $1,000.00 $1,000.00 L Harris Bi Pod 6-9" notched legs w/LaRue Tactical LT130 QD mount $700.00 $700.00 L Leopold 10 x 50 tactical binoculars $800.00 $800.00 L AN/PVS-22 Universal Night Sight $17,000.00 $17,000.00 L Picatinny rail system for mounting AN/PVS-22 $750.00 $750.00 L Protech Defender balistic shield $3,360.00 $3,360.00 L Protech - H.I.L Intensity entry light $900.00 $900.00 L Surefire M600C scout light $4,423.67 $4,423.67 L Surefire X300 weapon light $2,340.00 $2,340.00 L TravelIR II HazMat Chemical Identifier $47,000.00 $47,000.00 L Training (SWAT Medic Level 1 & 2) $6,000.00 $6,000.00 L HAZMAT Trailer Awning $3,000.00 $3,000.00 L NRS Extreme Relief Dry Suits Item # 22511 $9,000.00 $9,000.00 L NRS Carlson River Boards Item # 1870 $1,800.00 $1,800.00 L NRS Workboot / Wetshoe Item #2338 $650.00 $650.00 L Video Equipment $1,683.00 $1,683.00 L Parker Cases $720.00 $720.00 L Pelican Super Saber Lights Item # 2783 $170.00 $170.00 L Sub-totals for SHSP & LETPP Respectively: =$96,643.00 $70,023.67 $166,666.67 Total Allocated Funds (Enter your allocation figure here) =$166,666.67 Total Expended Funds =$166,666.67 Remaining Balance Available for Expenditure=$0.00 (The "area" column refers to the Approved Projects from the Project List) For example: If you put a number "1" in the area column, that referst to #1 on the list which is "Improve Communications Interoperability. Click on the "Sheet 2" tab Below to open the Homeland Security Grant Approved List 12/5/2008 92 Jurisidcition Project Worksheet FY-2008; Homeland Security Grant Project Description Synopsis Communication Trailer Communication Trailer Police Department Investigation Bomb Squad Equipment Bomb Squad Equipment Bomb Squad Equipment Bomb Squad Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment SWAT Team Equipment HAZMAT Team Equipment SWAT Medic Team Training Video Communication Equipment Swift Water Recue & Dive Team Equipment Swift Water Recue & Dive Team Equipment Swift Water Recue & Dive Team Equipment Swift Water Recue & Dive Team Equipment Swift Water Recue & Dive Team Equipment Swift Water Recue & Dive Team Equipment 12/5/2008 93 AREA 1 2 3 4 5 6 7 8 9 10 11 12 Reduce Vulnerability Threats to Agriculture/Animals & Enhance Emergency Response Public Safety & Security Response Intelligence & Information Sharing and Dissemination Description On-Site Incident Management Capabilities CBRNE Detection, WMD, HAZMAT Response & Decontamination Enhancing State, Regional, & Local Emergency Operations Centers Strengthen Medical Surge & Mass Prophylaxis Improve Communications Interoperability Enhancing State, Regional,& Local Emergency Planning Community Preparedness & Emergenyc Public Information & Warning Enhance Border Security Program Protecting Critical Infrastructure 94 December 11, 2008 Consent Agenda Item No. 2g Purchase of one (1) Pierce Velocity Custom Fire Engine To: Glenn Brown, City Manager From: R.B. Alley, Fire Chief Agenda Caption: Presentation, possible action and discussion regarding the purchase of One (1) Pierce Velocity Custom Pumper from Martin Apparatus, INC through The Local Government Purchasing Cooperative (BuyBoard) for a total price of $519,071.00. Recommendation(s): Staff recommends award the purchase of one (1) Pierce Velocity Custom Pumper from Martin Apparatus, INC through The Local Government Purchasing Cooperative (BuyBoard) for a total price of $519,071.00. Summary: The Fire Department formed a Committee in the summer of 2008 with representation from all shifts. The committee solicited proposals from the following four manufacturers: Crimson Fire Apparatus, E-One Fire Apparatus, Ferrara Fire Apparatus and Pierce Fire Apparatus. The vendors presented their proposals to the committee in October of 2008. The committee reviewed and compared the proposals in Early November and recommended the purchase of the one (1) Fire Engine to be delivered from the Texas Dealer for Pierce Apparatus, Martin Apparatus, INC. Purchasing this equipment through The Local Government Purchasing Cooperative (BuyBoard) satisfies our competitive bidding requirements. The Fire Engine is a replacement vehicle that was approved in the 2006- 2007 fleet replacement budget, the original Pumper was ordered from American LaFrance Fire Apparatus in 2007, but the order was canceled as a result of American LaFrance filing bankruptcy. An additional Fire Pumper and Fire Tanker will be purchased at the same time. These were approved by City Council in the FY 2009 Fleet replacement budget. The purchase of the three pieces of Fire Apparatus will allow us to purchase them at a reduced cost which will result in approximately $50,000 savings. Budget & Financial Summary: Funds are available in the Equipment Replacement Fund and will be included in Budget Amendment No. 1. Attachments: Proposal letter Specifications for pumper are on file in City Secretary’s office 95 96 97 December 11, 2008 Consent Agenda Item No. 2h BVSWMA CSC Rock Prairie Road Landfill Testing and Inspecting Contract To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion approving testing and inspecting contract #09-028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie Road Landfill. Recommendation(s): Staff recommends approval of the testing and inspecting contract with CSC Engineering & Environmental Consultants, Inc. based on their knowledge and previous experience at the Rock Prairie Road Landfill site. Summary: This contract with CSC Engineering & Environmental Consultants, Inc. will allow the Rock Prairie Road Landfill to maintain regulatory compliance with TCEQ disposal regulations. Groundwater monitoring are tasks to be completed with the contract. Semi- Annual Groundwater Monitoring and testing of all monitoring wells at the facility must be completed twice per year and a written report with the findings of these tests must be submitted to TCEQ for their review and approval. Failure to comply with the requirements of these regulations would place the facility in non-compliance that could warrant administrative action by TCEQ. Budget & Financial Summary: Contract amount is $58,000.00. Funding for this contract is available in the BVSWMA Operating Fund. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this project. As this contract is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Contract # 09-028 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 December 11, 2008 Consent Agenda Item No. 2i BVSWMA HDR Twin Oaks Landfill Design, Permitting and Construction Management Contract To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion approving professional services contract #09-031, with HDR Engineering, Inc in an amount not to exceed $1,294,800.00 for Twin Oaks Landfill additional design/permitting, bidding and construction phase services. Recommendation(s): Staff recommends approval of the professional services contract with HDR, Inc. Summary: This contract with HDR, Inc. will assist the Brazos Valley Solid Waste Management Agency (BVSWMA) in efforts to open the Twin Oaks Landfill. HDR, Inc. will assist BVSWMA with this project by providing original design and permitting services, bid and construction administration and management services, and additional design and permitting services that are a result of new Solid Waste regulations and ongoing discussions with BVSWMA on operational considerations. New regulations which were promulgated in March 2006, after the existing Scope-of-Service had been prepared, require additional items to be addressed in the landfill permit including a Drainage and Erosion Plan for all Phases of Landfill Construction. Budget & Financial Summary: Funding for this contract to HDR, Inc. is available in the BVSWMA Capital Improvements Fund. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this project. As this contract is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Contract #09-031 125 December 11, 2008 Consent Agenda Item No. 2j Annual Price Agreement for Auto and Truck Tires To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on approving annual tire purchases from Pilger’s Tire & Auto Center through the State of Texas (TXMAS) Tire Contract in the amount of $135,000.00. Recommendation(s): Staff recommends approval to purchase auto and truck tires from Pilger’s Tire & Auto Center through the Texas Multiple Awards Schedule (TXMAS) Contract (#TXMAS-7-26120-40). The estimated annual expenditure of $135,000.00 is based on the average amount spent on auto and truck tires since February 2008 and the anticipated needs for new vehicles being added to inventory this fiscal year. Summary: Pilger’s Tire & Auto Center is the local (College Station, TX) TXMAS contract dealer for auto and truck tires. TXMAS contracts are developed from contracts that have been competitively bid and awarded by the federal government or any other governmental entity of any state. The contracts offer access to multiple vendors providing commodities and services at the most favored customer prices. Texas Government Code §2155.504, Use of Schedule by Government Entities, states that a State agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under this subchapter. A purchase authorized by this section satisfies any requirement of State law relating to competitive bids or proposals. This agreement is for a one-year term beginning February 1, 2009 and terminating January 31, 2010. Budget & Financial Summary: Funds are available and budgeted in the Fleet Maintenance fund which is funded by all other departments. Attachments: Summary of TXMAS Contract #7-261020-40 126 PILGER'S TIRE & AUTO CENTER Contract TXMAS-7-261020-40 Dealer for: BRIDGESTONE FIRESTONE N.A. TIRE, LLC On-Line Catalog/Order Processing TIRES, PNEUMATIC (NEW), FOR PASSENGER, LIGHT TRUCK, MEDIUM TRUCK, AND BUS, AND RETREAD SERVICES Corporate Office: BRIDGESTONE FIRESTONE N.A. TIRE, LLC 535 MARRIOTT DRIVE NASHVILLE TN 37214 USA Send PO to: PILGER'S TIRE & AUTO CENTER 400 E. UNIVERSITY DRIVE COLLEGE STATION TX 77840 USA Vendor ID: 17418726752 Invoice From: PILGER'S TIRE & AUTO CENTER 400 E. UNIVERSITY DRIVE COLLEGE STATION TX 77840 USA Vendor ID: Delivery: 30 DAYS ARO FOB Point: DESTINATION Terms: NET 30 DAYS Remit To: PILGER'S TIRE & AUTO CENTER 400 E. UNIVERSITY DRIVE COLLEGE STATION TX 77840 USA Vendor ID: Vendor ID: 17418726752 Business Type:Small DUNS #: Effective: Expires: 1/19/2007 12/20/2011 CONTACT: WILLIE HESS Phone 979-696-1729 WILLIE@PILGERSTIRE.COM Page 1 of 1PILGER'S TIRE & AUTO CENTER - TXMAS Contract TXMAS-7-261020-40 11/21/2008http://portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40 127 Effective Date: This Texas Multiple Award Schedule (TXMAS) contract is effective beginning 1/19/2007 through 12/20/2011 and is automatically renewed on the date that the General Services Administration (GSA) exercises the renewal option. All State of Texas terms and conditions will continue and apply to all renewal periods by mutual agreement. The contractor has certified that the prices reflected in the contractor's catalog are the same as the prices contained in the most current modification to GSA Contract No. GS-30F-0009T. Placement of Orders: Purchasing entities must use both the instructions on the contractor's web page and the terms and conditions in the federal supply schedule to place orders. Purchasing entities may use a either a departmental purchase order or the contractor's on-line ordering system to place orders. Purchasing entities may opt out of using the contractor's on-line ordering system if it is incompatible with the entity's purchasing procedures. The contractor is not required to accept orders below the minimum listed below. Orders between the minimum and maximum listed below are subject to GSA preferred customer pricing. For orders above the maximum, purchasing entities are entitled to negotiate for lower prices than those listed on the on-line federal supply schedule price list. Order Limitation: Minimum Order: 1 TIRE Maximum Order: N/A Approved Products/Services: Only products or services listed in the CPA approved GSA contract may be purchased from this TXMAS contract, with one exception. Incidental, off-schedule items may be purchased as "best value, open market" items provided that they are necessary for product integration or product completeness. The purchasing entity is responsible for ensuring that the quoted price for such incidental items is fair and reasonable. These incidental items may be added to the TXMAS purchase order if they are clearly labeled as "open market (OM), best value" items. State Contracts: All Texas Council for Purchasing from People with Disabilities contracts and Texas Correctional Industries (TCI) term contracts take precedence over this TXMAS contract. If similar products or services are listed on this TXMAS contract and a CPA term contract, a determination should be made that will result in a best value purchase. Payment Due Date: Payment will be due on the thirtieth (30) calendar day after the later of: (a) the date the State actually receives a proper invoice at the office designated in the applicable purchase order to receive it; or (b) the date the State accepts the products or services. The post mark date on the envelope for the State warrant (State's equivalent to a check) or banking information showing when a direct deposit transaction was received will be considered the date payment is made. Interest starts accruing on the first day that payment is late. The rate of interest for late payments is set at one percent per month. Special Note: The State of Texas, including but not limited to its Agencies, cooperative purchasing members and any local governmental entity authorized by law to use the Texas Multiple Award Schedule method for purchasing is not obligated to procure any products or services from this TXMAS contract. This schedule contract shall not be construed to prevent the State from purchasing products or services using other procurement methods as authorized by law. Page 1 of 1PILGER'S TIRE & AUTO CENTER - TXMAS Contract TXMAS-7-261020-40 11/21/2008http://portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40 128 December 11, 2008 Consent Agenda Item No. 2k Budget Approval and Funding Agreement with the Memorial for all Veterans of the Brazos Valley To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, discussion and possible action on approving the budget of the Memorial for all Veterans of the Brazos Valley; and presentation, discussion and possible action on a funding agreement between the City of College Station and the Memorial for all Veterans of the Brazos Valley for FY09 in the amount of $100,000. Recommendation(s): Staff recommends approval of the Memorial for all Veterans of the Brazos Valley budget and the funding agreement for FY09. Summary: As part of the 2009 budget process the City Council approved funding for the Memorial for all Veterans of the Brazos Valley in the amount of $50,000. An additional $50,000 was budgeted and approved, but not expended, in Fiscal Year 2008. The $50,000 from FY08 remains in the fund balance of the Hotel Tax fund and a budget amendment appropriating the additional $50,000 will be forthcoming. Budget & Financial Summary: The funds for this agreement are available in the Fiscal Year 2009 Hotel Tax Fund Budget. A total of $100,000 is to be used for operational activities directly associated with the promotion of tourism and historic preservation in the City of College Station. State law requires that the City Council approve the budget of any organization that is to be funded through the Hotel Tax. Attachments: 1. The Memorial for all Veterans of the Brazos Valley budget 2. The Memorial for all Veterans of the Brazos Valley Funding Agreement – Available in City Secretary’s Office 129 2:53 PM 10/09/06 Accrual Basis Brazos Valley Veterans Memorial FY09 Budget January through December 2009 Jan - Dec 09 Ordinary Income/Expense Income Interest Income 3,975.00 Contribution Income Individuals 19,000.00 In-Kind Services Eagle - Advertising 24,000.00 CS Operations & Maint (CS Parks)25,000.00 ACBV - Office 25,000.00 Total In-Kind Services 74,000.00 Capital Fund Grants - Texas Parks & Wildlife*95,000.00 Brazos County 25,000.00 City of College Station 50,000.00 City of Bryan 25,000.00 Total Capital Fund 195,000.00 Total Contribution Income 288,000.00 Contributions - Corporate 15,000.00 Membership Dues 5,000.00 Total Income 311,975.00 Expense Advertising (Eagle)24,000.00 Operations & Maint. (CS Parks)25,000.00 Insurance 100.00 Printing & Reproduction 2,500.00 Engraving Expense 15,275.00 Flags 2,700.00 Computer Expenses 1,700.00 Graphic Design 3,500.00 Dedication Expense 4,030.00 Meeting expenses 3,000.00 Administrative 6,000.00 Postage and Delivery 950.00 Total Office & Administrative 6,950.00 Professional Fees 2,600.00 Program Expense Capital Reserve - Pathway*100,000.00 Pathway Development 95,000.00 Total Program Expense 195,000.00 Rent (ACBV)25,000.00 Supplies 500.00 Telephone 120.00 Page 1 of 2 130 2:53 PM 10/09/06 Accrual Basis Brazos Valley Veterans Memorial FY09 Budget January through December 2009 Jan - Dec 09 Total Expense 311,975.00 Net Ordinary Income 0.00 Net Income 0.00 *Due to restrictions and requirements of the Texas Parks & Wildlife Commission grant, a capital reserve account must be accrued until sufficient funds are received to begin construction. Invoices must be received and paid before the Texas grant money can be received. Funds received from CS, Bryan and Brazos County during FY2009 will be accrued accordingly. Page 2 of 2 131 December 11, 2008 Consent Agenda Item No. 2l Agreement for Gasoline and Diesel Fuel To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on renewing the annual agreement for gasoline and diesel fuel with Brenco Marketing Corp, Contract No. 08-069; for one year; and authorize the annual estimated expenditures with Brenco Marketing Corp. for $1,751,000.00. This total includes the annual estimated expenditure of $1,364,000.00 for the City of College Station and the annual estimated expenditure of $387,000.00 for BVSWMA. Recommendation(s): Recommend approval of renewal of the contract and authorize annual estimated expenditures totaling $1,751,000.00 to Brenco Marketing Corp. The contract has firm fixed prices for profit and delivery, allowing us to pay cost (which fluctuates) plus markup. The terms and conditions of the original agreement remain unchanged for the renewal term. The annual estimated expenditures are based on an average number of gallons consumed over the past two years and the budgeted price per gallon. Summary: In December of 2004, the City of Bryan solicited bids for gasoline and diesel fuel on behalf of several local agencies including City of College Station, City of Hearne, Brazos County, Bryan ISD, College Station ISD and Texas A&M University. This renewal agreement will allow the City to renew the agreement for a term of one year, December 20, 2008 through December 19, 2009. This is the fourth and final renewal term available; therefore, gasoline and diesel fuel will need to be formally re-bid next year to establish a new annual agreement. Fuel is placed in inventory and charged to multiple departments/divisions as used. Fuel is available at three locations: Public Works Fleet Operations, BVSWMA and Public Utilities Warehouse. Budget & Financial Summary: Funds are available and budgeted in each fund. Expenses are charged to the appropriate fund/department as fuel is used. As the BVSWMA portion of the gasoline and diesel expenditures is in excess of $50,000, the BVSWMA portion of the expenditures will require the approval of the Bryan City Council. Attachments: Renewal Letter Acceptance 132 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew contract $08-069, an annual price contract for diesel fuel and gasoline for the amount of $1,751,000.00 (City of College Station: $1,364,000.00 and BVSWMA: $387,000.00) in accordance with all terms and conditions previously agreed to and accepted, I understand this renewal term will be for the period beginning December 20th, 2008 through December 19th, 2009. BRENCO MARKETING CORP. CITY OF COLLEGE STATION Mayor ATTEST: / Connie Hooks, City Secretary APPROVED: Cjty Manager & c*+ City Attorne Chief Finanriel Officer 11- /%-dg DATE DATE DATE DATE DATE DATE 133 STATE OF TEXAS COUNTYOF I&-fi20~ CORPORATE ACKNOWLEDGMENT This instrument was acknowledged on the 18 day of No cm lo4 r ,2008, b (. in hisher capacity as by Dana\ A Pres;Aa~+ of o, : &"n ,>, a TEXAS Corporation, on behalf of said corporation. Notary Public, State of Texas June 23, 2010 STATE OF TEXAS COUNTY OF BRAZOS lic in and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged on the day of ,2008, by , in his capacity as Mayor of the City of College Station, a Texas home-rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas 134 December 11, 2008 Regular Agenda Item No. 1 Randall’s University Park Rezoning 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 rezoning 3.31 acres located at 510 Chimney Hill Drive from R-1, Single Family Residential to PDD, Planned Development. Recommendation(s): The Planning and Zoning Commission voted unanimously (6-0) to recommend denial of the request. Staff recommended approval. Summary: Staff used the following Review Criteria to evaluate the request: 1. Consistency with the Comprehensive Plan: The subject property is identified as Planned Development for townhome uses with a maximum gross density of 6 units per acre on the Comprehensive Plan. The subject rezoning is consistent with the Comprehensive Plan designation. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The property is adjacent to R-1, Single Family Residential, C-1, General Commercial, and R-2, Duplex. The property is also across the street from R-3, Townhome developed as Chimney Hill. The proposed zoning allows for a step down from the commercial center developed as the Albertsons shopping center, and is buffered by an existing 5 acre park from most of the established single-family detached residences. The proposed district is compatible with the existing zoning and conforming uses on nearby property and this tract has been identified as a Planned Development on the plats for this area since 1991. On the east side of the property, this development is closest to a large lot single-family home that is 2.7 acres, compared to the average quarter acre lots in the remaining Chimney Hill detached single-family area. The stated purpose of the PDD is to develop townhomes. The applicant is requesting 4 modifications from townhome standards as follows: Proposed UDO Requirement Minimum lot size 1700 sq.ft. 2000 sq.ft. Minimum front setback 5 feet 15 feet (rear parking is provided) Minimum street side setback 5 feet 15 feet Minimum rear setback 10 feet 20 feet The average lot size of the townhomes on Chimney Hill is approximately 5,500 sq.ft., with setbacks of 20 feet in the front and 10 feet in the rear. The applicant has provided 3 proposed community benefits to offset the granting of these modifications: 1 – the development of this property will increase its taxable value to the City, 2 – the development will act as a buffer between the retail and residential uses, and 3 – the development will create access to Billie Madely Park that is currently only accessible from the City of Bryan. 135 Additionally, Staff also identified the cluster design of the development as a community benefit. A cluster development is where over the entire site, the density is less that the maximum allowed by the Comprehensive Plan, but the lot sizes are reduced and only perimeter setbacks applied in an effort to preserve open space. This design, which would preserve the natural vegetated buffer on the east side of the property beyond the electrical easements and the open space to the west, is considered a community benefit. 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 subject tract is just over 3 acres, adjacent to commercial and duplex development. Townhome uses would be suitable on the tract. In addition, development of the tract provides access to parkland that has been previously inaccessible. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is not generally suitable for single-family detached development. The size of the tract, its adjacency to commercial and duplex development, along with the presence of overhead electric lines make the site unsuitable for detached residential development that would be in the same character as the existing detached homes in Chimney Hill. 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 property is marketable as single-family; however, with the above referenced constraints, it is unlikely to develop as such. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: As one of two vacant tracts in an area completely built out, there is adequate water, wastewater, stormwater, and transportation facilities to support the proposed use. Currently, Arguello Drive at Chimney Hill has 250 vehicle trips per day and Arguello at Tarrow Street carries 280 vehicle trips per day. Both Chimney Hill and Arguello are classified as local streets and can safely carry up to 1,000 trips per day. CONCEPT PLAN REVIEW CRITERIA 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area: Staff considers the development of townhomes to be in harmony with the character of the surrounding area which includes a wide mix of uses including big box retail, small scale office, duplexes, townhomes, patio homes, and single-family detached uses. The density of this project is 5 dwelling units per acre. The existing density of the townhomes and patio homes on the east side of Chimney Hill is 6.6 dwelling units per acre. Overall, the entire Chimney Hill area has a density of 3.1 dwelling units per acre. A number of residents have contacted Staff with questions about the rezoning. Those in objection to the request feel that the existing R-1 is the most compatible district with the surrounding area and expressed concerns that these townhomes would be built without garages, will not be comparable in lot size, and will be rental property with 4 or more cars per home. Neighbors are concerned about additional traffic and safety, as well as additional traffic accessing the park. The applicant is showing common area along the east side of the property that will provide a small buffer between the uses, and has also stated that they will be preserving as much of the existing vegetation as possible on the west side of the property. Due to 136 the low height of the electrical lines, the applicant has stated that clearing in this area will be difficult. 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section: The proposed Concept Plan conforms with the previously adopted amendment to the Comprehensive Plan for Planned Development on this tract for townhome uses not to exceed 6 dwelling units per acre. Additionally, the proposal incorporates a stepping down of land uses by intensity, and promotes the development of land within existing service areas. 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development: The proposed concept plan shows 17 townhome lots situated in the middle of the property with common area buffering from Chimney Hill on both sides. This land use is compatible with the existing mix of housing types in the area; however, the lot sizes and the excess parking is not in the character of the surrounding Chimney Hill area. 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association: Each lot fronts on a proposed private street that will be gated. This street connects to a public street, Arguello Drive which is being extended through this property to the park. The applicant is also providing additional parking beyond the two spaces per home required in the Unified Development Ordinance (required: 34/provided: 68) 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities: As this project is an infill project in an established area, there is existing water and sewer capacity to meet the needs of this development without adversely impacting the neighboring residents. This development will be required to extend public infrastructure to the property to serve it. A development of this size is not required to dedicate land, but must meet the parkland dedication requirement through fee in lieu of land dedication. The developer, at the platting stage, may choose to use the parkland fees to make improvements in the existing park. 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity: Staff does not feel that the proposed development will be detrimental to the public health, or welfare. Further, it would not be materially injurious to surrounding properties. 7. The development will not adversely affect the safety and convenience of vehicular bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area: This concept plan has provided the required pedestrian access to the Billie Madely Park. There is a proposed 6-foot sidewalk that will connect to Cooner Street and provide pedestrian connection through the west side of the property. Additionally, they are providing street access on the east side of the property and connecting the existing sidewalk system to the park to address pedestrian connectivity to a park that has been inaccessible from City streets since its dedication. 137 The proposed development is anticipated to generate approximately 100 vehicle trips per day. This can increase the traffic on Arguello and Chimney Hill by 50%; however at a total of 380 vehicle trips per day, this is well within the capacity of the roads. There are no bicycle routes, paths, or lanes shown on the Comprehensive Plan in this area. Budget & Financial Summary: N/A Attachments: 1. Background Information 2. Draft Planning and Zoning Commission Minutes, November 20, 2008 3. Ordinance 138 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: November 20, 2008 Advertised Council Hearing Dates: December 11, 2008 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: Chimney Hill Homeowners Association Property owner notices mailed: 19 Contacts in support: 0 Contacts in opposition: 22 Inquiry contacts: 7 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Single Family Residential, Medium Density R-1, Single Family Park South Retail Regional C-1, General Commercial Commercial - Albertsons East ROW- Chimney Hill West Redevelopment and City of Bryan R-1 Single-Family DEVELOPMENT HISTORY Annexation: 1951 and 1956 Zoning: R-1 since annexation Final Plat: 1990, replatted in 2004, Randall’s University Park Site development: Vacant 139 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED 'DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONTNG MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A, attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this day of ,2008. APPROVED: MAYOR ATTEST: City Secretary APPROVED: 140 ORDINANCE NO. EXHIBIT "A" Page 2 That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R-1, Single-Family to PDD, Planned Development: LOT 3R-2, RANDALL'S UNIVERSITY PARK REPLAT, SHOWN GRAPHICALLY IN EXHIBIT "B" AND IN A CONCEPT PLAN IN EXHIBIT "C" 141 Zoning Districts R- 3 Townhouse C - 3 Llght Commercial WPC Wolf Pen Creek Dev. Corridor R -4 Multi-Family M - I Llght Induslrial NG - 1 Core Northgate A- 0 Agrlculural Open R- 6 High Demlty MutlCFamlly M - 2 Heavy lnmstrial NG - 2 Transitional Northgde A- OR Rural Rerldentlal SadMslon R- 7 Manufactured Home Park C- U College and University NG - 3 Residential Northgate R- 1 Slngle Fanily Resldentlal A- P AdminlslratlvelPmfesslonal R & D Research and Devebpment OV Corridor Overlay R- 16 Single Fanily Resldentlal C - 1 General Commercld P-MUD Planned Mxed-Use Development RDD Redevelopment Dlstrld R- 2 Duplex Resldentlal C- 2 Commercial-Industrial PDD Planned Development Dlstrlct KO Krenek Tap Overlay Case: REZONI 08-253 b&f DEVELOPMENT REVIEW RANDALLS UNIVERSITY PARK LOT 3R-2 142 1 4 3 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, November 20, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer, Doug Slack, Thomas Woodfin and Hugh Stearns COMMISSIONERS ABSENT: Bill Davis CITY COUNCIL MEMBERS PRESENT: None CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 6. Public hearing, presentation, possible action, and discussion regarding a rezoning from R- 1, Single Family Residential to PDD, Planned Development District for 3.31 acres at 510 Chimney Hill Drive generally located west of the intersection of Chimney Hill Drive and Arguello Drive. Case #08-00500253 (JP) Jennifer Prochazka, Senior Planner, presented the rezoning and recommended approval. There was general discussion regarding the rezoning. Commissioner Bauman expressed concern about parking. Commissioner Woodfin stated that parking is usually not provided when a park is developed. Chairman Nichols opened the public hearing. Eric Mach, developer, stated that there would be two gates to enter the property. He said that he had met the minimum parking requirements and that parking for the park would be on Arguello. Commissioner Stearns asked how trees would be retained in the detention area. 144 Dale Brown, McClure & Brown, stated that the area is a low spot and detention is already present. Jerome Rektorik, 437 Chimney Hill Drive, College Station, Texas; William Cunningham, 402 Chimney Hill Drive, College Station, Texas; William Hyman, 201 Lampwick Circle, College Station, Texas; Mickey Posey, 444 Chimney Hill Drive, College Station, Texas; John Hurn, 201 Fireside, College Station, Texas; Manuel Gonzalez, 205 Chimney Hill Circle, College Station, Texas; Donald Shelby, 755 Sunny Lane, Bryan, Texas; Richard Hammerness, 433 Chimney Hill Drive, College Station, Texas; Daniel Romo, 202 Fireside Circle, College Station, Texas; Donald Feltz, 204 Fireside Circle, College Station, Texas; Nancy Berry, 202 Lampwick Circle, College Station, Texas; Patrick Gendron, 205 Lampwick Circle, College Station, Texas; Michael Brown, 203 Lampwick Circle, College Station, Texas. The citizens were in opposition and expressed concern about being uninformed, traffic, and the development possibly being student housing. Ms. Prochazka stated that the applicant had twice as many parking spaces as required. Commissioner Stearns expressed concern about the development being student housing. Commissioner Woodfin stated that sidewalks need to be located on Cooner and Arguello that provide connectivity to the park. Commissioner Stearns motioned to recommend denial. Commissioner Greer seconded the motion, motion passed (6-0). Chairman Nichols recessed the meeting at 9:50 p.m. Chairman Nichols reconvened the meeting at 10:00 p.m. 145 December 11, 2008 Regular Agenda Item #2 Park Land Dedication Ordinance Amendments To: Glenn Brown, City Manager From: Marco A. Cisneros, Director, Parks and Recreation Agenda Caption: Public hearing, presentation, possible action and discussion regarding consideration of an ordinance amending Chapter 9, “Subdivisions” of the City of College Station Code of Ordinances, Section 10, “Park Land Dedication”. Recommendation(s): The Parks and Recreation Advisory Board recommended approval (5-2) of the Park Land Dedication Ordinance Revisions as specified in the proposed ordinance at their November 18, 2008 meeting. The Planning and Zoning Commission considered this item at their December 4, 2008 meeting. The minutes from that meeting are pending. Staff also recommends approval of the proposed ordinance. Summary: Ordinance 2997, the current Park Land Dedication Ordinance, was approved by the City Council on September 13, 2007. The Park Land Dedication Ordinance provides a means to acquire and develop neighborhood parks in the City and the ETJ. The funds for these park developments are generated by the development of new residential subdivisions and must be used for neighborhood park acquisition and/or development with a prescribed service area as defined by the City’s approved Park Zones. The ordinance requires a three year review period, and the City Council approved the most recent changes in September, 2007. However, both acquisition and development costs associated with park development have increased dramatically over the past few years. There are also some key policy issues to consider: · What level of parks and recreation service will be provided for in the future? · Who will pay for those services? · Can community parks serve the function of neighborhood parks? · Should the 2:1 Flood Plain Acreage ration be changed to a 3:1 ratio? These issues were reviewed and discussed by the Joint Parks and Recreation Advisory Board and Planning & Zoning Commission Subcommittee on June 25, 2008 as well as a public hearing was held as a part of the Parks and Recreation Advisory Board meeting held on July 8, 2008. The major points of discussion at these meetings included: · The current cost of land · The cost of park construction · The need for more community parks in newly developed areas · The estimated population growth for the City in the next ten years Staff held and attended several meetings with stakeholders to review the proposed changes to the Park Land Dedication Ordinance. Staff met with members of the Neighborhood and Homeowners Association group on October 21, 2008. Staff also met with the Bryan/College Station Homebuilders and Developers group on November 4, 2008. In each instance, the groups’ interest lay in keeping the Park Land Dedication Ordinance in its current form without making any changes to it. 146 Budget & Financial Summary: Future budgetary implications are dependent upon Council direction. Any revisions to the current Park Land Dedication Ordinance will likely result in some increased funding being available for neighborhood and community parks land acquisition and/or development. These revisions however do not pay for any of the increased operations and maintenance costs associated with any of these new parks and recreation facilities. Those budget decisions would need to be made prior to the development of these new facilities. Attachments: 1. Ordinance 2997 2. Proposed City of College Station Park Land Dedication Ordinance 3. June 25, 2008 Joint Parks and Recreation Advisory Board and Planning & Zoning Commission Subcommittee 4. July 8, 2008 Public Hearing and Parks and Recreation Advisory Board Minutes 5. October 20, 2008 Public Hearing and Parks and Recreation Advisory Board Minutes 6. November 18, 2008 Parks and Recreation Advisory Board Minutes 7. Park Land Dedication and Development Fees Methodology 147 ORDINANCE NO. 2997 AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 10, "PARK LAND DEDICATION, BY INCREASING FEES, EXTENDING PARK LAND REQUIREMENTS INTO THE ETJ; 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 9, "Subdivisions", 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 ($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 January 1,2008. PASSED, ADOPTED and APPROVED this 13'" day of September, 2007. ATTEST: APPROVED: CITY SECRETARY MAYOR APPROVED: CITY ATTORNEY O/group/legal/ord~nance/amendmentjorm.doc Approved by the Parks & Recreation Advisory Board on May 9. 2006 148 ORDINANCE NO. 2997 EXHIBIT "A" Page 2 That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: 1. By amending SECTION 10: "Requirements for Park Land Dedication" by deleting the entire section and substituting the following: SECTION 10: Requirements For Park Land Dedication 10-A Purpose This section is adopted to provide recreational areas in the form of neighborhood park facilities as a function of subdivision and site development in the City of College Station and its Extra- Territorial Jurisdiction (ETJ). This section is enacted in accordance with the home rule powers of the City of College Station, granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 (Vernon 1999; Vernon Supp. 2004-2005) as amended from time to time. It is hereby declared by the City Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City and its ETJ, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and located within convenient distances from a majority of the residences to be served thereby. The park zones established by the Parks and Recreation Department and shown on the official Parks and Recreation map for the City of College Station shall be prima facie proof that any park located therein is within such a convenient distance from any residence located berein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated above and shall apply to any land to be used for residential purposes: 10-B General Requirements The City Manager or his designee shall administer this Section 10, Requirements for Park Land Dedication with certain review, recommendation and approval authorities being assigned to the Planning and Zoning Commission and the Parks and Recreation Advisory Board as specified herein. v1u:lordinance 2007\septernber 20071ordinance no. 2997.doc 9/18/0 7 149 ORDINANCE NO. 2997 Page 3 Dedications shall cover both land acquisition and development costs for neighborhood park land for all types of residential development. Dedications shall be based on actual dwelling units for the entire development. Increases or decreases in final unit count prior to final plat will require an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the original estimate additional park land shall be dedicated in accordance with the requirements in this Section 10 with the filing of a final plat. The methodology used to calculate fees and land dedications is attached hereto as Appendix I and incorporated and made a part of this ordinance for all purposes. Fees paid under this Section may be used only for development or acquisition of neighborhood parks located within the same Zone as the development. 1. Land Dedication For residential developments the area of land to be dedicated for neighborhood park land purposes shall be determined by the procedures described in Appendix I. The total amount of land dedicated for the development shall be dedicated in fee simple by plat: a. Prior to the issuance of any building permits for multi-family development, b. Concurrently with the final plat for a single phase development, c. For a phased development the entire park shall be either platted concurrently with the plat of the first phase of the development or d. The developer may provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres park land required. The amount of the financial guarantee is calculated by multiplying the number of acres of park land required to be dedicated by $24,000 as the estimated value of an acre of land in the proposed subdivision. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. 2. Fee in Lieu of Land v\u:lordinance 2007lsepternber 2007lordinance no. 2997.doc 9/18/0 7 150 ORDINANCE NO. 2997 Page 4 The amount of the Fee-in-Lieu of Land ("Fee") shall be set at an amount sufficient to cover the costs of the acquisition of neighborhood park land. A landowner may elect to meet the requirements of Section 10.B. 1, in whole or in part, by paying a fee in the amount set forth in Appendix I. Before making this election, for ally required dedication greater than three (3) acres, or for any development containing floodplain or greenway, the landowner must: a. Obtain a recommendation from the Parks and Recreation Advisory Board, and b. Obtain approval from the Planning & Zoning Commission pursuant to the Plat Approval Procedures in Article 3.3 of the Unified Development Ordinance. For neighborhood park land, the fee shall be calculated using the procedure described in sectioil 10.B. 1 d to value the land, and the procedure shown in Appendix I to calculate the total amount of the fee which shall be remitted: Prior to the issuance of any building permits for multi-family development; or Upon submission of each final plat for single family, duplex or townhouse development. Fees may be used only for acquisition or development of a neighborhood park facility located within the same Zone as the development. The City Manager or his designee is authorized to accept the Fee for dedications of fewer than three (3) acres where: There is a sufficient amount of park land existing in the park zone of the proposed development or The proposed dedication is insufficient for a Neighborhood Park site under existing park design standards. This determination shall be made based on the Recreation, Park & Open Space Master Plan, as amended from time to time. 3. Park Development Fee vlu: lordlnance 2007lseptember 2007lordinance no. 2997.doc 9/18/0 7 151 ORDINANCE NO. 2997 Page 5 In addition to the land dedication, -there shall also be a fee established that is sufficient to develop the land to meet the Manual of Park Improvements Standards to serve the zone in which such development is located. This fee and the estimate of neighborhood park improvement costs shall be computed as shown in Appendix I. The total fee shall be paid upon submission of each final plat or upon application for a building permit, whichever is applicable. 4. Park Development Option in Lieu of Fee A landowner may elect to construct the neighborhood park improvements in lieu of paying the Park Development Fee under the following terms and conditions: a. A park site plan, developed in cooperation with the Parks and Recreation Department staff, must be submitted to the City Manager or his designee for review. A site plan approved by the Director of Parks and Recreation and Parks and Recreation Advisory Board is required upon submission of each final plat or upon application for a building permit, whichever is applicable. b. Within twelve (12) months from the date of said submission or applicatioil the landowner shall submit detailed plans and specifications in compliance with the site plan to the City Manager or his designee for review and approval. c. All plans and specifications shall meet or exceed the Manual of Park Improvement Standards in effect at the time of the submission. d. If the improvements are constructed on land that has already been dedicated to andlor is owned by the City, then the Developer must post Payment and Performance Bonds to guarantee the payment to subcontractors and suppliers and to guarantee Developer completes the work in accordance with the approved plans, specifications, ordinances, other applicable laws and that City has issued a Certificate of Completion for the improvements. e. The construction of all improvements must be completed within two (2) years from the date of the approval of the plans and specifications. A final, one-time extension of twelve months may be granted by the Administrator upon demonstration that said improvements are at least 50% constructed. f. Completion and Acceptance - Park development will be considered complete and a Certificate of Completion will be issued after the following requirements are met: i. Improvements have been constructed in accordance with the Approved Plans, ii. All Park Land upon which the improvements have been constructed has been dedicated as required under this ordinance and iii. All manufacturers' warranties have been provided for any equipment. vlu. \ordinance 2007\september 2007lordinance no. 2997.doc 911 8/0 7 152 ORDINANCE NO. 2997 Page 6 g. Upon issuance of a Certificate of Completion, Landowner warrants the impsovelnents for a period of one (I) year as per the requirements in the Manual of Park Improvements Standards. 11. The developer shall be liable for any costs required to complete park developlnent if: i. Developer fails to complete the improvements in accordance with the Approved Plans . . 11. Developer fails to complete any warranty work 5. Reimbursement for City Acquired Park Land The City may from time to time acquire land for parks in or near an area of actual or potential development. If the City does acquire park land in a park zone, the City may require subsequent Park Land dedications for that zone to be in Fee-in Lieu-of-Land only. This will be to reimburse the City for the cost(s) of acquisition. Once the City has been reimbursed entirely for all such Park Land within a park zone, this Section shall cease to apply. 10-C Prior Dedication or Absence of Prior Dedication If a dedication requirement arose prior to enactment of this Section 10, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual density of structures constructed upon property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in Section 10.B. (Credit shall be given for land dedicated or fees paid pursuant to prior Park Land Ordinance Nos. 690,983 or 2546.) 10-D Comprehensive Plan Considerations The Recreation, Park and Open Space Master Plan is intended to provide the College Station Parks and Recreation Advisory Board with a guide upon which to base its recommendations. Because of the need to consider specific characteristics in the site selection process, the park locatioils indicated on the Plan are general. The actual locations, sizes, and number of parks will be determined when development occurs. The Plan will also be used to locate desirable park sites before development occurs, and those sites may be acquired by the City or received as donations. Park Zones are established by the City's Comprehensive Plan, in the Recreation, Park and Open Space Master Plan and are configured to indicate service areas for neighborhood parks. Zone boundaries are established that follow key topographic features such as major thoroughfares, streams, city limit and ETJ boundary lines Park Zones may be created or amended by the Recreation, Park and Open Space Master Plan as dedications or circumstances dictate. 10-E Special Fund; Right to Refund v\u: \ordinance 2007lseptember 2007lordmance no. 2997.doc 911 810 7 153 ORDINANCE NO. 2997 Page 7 1. All Park Land fees will be deposited in a fund referenced to the park zone involved. Funds deposited into a particular park zone fund may only be expended for land or improvements in that zone. 2. The City shall account for all fees-in-lieu-of land paid under this Section with reference to the individual plat(s) involved. Any fees paid for such purposes must be expended by the City within five (5) years from the date received by the City for acquisition and/or development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the landowners of the property on the expiration of such period shall be entitled to a prorated refund of such sum, computed on a square footage of area basis. The owners of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be barred. 10-F Park Land Guidelines and Requirements Parks should be easy to access and open to public view so as to benefit area development, enhance the visual character of the city, protect public safety and minimize conflict with adjacent land uses. The following guidelines and requirements shall be used in designing parks and adjacent development. Any land dedicated to the city under this section must be suitable for park and recreation uses. The dedication shall be free and clear of any and all liens and encumbrances that interfere with its use for park purposes. The City Manager or his designee shall determine whether any encumbrances interfere with park use. Minerals may be reserved from the conveyance provided that there is a complete waiver of the surface use by all mineral owners and lessees. A current title report must be provided with the land dedication. The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate froin the Brazos County Tax Assessor shall be submitted with the dedication or plat. 2. Consideration will be given to land that is in the floodplain or may be considered "floodable" even though not in a federally regulated floodplain as long as, due to its elevation, it is suitable for park improvements. Sites should not be severely sloping or have unusual topography which would render the land unusable for organized recreational activities. 3. Land in floodplains or designated greenways will be considered on a two for one basis. Two acres of floodplain or greenway will be equal to one acre of park land 4. Where feasible, park sites should be located adjacent to greenways and/or schools in order to encourage both shared facilities and the potential co-development of new sites. 5. Neighborhood park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located so that users are not required to cross arterial roadways to access them. 6. Sites should have existing trees or other scenic elements. v\u:lordinance 2007lsepfenzber 2007lordinance no. 2997.doc 911 810 7 154 ORDINANCE NO. 2997 Page 8 7. Detention 1 retention areas will not be accepted as part of the required dedication, but may be accepted in addition to the required dedication. If accepted as part of the park, the detention I retention area design must be approved by the City Manager or his designee and must meet specific parks specifications in the Manual of Park Improvements Standards. 8. Where park sites are adjacent to Greenways, Schools existing or proposed subdivisions, access ways may be required to facilitate public access to provide public access to parks. 9. It is desirable that fifty percent (50%) of the perimeter of a park should abut a public street. 10-G Consideration and Approval Any proposal considered by the Planning and Zoning Commission under this Section shall have been reviewed by the Parks and Recreation Advisory Board or the City Manager or his designee as provided herein, and a recommendation given to the Commission. The Commission may make a decision contrary to the recommendation by a majority vote. 10-H Review of Land Dedication Requirements and Dedication and Development Fee The City shall review the Fees established and amount of land dedication required at least once every three (3) years. The City shall take into account inflation as it affects land acquisition and park development costs as well as changes in the City's existing level of service. Fees are authorized to be set by resolution of the City Council. 10-I Warranty Required: All materials and equipment provided to the City shall be new unless otherwise approved in advance by the City Manager or his designee and that all work will be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, and drawings, and recognized industry standards. This warranty, any other warranties express or implied, and any other consumer rights, shall inure to the benefit of the City only and are not made for the benefit of any party other than the City. All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. This warranty is in addition to any rights or warranties expressed or implied by law. Where more than a one (1) year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Ordinance. Defective Work Discovered During Warranty Period. If any of the work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this ordinance, the designs, plans, drawings or specifications within one (1) year after the date of the issuance of a certificate of Final Completion of the work or a designated portion thereof, v\u:\ordr~~ance 2007iseptember 2007\ordmnance no. 2997.doc 9/'/ 810 7 155 ORDINANCE NO. 2997 Page 9 whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this ordinance, Developer shall promptly correct the defective work at no cost to the City. During the applicable warranty period and after receipt of written notice from the City to begin corrective work, Developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this code of ordinances. The guarantee to correct the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. If within twenty (20) calendar days after the City has notified Developer of a defect, failure, or abnormality in the work, Developer has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by Developer. The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by Developer, its contractors, or subcontractors or by the surety. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the illstallation or completion. The one (1) year warranty shall cover all work, equipment, and materials that are part of the improvements made under this section of the ordinance. vlu:iordinonce 2007lsepfember 2007lordinance no. 2997.doc 911 810 7 156 ORDINANCE NO. 2997 Page 10 APPENDIX I PARK LAND DEDICATION FEE METHODOLOGY NEIGHBORHOOD PARK REOUIREMENTS I. Land Requirementsfor Neiglzborlzood Parks The current level of service is one (1) acre per 276 people. 2006 Total Population - 77,261. 2.80 Persons per Household (PPH) for Single Family and 2.28 PPH for Multi-Family based on Census information for owner and renter occupied units. Single Family 276 people / 2.80 PPH = 98 DUs 1 Acre per 98 DUs Multi-Family 276 people / 2.28 PPH= 12 1 DUs I Acre per 12 1 DUs 11. Neighborhood Park Acquisition Costs (Determines Fee in Lieu of Land) One (1) acre costs $24,000 to purchase. Single Family $24,000 I98 DUs = $245 per DU Multi-Family $24,000 / 12 1 DUs = $198 per DU 111. Neighborhood Park Development Costs (Determines Fee for Development) The cost of improvements in an average Neighborhood Park in College Station is $5 1 6,450.a One Neighborhood Park serves 2,207 people, based on a total city population of 77,26 1 being served by 35 parks (count includes neighborhood parks and 6 mini parks). It costs $234 per person to develop an average intergenerational neighborhood park. v\u:\ordrna~~ce 2007lsepleniber 2007\0rdrnance no. 2997.doc 911 810 7 157 ORDINANCE NO. 2997 Page 11 Single Family $234 x 2.80 PPH = $655 per DU IV. Total Neighborhood Park Fee: Single Family $245 + $655 = $900 Multi-Family $234 x 2.28 PPH = $533 per DU Footnote a NEIGHBORHOOD PARK COST ESTIMATES WINTER 2005 Multi-Family $198 + $533 =$731 1. Basketball Court 2. 6' Sidewalk @ $5.00 per SF x 4000 LF 3. Handicap Accessible Ramp x 2 4. Bridge (Average 30') 5. Picnic Unit (slab, table, trash can, grill) @ $3,000 x 2 6. Shelter & Slab (2 picnic tables wltrash cans) 7. Area Lights (12' ht.) @ $3,000 x 20 8. 2' x 8' Park Sign (Cylex) and Keystone Planter Bed 9. Benches (painted steel) with slab @ $2,000 x 4 10. Bicycle Rack 1 1. 50 Trees (30-45 gal. installed) w1Irrigation @ $350 1 1. Lawn Irrigation (average area) 12. Drinking Fountain (concrete - handicap accessible, dual height, dog dish) 13. Water Meter 1.5" / 14. Electric MeterIPanel 15. Finish Sodding, Grading & Seeding 16. Drain Lines @ $15 LF (Average 100') 17. Swing Set w1Rubber & Gravel Mix 18. Playground wlconcrete base & Rubber Surfacing 1 9. Playground Shade Cover 20. Galvanized Fence @ $35 LF 2,500' 21. Pond Sub Total 10% Contingency Total v\u:\ordinance 2007\september 2007lordinance no. 2997.doc 9,'18/0 7 158 159 160 161 162 163 164 165 166 167 168 169 170 PARKS / PLANNING AND ZONING SUB-COMMITTEE NOTES Parks/Planning and Zoning Sub-committee June 25, 2008 PARK LAND DEDICATION 12:00 PM, Wednesday, June 25, 2008 Administrative Conference Room 1101 Texas Avenue College Station, TX 77840 STAFF PRESENT: Marco A. Cisneros, Director, Parks and Recreation; David Schmitz, Assistant Director, Parks and Recreation; Pete Vanecek, Senior Park Planner; Amanda Putz, Staff Assistant; Jason Schubert, Staff Planner – Planning and Development Services COMMISSIONERS PRESENT: Glenn Schroeder, Marsha Sanford BOARD PRESENT: Jodi Warner, Chair; Jody Ford; Gary Erwin, Vice Chair COUNCIL PRESENT: Ben White, Mayor DISCUSSION: The meeting began at 12:15PM. The discussion began with everyone introducing themselves. The purpose of the meeting was for the Board and Commission to come together for a general purpose of looking into Park Land Dedication. Some of the factors that were included in the discussion were the park construction costs, park land dedication fees, differences between community and neighborhood parks and land values. Marco A. Cisneros asked if there was a need for a task force regarding this issue. The responses were overall that a task force was not necessary, and public hearings were the answer. Jodi Warner explained the recent history behind the park land dedication and the fee change. She explained that the Park Land Dedication fees as they are right now are not enough for the development of a park. There was discussion concerning the Greenway / Greenbelt ordinance and if that was input into the Park Land Dedication Ordinance. However, it was not, and it needs to be discussed regarding placing it into the Park Land Dedication Ordinance. There was discussion that some developers are building developments in phases. Then they are eventually developing more phases, and parks are not placed anywhere near the development. This is an issue that needs to be addressed. The City may need to look at the appraised value for proposed park land, so that we can alleviate the building of many houses on acres with a park no where close by. Marsha Sanford, Commissioner, said that a 30 day appraisal should be required. The City has to make sure that we have maintenance costs for all of the parks that we create. Jodi Warner explained that the developers need an informational meeting to explaining park land dedication. The developer needs to be shown what they will 171 Parks/Planning and Zoning Sub-committee June 25, 2008 2 be given for what they are giving the city. Marsha Sanford commented on the Existing Residents Should Not Be Taxed to Build New Parks For New Residents, that was posted on the PowerPoint handout. She commented that the money is going to have to come from somewhere. She said that she would like to keep her park maintained. She commented that she does not think that the citizens would mind that issue either. When developers develop they need to be better monitored when they do several phases, as to make sure a park gets incorporated into the plans. Ben White, Mayor, asked why the city could not monitor the developer’s account and stop several phases from happening without a park being incorporated. The appraised value has got be put back into the ordinance, to determine the Park Land Dedication fee. The level of service needs to be clearly defined. The costs of all amenities need to be clearly stated and defined, so that the public and developers are aware of the costs associated. Jodi Warner stated that the Park Land Dedication needs to be on the Council calendar by the end of the summer 2008. When it comes to Zone monies, the particular monies that are allocated for a particular park need to be used for that particular park. The meeting ended at 2:00 PM. 172 173 174 175 176 177 178 179 180 PARK LAND DEDICATION AND DEVELOPMENT FEES METHODOLOGY FOR NEIGHBORHOOD AND COMMUNITY PARKS A. Dedication Requirements for Neighborhood Parks. 1. Land Dedication. The current level of service is one (1) acre per 285 people (87,758 Population/307.6 acres of neighborhood parks). 2008 Total Population - 87,758 2.80 Persons per Household (PPH) for Single Family and 2.28 PPH for Multi-Family based on Census information for owner and renter occupied units. Single Family Multi-Family 285 people / 2.80 PPH = 102 DUs 285 people / 2.28 PPH= 125 DUs 1 Acre per 102 DUs 1 Acre per 125 DUs 2. Fee in Lieu of Land Dedication. One (1) acre of land costs $32,000 to purchase. Single Family Multi-Family $32,000 / 102 DUs = $314 per DU $32,000 / 125 DUs = $256 per DU 3. Neighborhood Park Development Fee. · One neighborhood park serves 2,309 people, based on a total city population of 87,758 being served by 38 parks (count includes neighborhood parks and six mini parks) · The cost of improvements in an average neighborhood park in College Station is $630,520a. · It costs $273 per person ($631,000/2,309) to develop an average intergenerational neighborhood park in College Station. Single Family Multi-Family $273 x 2.80 PPH = $764 per DU $273 x 2.28 PPH = $622 per DU 4. Total Neighborhood Park Fee (with no land dedication credit given). 181 2 Single Family Multi-Family $313 + $764 = $1,078 per DU $256 + $622 = $878 per DU Footnote a NEIGHBORHOOD PARK COST ESTIMATES June 2008 1. Basketball Court $40,000 2. 6' Sidewalk @ $5.50 per SF x 4,000 LF $132,000 3. Handicap Accessible Ramp x 2 each $2,000 4. Pedestrian Bridge (average 30’) with concrete footings $40,000 5. Picnic Unit (slab, table, trash can, grill) @ $4,000 x 2 each $8,000 6. Shelter and Slab (2 picnic tables with trash cans) $34,000 7. Area Lights (12’ ht.) @ $4,000 x 20 each $80,000 8. 2’ x 8’ Park Sign (Cylex) and Keystone Planter Bed $6,000 9. Benches (painted steel) with slab @ $2,000 x 4 each $8,000 10. Bicycle Rack $1,500 11. 50 Trees (30-45 gallon installed) w/Irrigation @ $350 $17,500 11. Specialized Irrigation System $15,000 12. Drinking Fountain (concrete, handicap accessible, dual height, dog dish) $7,500 13. Water Meter 1.5” $1,200 14. Electric Meter/Breaker Panel $2,000 15. Finish Sodding, Grading and Seeding $5,000 16. Drain Lines @ $20 per LF (average 100 LF) $2,000 17. Swing Set with Synthetic Rubber Surfacing $25,000 18. Playground with Concrete Base and Synthetic Rubber Surfacing $75,000 19. Playground Shade Cover $17,500 20. Galvanized Fence @ $36 per LF (average 1,500 LF) $54,000 Sub Total $573,200 10% Contingency $57,230 Total $630,520 B. Dedication Requirements for Community Parks 1. Land Dedication. The current level of service is one (1) acre per 294 people (299 acres in 8 Community Parks). 2008 Total Population - 87,758 2.80 Persons per Household (PPH) for Single Family and 2.28 PPH for Multi- Family based on Census information for owner and renter occupied units. 182 3 Single Family Multi-Family 294 people / 2.80 PPH = 105 DUs 294 people / 2.28 PPH= 129 DUs 1 Acre per 105 DUs 1 Acre per 129 DUs 2. Fee in Lieu of Land Dedication. One (1) acre of land costs $32,000 to purchase. Single Family Multi-Family $32,000 / 105 DUs = $305 per DU $32,000 / 129DUs = $248 per DU 3. Community Park Development Fee. · One Community Park serves 10,970 people, based on a total city population of 87,758 being served by eight (8) community parks. · The cost of improvements in an average community park in College Station is $2.5 million.b · It costs $228 per person ($2,500,000/109,970) to develop an average community park. Single Family Multi-Family $ 228 x 2.80 PPH = $638 per DU $228 x 2.28 PPH = $520 per DU 4. Total Community Park Fee (with no land dedication credit given). Single Family Multi-Family $305 + $638 = $943 per DU $248 + $520 = $768 per DU Footnote b COMMUNITY PARK PLANNING GUIDELINES MAY 2006 A typical community park in College Station is designed to serve the needs of residents from several neighborhoods located within a one-half to three mile radius. These parks are generally 25 to 70 acres in size. However, larger and smaller community parks may be developed to meet specific requirements of a particular area of town. Community parks, by their nature, serve both the active and passive leisure needs of residents. The acquisition and development of the “basic” infrastructure and facilities for the passive usage of these community parks is based upon the demand from new residents and should be addressed through the Park Land Dedication Ordinance requirements. 183 4 The development of facilities for active use programs that might also be included in community parks, such as swimming pools, sports complexes, recreation centers and other similar improvements, are the responsibility of the entire community. These facilities should be developed with specific funding approval through general obligation bond elections or City Council approved authorizations as needed. The “basic” infrastructure and facilities in a typical College Station community park are likely to be: 1. Playground Areas with Shade covers $120,000 2. Group Picnic Pavilion with Restrooms $750,000 3. Concrete Walking Trails, Lights, Benches, Fountains (per mile) $500,000 4. Picnic Tables, Trash Receptacles, and Furnishings $ 50,000 5. Lighted Tennis Courts – Two (2) $140,000 6. Lighted Basketball Court $ 50,000 7. Roads and Parking (200 Spaces) $500,000 8. Landscape Improvements $250,000 9. Design Fees $140,000 Total Planning Estimate $2,500,000 Each community park varies in size, design, and facilities based upon the needs of the residents. These guidelines are developed to serve as a base line for planning future community parks for College Station. 184 December 11, 2008 Regular Agenda Item No. 3 Crescent Pointe Right-of-Way and 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 portion of right-of-way and an easement in the Crescent Point Subdivision. Recommendation(s): Staff recommends approval of the ordinance. Summary: The right-of-way and easement proposed to be abandoned are: 1. A 493 square foot portion of right-of-way, which is located on Crescent Pointe Parkway, 70 foot right-of-way, 1.715 acre Tract Two, according to the deed from Crescent Pointe, Ltd. to the City of College Station, Texas, recorded in Volume 6182, Page 193 of the Deed Records of Brazos County, Texas. 2. A 0.30 acre, 30 foot wide Pedestrian Walkway and Public Utility Easement, which is located on Lot 2 and 3 of Block 3 of the Crescent Pointe Phase 4 Subdivision according to the plat recorded in Volume 8343, Page 179, of the Deed Records of Brazos County, Texas. There is no infrastructure in this easement to be abandoned. Budget & Financial Summary: N/A Attachments: 1. Exhibit 1 - Vicinity Map 2. Exhibit 2 – Right-of-Way and Easement Abandonment Location 3. Exhibit 3 - Ordinance 4. Exhibit 4 - Ordinance Exhibit “A" 5. Exhibit 5 - Application for Abandonment 185 186 1 8 7 188 189 190 191 192 19 3 19 4 19 5 196 197 198 199 20 0 201 December 11, 2008 Regular Agenda Item No. 4 Crescent Pointe Rezoning 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 rezoning 1.19 acres at 2520 Crescent Pointe Parkway from A-P Administrative Professional to R-4 Multi-family. Recommendation(s): The Planning and Zoning Commission will hear this item at their December 4th meeting. Staff is recommending approval. Summary: Staff used the following Review Criteria to evaluate the request: 1. Consistency with the Comprehensive Plan: The Land Use Plan designates this area as Planned Development. The property was included in area 4A of the 30/60 Small Area Plan which originally identified this area for Mixed-Use and made the following statement: a. The area should be reflected as mixed use, with an emphasis on uses such as office, commercial, clean industrial and higher density single family and multifamily housing. Low density housing should be discouraged. Housing that appeals to professionals should be encouraged. The PDD district could be used to facilitate design innovation and more intense commercial uses. Standard zoning districts that permit high density single family, multi-family, clean industrial, offices and commercial uses that are conducive to tourism would also be appropriate in this area. In March 2003, the Mixed Use Opportunity Study changed the Mixed Use Designation in this area to Planned Development, which it has since retained. A Master Plan was approved in 2006, showing office and multi-family/townhome for this area. The subsequent rezoning for the subdivision was based on the preliminary plat, which included a large detention facility that separated the office from the residential along this block. When the property was final platted and the pond was appropriately sized, the common area for that drainage facility was reduced by 1.19 acres. The reduction in size of the common area for the detention pond created an area of A-P Administrative Professional on the east side of the drainage facility, which is proposed for townhomes on the Master Plan. Staff considers the rezoning to be in compliance with the Comprehensive Plan and the intent of the Master Plan. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The east side of the Crescent Pointe subdivision is largely undeveloped. The one developed property is at the northeast corner of the intersection of Copperfield Parkway and Crescent Pointe Parkway is R-4 Multi-family and developed as the Crescent Pointe Apartments. The property east of Crescent Pointe subdivision is Summit Crossing which is zoned PDD Planned 202 Development for a mix of townhomes and duplexes. The present zoning is compatible as an adjacent land use to apartment. 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 was recently replatted as part of a townhome development at the east end of Crescent Pointe Parkway. This rezoning would make those lots developable as such. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property was recently replatted for townhomes and would not be suitable for office uses due to the small lot size. 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: As stated previously, the property was recently replatted with the intent of creating townhome lots. While the lots meet the minimum criteria for A-P Administrative Professional, they are small and may not be marketable for office development. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The existing infrastructure built for the Crescent Pointe Subdivision includes an 8-inch water line and a 12-inch sewer line along Crescent Pointe Parkway that will adequately serve this development. Regional detention facilities are provided across the development to handle stormwater. Additionally, the plat for this development shows 12 lots for townhomes on the 1.19 acres, which will have an impact of approximately 71 trips per day. Crescent Pointe Parkway is built to a collector standard and can carry up to 5,000 trips per day. Budget & Financial Summary: N/A Attachments: 1. Background Information 2. Draft Planning and Zoning Commission Minutes, December 4, 2008 (provided at Council meeting) 3. Ordinance 203 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: December 4, 2008 Advertised Council Hearing Dates: December 11, 2008 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: None Property owner notices mailed: 1 Contacts in support: 0 Contacts in opposition: 0 Inquiry contacts: 0 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Crescent Pointe Parkway South Planned Development C-1, General Commercial Vacant East Planned Development A-P, Administrative Professional Drainage Facility West Planned Development R-4, Multi-Family Vacant DEVELOPMENT HISTORY Annexation: 1979 Zoning: A-P Administrative Professional from M-1 Light Industrial (2006) Preliminary Plat: Crescent Pointe Subdivision, 2008 Final Plat: Crescent Pointe Subdivision, Phase 4, 2008 Site Development: Vacant 204 205 206 207 208 December 11, 2008 Regular Agenda Item No. 5 Comprehensive Plan Amendment for William D. Fitch Parkway and Barron Road To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action and discussion regarding a Comprehensive Land Use Plan Amendment from Single Family Medium Density to Neighborhood Retail for 8.4 acres generally located at the northwest corner of William D. Fitch Parkway and Barron Road. Recommendation(s): The Planning and Zoning Commission unanimously recommended denial of this amendment at their November 20, 2008 meeting. Staff also recommended denial. Summary: REVIEW CRITERIA 1. Changed or changing conditions in the subject area or the City: In accordance with the Comprehensive Land Use Plan, southern College Station has experienced a large amount of residential development in the past decade, including the Castlegate, Castlerock, and Edelweiss Gartens subdivisions. Much of this development can be attributed to the development of William D. Fitch Parkway, which was also built according to the Comprehensive Plan and finished construction in January 2006. To the west of William D. Fitch, some property in the area has been amended in recent years to reflect an increasing single family density on the plan, including the Southern Trace subdivision to the west of the subject property, the BCS Development tract to the east, and the developing Aspen Heights subdivision across FM 2154, but the area has remained largely low density. Commercial property has been planned in southern College Station to serve the area and region. Approximately a mile west on William D. Fitch is the already developed Rock Prairie Business Center on Wellborn Road. To the east on William D. Fitch, from Victoria to the highway, are hundreds of acres planned for Regional Retail and zoned C-1 General Commercial. About a third mile east on William D. Fitch—at the intersection with Victoria—is a tract already zoned for C-3 Light Commercial. Across William D. Fitch on Barron are approximately five acres identified as Neighborhood Retail, three of which are already zoned C-3 Light Commercial. 2. Compatibility with the remainder of the Comprehensive Plan: The request seems to be in conflict with a couple of aspects of the Comprehensive Plan. The Comprehensive Plan defines Neighborhood Retail as: Areas permitting neighborhood-scale development of tax-generating developments such as small retail centers, service commercial, restaurants, etc. These uses are generally dependent on good access to local arterials. The good access to arterials is important as these uses are usually found between neighborhoods to serve their purpose and maximize their success, and arterials typically 209 serve on the periphery of subdivisions. The Comprehensive Plan also encourages the location of Neighborhood Commercial as infill between neighborhoods. While the subject property is located on what is planned to be an arterial, Barron Road south of William D. Fitch is currently not built to that standard. The only residential developments along the stretch of Barron Road between William D. Fitch and FM 2154 are rural in nature. The Southern Trace subdivision (the medium-density residential to the west) does not have a right-of-way connection to the property. The subject property would most likely be relying on traffic from William D. Fitch. Because William D. Fitch is currently a pair of one-way frontage roads in this area, neighborhoods that would access the property via Fitch would have to take circuitous routes that would in most cases take them by properties already developed or zoned for commercial, or they could reach already developed commercial as easily. While a Comprehensive Plan is supposed to project land use and associated needs for the next 20 years, in reality, the current Comprehensive Plan has an expectancy of less than one year. The property in question does not seem to currently have a residential density around it which to serve. One way the vision of the Comprehensive Plan is implemented is through the application of the Unified Development Ordinance (UDO). The appropriate zoning classification for a property identified as Neighborhood Retail would be C-3 Light Commercial. The UDO limits the size of a C-3 district and any adjacent C-3 districts to a combined total of five acres. Even if identified on the Land Use Plan as Neighborhood Retail, the subject property could not be zoned for such uses. Budget & Financial Summary: N/A Attachments: 1. Aerial 2. Small Area Map 3. P&Z Minutes 4. Ordinance 210 211 212 November 20, 2008 P&Z Regular Meeting Minutes Page 1 of 1 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, November 20, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer, Doug Slack, Thomas Woodfin and Hugh Stearns COMMISSIONERS ABSENT: Bill Davis CITY COUNCIL MEMBERS PRESENT: None CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 13. Public hearing, presentation, possible action and discussion regarding a Comprehensive Land Use Plan Amendment from Single Family-Medium Density to Neighborhood Retail for 8.4 acres generally located at the northwest corner of William D. Fitch Parkway and Barron Road. Case #08-00500255 (MH) Molly Hitchcock, Planning Administrator, presented the Comprehensive Land Use Plan Amendment and recommended denial. There was general discussion regarding the Comprehensive Land Use Plan Amendment. Chairman Nichols opened the public hearing. Jane Kee, IPS Group, stated that retail is planned on the opposite side of State Highway 40 and that the owners are consolidating the two properties. Norvell Breedlove, 3040 Barron Road, stated that he owns the three-acre tract that adjoins the two tracts and he is against rural neighborhood. He also said that the area is not ready for retail development. Chairman Nichols closed the public hearing. Commissioner Bauman motioned to recommend denial of the Comprehensive Land Use Plan Amendment. Commissioner Greer seconded the motion, motion passed (6-0). 213 214 215 216 December 11, 2008 Regular Agenda – Item #6 1815 Brothers Blvd. 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 seven easements located at 1815 Brothers Boulevard. (Wal-Mart) Recommendation(s): Staff recommends approval of the ordinance. Summary: The easements proposed to be abandoned are 1. a 0.1723 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision; 2. a 0.0509 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision; 3. a 0.8004 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision; 4. a 0.1217 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision; 5. a 0.0759 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision; 6. a 0.8085 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4K and Lot 4J of the Replat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision, and Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision; 7. a 0.2874 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision, all according to the plat recorded in Volume 2153 & Page 93, Volume 1046 & Page 591, Volume 2153 & Page 93, Volume 1203 & Page 143, respectively of the Deed Records of Brazos County, Texas. The existing utility mains within this easement are proposed to be relocated to another public utility easement per the terms of this conditional abandonment ordinance. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map 217 2. Easement Abandonment Location 3. 0.1723 acre easement Ordinance 4. 0.1723 acre easement Ordinance Exhibit A 5. 0.0509 acre easement Ordinance 6. 0.0509 acre easement Ordinance Exhibit A 7. 0.8004 acre easement Ordinance 8. 0.8004 acre easement Ordinance Exhibit A 9. 0.1217 acre easement Ordinance 10. 0.1217 acre easement Ordinance Exhibit A 11. 0.0759 acre easement Ordinance 12. 0.0759 acre easement Ordinance Exhibit A 13. 0.8085 acre easement Ordinance 14. 0.8085 acre easement Ordinance Exhibit A 15. 0.2874 acre easement Ordinance 16. 0.2874 acre easement Ordinance Exhibit A 17. Application for Abandonment (on file at City Engineer’s office) 218 219 C ,! 3 I &i F .g : -r l k: D I rj; E i $ 6; g: LU C ~ 7 Y .- ,g f 0 ti. z 2 0 k 220 221 222 Legal Description Brazos County, Texas FN No. 08-0012d-Part 1 D&A Job No. 001-402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.1723 ACRE (7,506 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE n, SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE UTlLITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.1723 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATIE: PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED 'TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "DOU&~' washer found at the easterly north comer of said Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.RB.C.T. and the southwest comer of Lot 3, Block 15 of the Cmection Plat of Southwood Plaza, Phase One, as recorded in Volume 1046, Page 591, D.R.B.C.T., said point being an interior ell-comer of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood plaza, Phase Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears N02'01 '09"W, a distance of 88.98 feet; THENCE, with a northerly line of said Drainage and Utility Easement, being the common line of said Lot 3 and said Lot 4% N87°58'05yyE, a distar~ce of 13.63 feet to a calculated point for an exterior ell-corner of said Drainage and Utility Easement, and being the westerly most comer and POINT OF BEGINNING hereof; THENCE, continuing with the common line of said Lot 3 and Lot 4K the following two (2) ' courses and distances: 1. N87O5 8'05yyE, a distance of 1 86.86 feet to a Mag nail with 'Doucet" washer found for the northerly most corner hereof, and 2. S43'29'34"E, a distance of 197.66 feet to a 2-inch iron pipe found for the easterly common comer of said Lot 3 and said Lot 4% for the northeasterly corner hereof, said point being in the northwest right-of-way line of Brothers Boulevard, (R.o.w. varies); Page 1 of 2 Pi00 1-402hrveyUegals\08-00 12dalRevkd-Part 1 .doc 223 THENCE, with the common line of said Brothers Boulevard and said Lot 4% S46O30'26'W, a distance of 20.00 feet to a calculated point for the southeasterly most comer hereof, said point being at the southesterly most comer of said 20-foot wide Utility Easement, fiom which a Mag nail with ''Doucet" washer found for a point of curvature in said common line bears, S46O30'26'W, a distance of 78.28 feet; THIENCE, departing the northwest right-of-way line of Brothers Boulevard, over and across said Lot 4K the following three (3) courses and distances: with the southwest line of said 20-foot wide Utility Easement, N43O29'34"W, a distance of 188.64 feet to a calculated point for an angle point hereof, with the southerly line of said 20-foot wide Utility Easement, S87O58'05'W, a distance of 177.43 feet to a calculated point for the southwesterly most comer hereof, said point being in the east line of said Drainage and Utility Easement, and 3. over and across said 20-foot wide Utility Easement, with the east line of said Drainage and Utility Easement, N03"12'17W, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.1723 acre (7,506 sq. ft.) of land, more or less. Jason Ward, R.P.L.S. Texas Registration No. 581 1 Doucet & Associates Iric., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 ?-#us Date Page 2 of 2 P:\001-402~flegals\08-O012d1Revised1Part 1 .doc 224 (R.O.W. VARIES) 0.1723. ACRE PORTION OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS . . . - - - - . -- -. . . - I Dote: 9/18/2008 .PA Doucet & Associates, Inc. 740 1 B Hwy. 71 Wen, Suite 160 Adn, TX 78735, Phons (5 12) 563-2600 bc (3 52) 563-2601 , ~. - Scale: 1.160' Drown by: JL Reviewer: JSw I Pramct: 001-402 1 Field Back 229 KlSTNTDW-~~-~UVOlUU Party Chief: JM www.doucetandassociatu cam c..~.. n-r-. q3 190 m7 225 Legal Description Brazos County, Texas FN No. 08-0012d-Part 1 D&A Job No. 001-402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.1723 ACRE (7,506 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE n, SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE UTlLITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.1723 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATIE: PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED 'TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "DOU&~' washer found at the easterly north comer of said Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.RB.C.T. and the southwest comer of Lot 3, Block 15 of the Cmection Plat of Southwood Plaza, Phase One, as recorded in Volume 1046, Page 591, D.R.B.C.T., said point being an interior ell-comer of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood plaza, Phase Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears N02'01 '09"W, a distance of 88.98 feet; THENCE, with a northerly line of said Drainage and Utility Easement, being the common line of said Lot 3 and said Lot 4% N87°58'05yyE, a distar~ce of 13.63 feet to a calculated point for an exterior ell-corner of said Drainage and Utility Easement, and being the westerly most comer and POINT OF BEGINNING hereof; THENCE, continuing with the common line of said Lot 3 and Lot 4K the following two (2) ' courses and distances: 1. N87O5 8'05yyE, a distance of 1 86.86 feet to a Mag nail with 'Doucet" washer found for the northerly most corner hereof, and 2. S43'29'34"E, a distance of 197.66 feet to a 2-inch iron pipe found for the easterly common comer of said Lot 3 and said Lot 4% for the northeasterly corner hereof, said point being in the northwest right-of-way line of Brothers Boulevard, (R.o.w. varies); Page 1 of 2 Pi00 1-402hrveyUegals\08-00 12dalRevkd-Part 1 .doc 226 THENCE, with the common line of said Brothers Boulevard and said Lot 4% S46O30'26'W, a distance of 20.00 feet to a calculated point for the southeasterly most comer hereof, said point being at the southesterly most comer of said 20-foot wide Utility Easement, fiom which a Mag nail with ''Doucet" washer found for a point of curvature in said common line bears, S46O30'26'W, a distance of 78.28 feet; THIENCE, departing the northwest right-of-way line of Brothers Boulevard, over and across said Lot 4K the following three (3) courses and distances: with the southwest line of said 20-foot wide Utility Easement, N43O29'34"W, a distance of 188.64 feet to a calculated point for an angle point hereof, with the southerly line of said 20-foot wide Utility Easement, S87O58'05'W, a distance of 177.43 feet to a calculated point for the southwesterly most comer hereof, said point being in the east line of said Drainage and Utility Easement, and 3. over and across said 20-foot wide Utility Easement, with the east line of said Drainage and Utility Easement, N03"12'17W, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.1723 acre (7,506 sq. ft.) of land, more or less. Jason Ward, R.P.L.S. Texas Registration No. 581 1 Doucet & Associates Iric., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 ?-#us Date Page 2 of 2 P:\001-402~flegals\08-O012d1Revised1Part 1 .doc 227 (R.O.W. VARIES) 0.1723. ACRE PORTION OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS . . . - - - - . -- -. . . - I Dote: 9/18/2008 .PA Doucet & Associates, Inc. 740 1 B Hwy. 71 Wen, Suite 160 Adn, TX 78735, Phons (5 12) 563-2600 bc (3 52) 563-2601 , ~. - Scale: 1.160' Drown by: JL Reviewer: JSw I Pramct: 001-402 1 Field Back 229 KlSTNTDW-~~-~UVOlUU Party Chief: JM www.doucetandassociatu cam c..~.. n-r-. q3 190 m7 228 229 230 231 Legal Description Brazos County, Texas FN No. 08-0012d-Part 2 D&A Job No. 001-402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0509 ACRE (2,217 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II, SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.RB.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.0509 ACRE TRACT OF LAM) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTB; CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucet" washer found at the easterly north corner of said Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.R.B.C.T. and the southwest comer of Lot 3, Block 15 ofthe Correction Plat of Southwood Plaza, Phase One, as recorded in Volume '1046, Page 591, D.R.B.C.T., said point being an interioir ell-comer of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears N02°01'09'W, a distance of 88.98 feet; THENCE, over and across said Drainage and Utility Easement, with the common line of said Lot 4K .and said Lot 4A, S50°12'33"W, a distance of 32.52 feet to a calculated point for the northerly most wmer and POINT OF BEGINNING hereof, said point being in the west line of said Drainage and Utility Easement, THENCE, departing said common line of said Lot 4K and said Lot 4A, with the west line of said Drainage and Utility Easement, S03°10'50"E, a distance of 24.92 feet to a calculated point for the southerly most east corner hereof, said point also being in the southeasterly line of said 20-foot wide Utility Easement; Page 1 of 2 P:\OO1-402\s~~eyUegals\08-0012d~Revised~Part 2.doc 232 THENCE, departing the west line of said Drainage and Utility Easement, with the southeasterly line of said 20-foot wide Utility Easement, in part over and across said Lot 4K, and in part over and across said Lot 4J, the following three (3) courses and distances: 1. S50°12'33'W, a distance of 103.40 feet to a calculated point for the southeast comer hereof; 2. N39O47'27'W, a distance of 20.00 feet to a calculated point for the southwest corner hereof, from which a 112-inch iron rod with "Doucet" cap found for the westerly common corner of said Lot 45 and said Lot 4K, bears, S50°12'33'W, a distance of 12.52 feet, and 3. with the northwest line of said Lot 4K, and the southeast line of said Lot 4, N50°12'33"E, a distance of 118.26 feet to the POINT OF BEGINlVING and containing 0.0509 acre (2,217 sq. R) of land, more or less. 9-L?-as Date Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402~~yUeg&\08-0012d~R~~Part 2.doc 233 . - . &l.k A *.t ::, t - see+ 3a4 3 : FR~~ED~MHILL~DPAR~S~~ CU WFORD BARNL I I' LE9 LOT 3, BLOCK 15 w "mum mn i ML 1203, PC. 143 CORRecJlONPLAT OF /------r- AND VOL 2153. PG. 93 1 0.0509 ACRE REPLAT OF LOT 4B, BLQCK 15. PHASE IT \ SOUTHWOOD PLAZA SUBDIVEION VOL 21 53, PG. 93 I I I - I ALL .BEARINGS ARE BASED ON THE I TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORM. CENTRAL ZONE j (4203), NAD83 (CORS). AU I DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0001 07026389. I GRAPHIC SCALE: 1" = 60' i I : ------ MISTING PROPERTY UNES ------- EXISTING EASEMENTS 1/2' IRON ROD WITH 'DOUCEl" CAP FWND 20' U~UM ESMT. 2" IRON PIPE FWND WL 1205, PG. 145 AND VOL 2153. PG 93 (UNLESS NOTOD) CALCULATED POlNT I MAG NAIL WTH 'DWET' I WASHER FOUND POINT OF BEGlNNlMG VOLUME RIGHT-OF-WAY LONGMIRE DRNE D.R.B.C.1. DEED RECORDS BRAZOS CWNN, TEXAS (R.0.W. VARIES) FN IOB-Mn2dgart 2 P:\OOl-402\survey\DA-drowinqs\OOl-402 vucote-20 UE9d 2.dwg 0.0509 ACRE PORTION era Dote: 9/19/2008 OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS Doucet & Associates, Inc. 7401 B Hwy. 71 West, Sub 160 Austin, TX78735, Phonc. (512) 583-2600 hc (5 12) 583-2601 Am'NTPW-~~-WMRMA wm.doucaandassociarc~.com Scole: 1'-60' Drawn by: A '~eviewa~ JSW ProJecb 001-402 Fshaet: 1 of 1 Fidd BOO^: 229 Porty Chief: JU Survey Dote: 11 /29/07 234 Legal Description Brazos County, Texas FN No. 08-0012d-Part 2 D&A Job No. 001-402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0509 ACRE (2,217 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II, SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.RB.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.0509 ACRE TRACT OF LAM) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTB; CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucet" washer found at the easterly north corner of said Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.R.B.C.T. and the southwest comer of Lot 3, Block 15 ofthe Correction Plat of Southwood Plaza, Phase One, as recorded in Volume '1046, Page 591, D.R.B.C.T., said point being an interioir ell-comer of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears N02°01'09'W, a distance of 88.98 feet; THENCE, over and across said Drainage and Utility Easement, with the common line of said Lot 4K .and said Lot 4A, S50°12'33"W, a distance of 32.52 feet to a calculated point for the northerly most wmer and POINT OF BEGINNING hereof, said point being in the west line of said Drainage and Utility Easement, THENCE, departing said common line of said Lot 4K and said Lot 4A, with the west line of said Drainage and Utility Easement, S03°10'50"E, a distance of 24.92 feet to a calculated point for the southerly most east corner hereof, said point also being in the southeasterly line of said 20-foot wide Utility Easement; Page 1 of 2 P:\OO1-402\s~~eyUegals\08-0012d~Revised~Part 2.doc 235 THENCE, departing the west line of said Drainage and Utility Easement, with the southeasterly line of said 20-foot wide Utility Easement, in part over and across said Lot 4K, and in part over and across said Lot 4J, the following three (3) courses and distances: 1. S50°12'33'W, a distance of 103.40 feet to a calculated point for the southeast comer hereof; 2. N39O47'27'W, a distance of 20.00 feet to a calculated point for the southwest corner hereof, from which a 112-inch iron rod with "Doucet" cap found for the westerly common corner of said Lot 45 and said Lot 4K, bears, S50°12'33'W, a distance of 12.52 feet, and 3. with the northwest line of said Lot 4K, and the southeast line of said Lot 4, N50°12'33"E, a distance of 118.26 feet to the POINT OF BEGINlVING and containing 0.0509 acre (2,217 sq. R) of land, more or less. 9-L?-as Date Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402~~yUeg&\08-0012d~R~~Part 2.doc 236 . - . &l.k A *.t ::, t - see+ 3a4 3 : FR~~ED~MHILL~DPAR~S~~ CU WFORD BARNL I I' LE9 LOT 3, BLOCK 15 w "mum mn i ML 1203, PC. 143 CORRecJlONPLAT OF /------r- AND VOL 2153. PG. 93 1 0.0509 ACRE REPLAT OF LOT 4B, BLQCK 15. PHASE IT \ SOUTHWOOD PLAZA SUBDIVEION VOL 21 53, PG. 93 I I I - I ALL .BEARINGS ARE BASED ON THE I TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORM. CENTRAL ZONE j (4203), NAD83 (CORS). AU I DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0001 07026389. I GRAPHIC SCALE: 1" = 60' i I : ------ MISTING PROPERTY UNES ------- EXISTING EASEMENTS 1/2' IRON ROD WITH 'DOUCEl" CAP FWND 20' U~UM ESMT. 2" IRON PIPE FWND WL 1205, PG. 145 AND VOL 2153. PG 93 (UNLESS NOTOD) CALCULATED POlNT I MAG NAIL WTH 'DWET' I WASHER FOUND POINT OF BEGlNNlMG VOLUME RIGHT-OF-WAY LONGMIRE DRNE D.R.B.C.1. DEED RECORDS BRAZOS CWNN, TEXAS (R.0.W. VARIES) FN IOB-Mn2dgart 2 P:\OOl-402\survey\DA-drowinqs\OOl-402 vucote-20 UE9d 2.dwg 0.0509 ACRE PORTION era Dote: 9/19/2008 OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS Doucet & Associates, Inc. 7401 B Hwy. 71 West, Sub 160 Austin, TX78735, Phonc. (512) 583-2600 hc (5 12) 583-2601 Am'NTPW-~~-WMRMA wm.doucaandassociarc~.com Scole: 1'-60' Drawn by: A '~eviewa~ JSW ProJecb 001-402 Fshaet: 1 of 1 Fidd BOO^: 229 Porty Chief: JU Survey Dote: 11 /29/07 237 238 239 240 Legal Description Brazos County, Texas FN No. 08-0012f-Part 1 D&A Job No. 001-402 DESCRIPTION OF A TRACT OF LAND CONTAINING 0.8004 ACRE (34,864 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.8004 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID' NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING, at a Mag nail with '9oucef' washer found for an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase LI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93, (D.R.T.C.T.), from which a 2-inch iron pipe found for the common easterly corner of said Lot 3, and said Lot 4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, (R.o.w. varies), bears, S43 029'34"E, a distance of 197.66 feet; THENCE, along the common line of said Lot 4K and said Lot 3, S87°58'05"W, a distance of 16.48 feet to a calculated point for the southeast comer and POINT OF BEGINNING hereof; THENCE, continuing along the common line of said Lot 4K and said Lot 3, S87°58'05'W, a distance of 184.01 feet to a Mag nail with 'Doucetyy washer found for the southwesterly corner hereof, said point also being a common comer of said Lot 4K, and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, @.RB.C.T.), and being the southwest comer of said Lot 3; THENCE, along the west line of said Lot 3 and the east line of said Lot 4A, in part with the east line of Lot 4D, and in part with the east line of said Lot 4E, both of said Revised Plat of Lot 4, Block 15, N02°01'09"W, passing at a distance of 88.98 feet a Mag nail with "Doucet" washer found for the southeast comer of said Lot 4D and the west line of said Lot 3, also passing at a distance of 319.68 feet a Mag nail with "Doucet" washer found for the common east corner of said Lot 4D and Lot 4E and the west line of said Lot 3, for a total distance of 382.29 feet to a calculated point for the northwesterly comer hereof; fl Page 1 of 3 P:UIO 1 -402beyUegals\O8-0012fORevisededPart 1 .doc 241 THENCE, over and across said Lot 3, N87O58'51"E, a distance of 588.54 feet to a calculated point for the northeast comer hereof, said point also being in the east line of said Lot 3 and in the west line of a Drainage and Utility R0.w. as shown on the Revised Plat of Lots 1 and 2, Block 15, Southwood Plaza, Phase One, recorded in Volume 1212, Page 483,o.RB.C.T.); THENCE, along the common line of said Lot 3 and said Drainage and Utility Ro.w., S06"42'47"W, a distance of 12.77 feet to a 112-inch iron rod with "Doucet" cap found for a point of curvature hereof; TEENCE, continuing along the common line of said Lot 3 and said Drainage and Utility R.o.w., along a curve to the right, whose radius is 113.00 feet, whose delta is 06°25'14", whose arc length is 12.66 feet, and whose chord beats, S09"55'24'W, a distance of 12.66 feet to a calculated point for an exterior ell comer hereof; TBENCE, over and across said Lot 3, the following four (4) courses and distances: 1. S87O58'5 l'W, a distance of 538.98 feet to a calculated point for an interior ell corner hereof; 2. S02°01'09"E, a distance of 10.00 feet to a calculated point for an interior ell corner hereof; 3. N87°58'51"E, a distance of 494.58 feet to a calculated point for an angle point hereof; 4. S66°02'45"E, a distance of 37.32 feet to a calculated point for a point of curvature hereof, said point being in the east line of said Lot 3, and in the west line of said Drainage and Utility R.o.w.; TEENCE, along the common line of said Lot 3, and said Drainage and Utility R.o.w., along a curve to the right, whose radius is 1 13.00 feet, whose delta is 10°17'03", whose arc length is 20.28 feet, and whose chord bears, S32°45'40'W, a distance of 20.26 feet to a calculated point for an exterior ell corner hereof; Page 2 of 3 P:\001-402\smveyUegals\08-00 12f-Revised-Part 1 .doc 242 THENCE, over and across said Lot 3, the following six (6) courses and distances: 1. N66O02'46'W, a distance of 29.64 feet to a calculated point for an angle point hereof; 2. S87O58'5 lY7W, a. distance of 486.23 feet to a calculated point for an angle point hereof; 3. S68°43'30"W, a distance of 30.40 feet to a calculated point for an interior ell corner hereof; 4. S02°01'09"'E, a distance of 307.26 feet to a calculated point for an interior ell corner hereof; 5. N87°58'05"E, a distance of 164.00 feet to a calculated point for an interior ell comer hereof; 6. S02°01'55"E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.8004 acre (34,864 sq. ft.) of land, more or less. ?-/9-d8 Jason Ward, R.P.L.S. Daie ' / Texas Registration No. 58 1 1 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 . Austin, Texas 78735 Page 3 of 3 P:\O01402~eyUegals\O8-O012fgalsRevised-Part l.doc 243 VOL.. 1212, PG. 483 \ DOC #0741445 CURVE TABLE S09'55'24"W 12.66' Doucet & Associates, Inc. Austin, TX 78735, Phonc: (5 12) 583-2600 hr. (5 12) 583-260 1 244 Legal Description Brazos County, Texas FN No. 08-0012f-Part 1 D&A Job No. 001-402 DESCRIPTION OF A TRACT OF LAND CONTAINING 0.8004 ACRE (34,864 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.8004 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID' NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING, at a Mag nail with '9oucef' washer found for an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase LI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93, (D.R.T.C.T.), from which a 2-inch iron pipe found for the common easterly corner of said Lot 3, and said Lot 4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, (R.o.w. varies), bears, S43 029'34"E, a distance of 197.66 feet; THENCE, along the common line of said Lot 4K and said Lot 3, S87°58'05"W, a distance of 16.48 feet to a calculated point for the southeast comer and POINT OF BEGINNING hereof; THENCE, continuing along the common line of said Lot 4K and said Lot 3, S87°58'05'W, a distance of 184.01 feet to a Mag nail with 'Doucetyy washer found for the southwesterly corner hereof, said point also being a common comer of said Lot 4K, and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, @.RB.C.T.), and being the southwest comer of said Lot 3; THENCE, along the west line of said Lot 3 and the east line of said Lot 4A, in part with the east line of Lot 4D, and in part with the east line of said Lot 4E, both of said Revised Plat of Lot 4, Block 15, N02°01'09"W, passing at a distance of 88.98 feet a Mag nail with "Doucet" washer found for the southeast comer of said Lot 4D and the west line of said Lot 3, also passing at a distance of 319.68 feet a Mag nail with "Doucet" washer found for the common east corner of said Lot 4D and Lot 4E and the west line of said Lot 3, for a total distance of 382.29 feet to a calculated point for the northwesterly comer hereof; fl Page 1 of 3 P:UIO 1 -402beyUegals\O8-0012fORevisededPart 1 .doc 245 THENCE, over and across said Lot 3, N87O58'51"E, a distance of 588.54 feet to a calculated point for the northeast comer hereof, said point also being in the east line of said Lot 3 and in the west line of a Drainage and Utility R0.w. as shown on the Revised Plat of Lots 1 and 2, Block 15, Southwood Plaza, Phase One, recorded in Volume 1212, Page 483,o.RB.C.T.); THENCE, along the common line of said Lot 3 and said Drainage and Utility Ro.w., S06"42'47"W, a distance of 12.77 feet to a 112-inch iron rod with "Doucet" cap found for a point of curvature hereof; TEENCE, continuing along the common line of said Lot 3 and said Drainage and Utility R.o.w., along a curve to the right, whose radius is 113.00 feet, whose delta is 06°25'14", whose arc length is 12.66 feet, and whose chord beats, S09"55'24'W, a distance of 12.66 feet to a calculated point for an exterior ell comer hereof; TBENCE, over and across said Lot 3, the following four (4) courses and distances: 1. S87O58'5 l'W, a distance of 538.98 feet to a calculated point for an interior ell corner hereof; 2. S02°01'09"E, a distance of 10.00 feet to a calculated point for an interior ell corner hereof; 3. N87°58'51"E, a distance of 494.58 feet to a calculated point for an angle point hereof; 4. S66°02'45"E, a distance of 37.32 feet to a calculated point for a point of curvature hereof, said point being in the east line of said Lot 3, and in the west line of said Drainage and Utility R.o.w.; TEENCE, along the common line of said Lot 3, and said Drainage and Utility R.o.w., along a curve to the right, whose radius is 1 13.00 feet, whose delta is 10°17'03", whose arc length is 20.28 feet, and whose chord bears, S32°45'40'W, a distance of 20.26 feet to a calculated point for an exterior ell corner hereof; Page 2 of 3 P:\001-402\smveyUegals\08-00 12f-Revised-Part 1 .doc 246 THENCE, over and across said Lot 3, the following six (6) courses and distances: 1. N66O02'46'W, a distance of 29.64 feet to a calculated point for an angle point hereof; 2. S87O58'5 lY7W, a. distance of 486.23 feet to a calculated point for an angle point hereof; 3. S68°43'30"W, a distance of 30.40 feet to a calculated point for an interior ell corner hereof; 4. S02°01'09"'E, a distance of 307.26 feet to a calculated point for an interior ell corner hereof; 5. N87°58'05"E, a distance of 164.00 feet to a calculated point for an interior ell comer hereof; 6. S02°01'55"E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.8004 acre (34,864 sq. ft.) of land, more or less. ?-/9-d8 Jason Ward, R.P.L.S. Daie ' / Texas Registration No. 58 1 1 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 . Austin, Texas 78735 Page 3 of 3 P:\O01402~eyUegals\O8-O012fgalsRevised-Part l.doc 247 VOL.. 1212, PG. 483 \ DOC #0741445 CURVE TABLE S09'55'24"W 12.66' Doucet & Associates, Inc. Austin, TX 78735, Phonc: (5 12) 583-2600 hr. (5 12) 583-260 1 248 249 250 251 Legal Description Brazos County, Texas FN No. 08-0012f-Part 3 D&A Job NO. 001-402 DESCRTPTION OF A TRACT OF LAND CONTAINING 0.1217 ACRE (5,301 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.1217 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLAME COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO . SURFACE USING A COMBMD SCALE FACTOR OF 1.000107026389): COMMENCING, at a Mag nail with with"Doucet" washer found for an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase 11, of Southwood Plaza Subdivision, recorded in Volume 21 53, Page 93, (D.R.T.C.T.), from which a 2-inch iron pipe found for the common easterly comer of said Lot 3, and said Lot 4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, CfL0.w. varies), bears, S43"29'34"E, a distance of 197.66 feet, also from which a Mag nail with "Doucet" washer found for the northerly common corner of said Lot 4% and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, (D.R.B.C.T.), and being the southwest comer of said Lot 3, bears, S87"58'05'W, a distance of 200.49 feet; THENCE, over and across said Lot 3, N58'55'42"E, a distance of ,2232 feet to a calculated point in a west line of a variable width Utility Easemenf as shown on said Correction Plat of Southwood Plaza, for the southwest corner and POINT OF BEGINNING hereof; THENCE, over and across said Lot 3 the following six (6) courses and distances: 1. with a west line of said Utility Easement, N02"01'09'W, a distance of 49.17 feet to a calculated point for an exterior ell-comer of said Utility Easement and the northwest comer hereof; 2. with a north line of said Utility Easement, N87°58'05''Ei, a distance of 83.72 feet to a calculated point for an interior ell-comer of said Utility Easement and an interior ell- comer hereof, Page 1 of 2 P:\001-402heyUegals\08-0012fyuRcvisededPart 3.doc 252 3. with a west line of said Utility Easement, NOZOO1 '09"W, a distance of 10.00 feet to a calculated point for an exterior ell-corner of said Utility Easement and an exterior ell- comer hereo$ 4. with a north line of said Utility Easement, N87"58'05"E, a distance of 20.00 feet to a calculated point for an exterior ell corner of said Utility Easement and the northeast comer hereof, 5. with an east line of said Utility Easement, S02O01'09"E, a distance of 59.19 feet to a calculated point for the southeast corner hereof, and 6. over and across said Utility Easement, and continuing over and across said Lot 3, S87"58'45"W, a distance of 103.72 feet to the POINT OF BEGINNING and containing 0.1217 acre (5,301 sq. ft.) of land, more or less. Jason Ward, RP.L.S. / Texas Registration No. 58 1 1 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402heyUegals\08-00 12f-Revised-Part 3 .doc 253 FN #OB-O012fJerl 3 I DA.B.CT. 4 I I DO~C g/lg/mo8 Scole: 1'-100' Drown by: a Reviewer. JSW Project: 001-402 shsat: i of 1 Field Bo* 229 Party Chief: JM Survey ~ote: 11 /29/07 0.1217 ACRE PORION OF A VARIABLE WIDTH UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUW, TD(AS P:\001-402\survcy\DA~dmwings\W1-402 vocote-wioble UE-port ldwg Doucet & Associates, I~c. 7401 B Hwy. 71 West, Suk I60 Aurdn, TX 78735. Phonr (5 12) 583-2600 ~ix (5 12) 583-260 I AUSThL~-~rUQMMlSEm-~CAUKMHlr www.doucetandassocia~s.com 254 Legal Description Brazos County, Texas FN No. 08-0012f-Part 3 D&A Job NO. 001-402 DESCRTPTION OF A TRACT OF LAND CONTAINING 0.1217 ACRE (5,301 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.1217 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLAME COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO . SURFACE USING A COMBMD SCALE FACTOR OF 1.000107026389): COMMENCING, at a Mag nail with with"Doucet" washer found for an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase 11, of Southwood Plaza Subdivision, recorded in Volume 21 53, Page 93, (D.R.T.C.T.), from which a 2-inch iron pipe found for the common easterly comer of said Lot 3, and said Lot 4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, CfL0.w. varies), bears, S43"29'34"E, a distance of 197.66 feet, also from which a Mag nail with "Doucet" washer found for the northerly common corner of said Lot 4% and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, (D.R.B.C.T.), and being the southwest comer of said Lot 3, bears, S87"58'05'W, a distance of 200.49 feet; THENCE, over and across said Lot 3, N58'55'42"E, a distance of ,2232 feet to a calculated point in a west line of a variable width Utility Easemenf as shown on said Correction Plat of Southwood Plaza, for the southwest corner and POINT OF BEGINNING hereof; THENCE, over and across said Lot 3 the following six (6) courses and distances: 1. with a west line of said Utility Easement, N02"01'09'W, a distance of 49.17 feet to a calculated point for an exterior ell-comer of said Utility Easement and the northwest comer hereof; 2. with a north line of said Utility Easement, N87°58'05''Ei, a distance of 83.72 feet to a calculated point for an interior ell-comer of said Utility Easement and an interior ell- comer hereof, Page 1 of 2 P:\001-402heyUegals\08-0012fyuRcvisededPart 3.doc 255 3. with a west line of said Utility Easement, NOZOO1 '09"W, a distance of 10.00 feet to a calculated point for an exterior ell-corner of said Utility Easement and an exterior ell- comer hereo$ 4. with a north line of said Utility Easement, N87"58'05"E, a distance of 20.00 feet to a calculated point for an exterior ell corner of said Utility Easement and the northeast comer hereof, 5. with an east line of said Utility Easement, S02O01'09"E, a distance of 59.19 feet to a calculated point for the southeast corner hereof, and 6. over and across said Utility Easement, and continuing over and across said Lot 3, S87"58'45"W, a distance of 103.72 feet to the POINT OF BEGINNING and containing 0.1217 acre (5,301 sq. ft.) of land, more or less. Jason Ward, RP.L.S. / Texas Registration No. 58 1 1 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402heyUegals\08-00 12f-Revised-Part 3 .doc 256 FN #OB-O012fJerl 3 I DA.B.CT. 4 I I DO~C g/lg/mo8 Scole: 1'-100' Drown by: a Reviewer. JSW Project: 001-402 shsat: i of 1 Field Bo* 229 Party Chief: JM Survey ~ote: 11 /29/07 0.1217 ACRE PORION OF A VARIABLE WIDTH UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUW, TD(AS P:\001-402\survcy\DA~dmwings\W1-402 vocote-wioble UE-port ldwg Doucet & Associates, I~c. 7401 B Hwy. 71 West, Suk I60 Aurdn, TX 78735. Phonr (5 12) 583-2600 ~ix (5 12) 583-260 I AUSThL~-~rUQMMlSEm-~CAUKMHlr www.doucetandassocia~s.com 257 258 259 260 Legal Description Brazos County, Texas F'N No. 08-0012f-Part 2 D&A Job No. 001-402 EXHIBIT "A7' DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0759 ACRE (3,306 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BWS COUNTY, TEXAS, @.RB.C.T.), AND BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.0759 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): BEGINNING at a calculated point in the northwest Right-of-way line of Brothers Boulevard (R.o.w. varies), and being a point in the southeast line of said Lot 3, for the northeast corner and POINT OF BEGINNING hereof, from which a 2-inch iron pipe found in the northeast Right- of-Way line of said Brothers Boulevard, and the south line of said Lot 3, bears along a curve to the right, whose radius is 292.70 feet, whose delta is 09'54'1 I", whose arc length is 50.59 feet, and whose chord bears, N70°09'5 1 "E, a distance of 50.53 feet; THENCE, along the northwest Right-of-way line of said Brothers Boulevard, and the south line of said Lot 3, along a curve to the left, whose radius is 292.70 feet, whose delta is 05O54'21", whose arc length is 30.17 f"ett, and whose chord bears, S62°15'35'W, a distance of 30.16 feet to a calculated point for the southeast comer hereof, fiom which a 2-inch iron pipe found at the common southerly corner of said Lot 3, and the Lot 4K of the Replat of Lot 4B, Block 15, Phase XI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93 @.RB.C.T.), bears the following two (2) courses and distances: along a curve to the left., whose radius is 292.70 feet, whose arc length is 65.13 feet, and whose chord bears 552"55'55"W, a distance of 65.00 feet to a calculated point and, S46'30'26"WY a distance of 97.86 feet; THENCE, departing the northwest Right-of-way line of said Brothers Boulevard, over and across said Lot 3, the following five (5) courses and distances: 1. along a south line of said variable width utility easement, N76'11'45"WY a distance of 95.62 feet to a calculated point for an angle point hereof; 2. continuing along a south line of said easement, S87'58'05'W, a distance of 42.39 feet to a calculated point for the southwest comer hereof; 3. over and across said easement, N01°41'06'W, a distance of 29.92 feet to a calculated point for the northwest comer hereof; Page 1 of 2 P:\001402\surveyllegals\08-0012f-Revised-Part 2.doc 261 4. along a north line of said easement, N87O58'05"E, a distance of 10.00 feet to a calculated point for an angle point here05 and; 5. continuing along a north line of said easement, S76°11'45''E, a distance of 157.34 feet to the POINT OF BEGINNING and containing 0.0759 acre (3,306 sq. R) of land, more or less. n Ward, R.P.L.S. No. 581 1 Date Doucet & Associates Inc. 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402heflegals\08-0012fyzrR~-Part 2.doc 262 UNE TABLE NO. BEARING DISTANCE Ll N767 1'45"W 95.62' - L2 S87'58'05"W 42.39' . L3 N01'41'06"W 29.92' L4 N87'58'05"E 10.00' L5 S7671'45"E 1 57.34' ---- POINT OF BEGINNING \ DOC.#O741445 Doucet & Associates, Inc. P:\001-402\swy\O4_drowings\OO1-402 wcotc-vorloble ULport Zdwg I i - 263 Legal Description Brazos County, Texas F'N No. 08-0012f-Part 2 D&A Job No. 001-402 EXHIBIT "A7' DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0759 ACRE (3,306 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BWS COUNTY, TEXAS, @.RB.C.T.), AND BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.0759 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): BEGINNING at a calculated point in the northwest Right-of-way line of Brothers Boulevard (R.o.w. varies), and being a point in the southeast line of said Lot 3, for the northeast corner and POINT OF BEGINNING hereof, from which a 2-inch iron pipe found in the northeast Right- of-Way line of said Brothers Boulevard, and the south line of said Lot 3, bears along a curve to the right, whose radius is 292.70 feet, whose delta is 09'54'1 I", whose arc length is 50.59 feet, and whose chord bears, N70°09'5 1 "E, a distance of 50.53 feet; THENCE, along the northwest Right-of-way line of said Brothers Boulevard, and the south line of said Lot 3, along a curve to the left, whose radius is 292.70 feet, whose delta is 05O54'21", whose arc length is 30.17 f"ett, and whose chord bears, S62°15'35'W, a distance of 30.16 feet to a calculated point for the southeast comer hereof, fiom which a 2-inch iron pipe found at the common southerly corner of said Lot 3, and the Lot 4K of the Replat of Lot 4B, Block 15, Phase XI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93 @.RB.C.T.), bears the following two (2) courses and distances: along a curve to the left., whose radius is 292.70 feet, whose arc length is 65.13 feet, and whose chord bears 552"55'55"W, a distance of 65.00 feet to a calculated point and, S46'30'26"WY a distance of 97.86 feet; THENCE, departing the northwest Right-of-way line of said Brothers Boulevard, over and across said Lot 3, the following five (5) courses and distances: 1. along a south line of said variable width utility easement, N76'11'45"WY a distance of 95.62 feet to a calculated point for an angle point hereof; 2. continuing along a south line of said easement, S87'58'05'W, a distance of 42.39 feet to a calculated point for the southwest comer hereof; 3. over and across said easement, N01°41'06'W, a distance of 29.92 feet to a calculated point for the northwest comer hereof; Page 1 of 2 P:\001402\surveyllegals\08-0012f-Revised-Part 2.doc 264 4. along a north line of said easement, N87O58'05"E, a distance of 10.00 feet to a calculated point for an angle point here05 and; 5. continuing along a north line of said easement, S76°11'45''E, a distance of 157.34 feet to the POINT OF BEGINNING and containing 0.0759 acre (3,306 sq. R) of land, more or less. n Ward, R.P.L.S. No. 581 1 Date Doucet & Associates Inc. 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402heflegals\08-0012fyzrR~-Part 2.doc 265 UNE TABLE NO. BEARING DISTANCE Ll N767 1'45"W 95.62' - L2 S87'58'05"W 42.39' . L3 N01'41'06"W 29.92' L4 N87'58'05"E 10.00' L5 S7671'45"E 1 57.34' ---- POINT OF BEGINNING \ DOC.#O741445 Doucet & Associates, Inc. P:\001-402\swy\O4_drowings\OO1-402 wcotc-vorloble ULport Zdwg I i - 266 267 268 269 Legal Description Brazos County, Texas FlV No. 08-0012cR D&A Job No. 001-402 EXHIBIT "An DESCRIPTION .OF A TRACT OF LAND CONTAINING 0.8085 ACRE (35,219 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II OF SOUTHWOOD PLAZA SUBDMSION, RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF LOT 4A, LOT 4D, AM) LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, D.R.B.C.T., AND BEING A PORTION OF A DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, BLOCK 15, PHASE n OF SOUTHWOOD PLAZA SUBDIVISION, AND SAID CORRECTION PLAT OF SOUTHWOOD PLAZA, SAID 0.8085 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CEN- ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucetyy washer found for the northeast corner of said Lot 4E, and being a point in the west line of Lot 3, Block 15, of the Correction Plat of Southwood Plaza, Phase One, recorded in Volume 1046, Page 591, D.R.B.C.T., also being the southeast comer of Lot 4F of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, fiom which a Zinch iron pipe found for the northwesterly corner of said Lot 3, and being a point in the south Right-of-way line of Harvey Mitchell Parkway South, (aka. F.M. 281 8), (R.o.w. varies), also being the northeast comer of said Lot 4F, bears, NOZOO1 'OYW, a distance of 175.65 feet; THENCE, with the west line of said Lot 3, and the east line of said Lot 4E, S02°01'09'yE, a distance of 25.00 feet to a calculated point for the northeast comer hereof, for the POINT OF BEGINNING hereof; THENCE, with the west line of said Lot 3, in part with the cast line of said Lot 4E, in part with the east line of said Lot 4D, and in part with an east line of said Lot 4A, S02°01'0!9"E, a distance of 648.87 feet to a Mag nail with "Doucet" washer found for an interior ell-comer hereof, said point the easterly north comer of said Lot 4K, being the east corner of Lot 44 and the southwesterly most comer of said Lot 3; Page 1 of 2 P:\OOl-402hveflegals\08-0012ce~ed.doc 270 THENCE, with the common line of said Lot 3 and said Lot 4K, N87°58'05"E, a distance of 13.63 feet to a calculated point for an exterior ell-comer hereof; THENCE, leaving the south line of said Lot 3, in part over and across said Lots 4K and 4J, both of said Replat of Lot 4B, Block 15, Phase I1 of Southwood Plaza Subdivision, and in part over and across said Lots 4A, 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following five (5) courses and distances: 1. with the east line of said Drainage and Utility Easement, S03O12' 17"E, a distance of 365.51 feet to a calculated point for the southeast corner hereof, 2. S86O47'43'WW, a distance of 40.00 feet to a calculated point for the southwest corner hereof, said point being in the east line of said Drainage and Utility Easement, 3. with the west line of said Drainage and Utility Easement, N03O12'17'W, a distance of 799.72 feet t0.a calculated point for an angle point hereof; 4. with the west line of said Drainage and Utility Easement, N00°59'17'W, a distance of 216.17 feet to a calculated point for the northwest corner hereof; 5. over and across said Drainage and Utility Easemeit, N89O00'43"E, a distance of 31.46 feet to the POINT OF BEGINNING and containing 0.8085 acre (35,219 sq. ft.) of land, more or less. Texas Registration No. 5 8 1 1 Doucet &~ssociates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Date Page 2 of 2 P:\00 1-402megals\08-0012~-R&d.doc 271 .I, .. .' &ltL+ A Crc+ 3 &3 REVISED PLAT OF TWAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), NAD83 (CORS), AIL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389. EASEMENT UNE - - - EXISTING PROPERTY UNES --- EXISTING EASEMENTS 1/2" IRON ROD FWND (UNLESS NOTED) 2" IRON PIPE FWND 1 (UNLESS NOTED) CALCULATED POINT MAG NAIL WM "DWCET" WASHER FOUND VDL VOLUME RIGHT-OF-WAY D.R.B.C.T. DEED RECORDS. BRAZOS COUNlY, TEXAS FN m~-mzc~ Dote: 9/18/2008 0.8085 ACRE PORTION OF SCO~C: 1 "=15o' DRAI NAG€ AND UTILITY Drown by: JL Doucet & Associates, Inc. ~ewewer: JSW 7401 6 Hwy. 71 Wm Suite 160 Project: 001-402 WEMENTToBEVACATED Mn,~7*~,fiw(SI,~26~k(5,2)~~,, hmk err/ OF COLlKE STATION, ndd Book: 229 BRAZOS COUNTY, TEXAS AUSRL~-~PTOEC~-R~ WPORNA Porty Chief: JLI www.doucetandassoclans.com Survey Date: 11/29/07 P:\001-402\sumy\DA4mwings\001-402 uocate-gar msernent_ravlsed.dwg 272 Legal Description Brazos County, Texas FlV No. 08-0012cR D&A Job No. 001-402 EXHIBIT "An DESCRIPTION .OF A TRACT OF LAND CONTAINING 0.8085 ACRE (35,219 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II OF SOUTHWOOD PLAZA SUBDMSION, RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF LOT 4A, LOT 4D, AM) LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, D.R.B.C.T., AND BEING A PORTION OF A DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, BLOCK 15, PHASE n OF SOUTHWOOD PLAZA SUBDIVISION, AND SAID CORRECTION PLAT OF SOUTHWOOD PLAZA, SAID 0.8085 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CEN- ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucetyy washer found for the northeast corner of said Lot 4E, and being a point in the west line of Lot 3, Block 15, of the Correction Plat of Southwood Plaza, Phase One, recorded in Volume 1046, Page 591, D.R.B.C.T., also being the southeast comer of Lot 4F of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, fiom which a Zinch iron pipe found for the northwesterly corner of said Lot 3, and being a point in the south Right-of-way line of Harvey Mitchell Parkway South, (aka. F.M. 281 8), (R.o.w. varies), also being the northeast comer of said Lot 4F, bears, NOZOO1 'OYW, a distance of 175.65 feet; THENCE, with the west line of said Lot 3, and the east line of said Lot 4E, S02°01'09'yE, a distance of 25.00 feet to a calculated point for the northeast comer hereof, for the POINT OF BEGINNING hereof; THENCE, with the west line of said Lot 3, in part with the cast line of said Lot 4E, in part with the east line of said Lot 4D, and in part with an east line of said Lot 4A, S02°01'0!9"E, a distance of 648.87 feet to a Mag nail with "Doucet" washer found for an interior ell-comer hereof, said point the easterly north comer of said Lot 4K, being the east corner of Lot 44 and the southwesterly most comer of said Lot 3; Page 1 of 2 P:\OOl-402hveflegals\08-0012ce~ed.doc 273 THENCE, with the common line of said Lot 3 and said Lot 4K, N87°58'05"E, a distance of 13.63 feet to a calculated point for an exterior ell-comer hereof; THENCE, leaving the south line of said Lot 3, in part over and across said Lots 4K and 4J, both of said Replat of Lot 4B, Block 15, Phase I1 of Southwood Plaza Subdivision, and in part over and across said Lots 4A, 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following five (5) courses and distances: 1. with the east line of said Drainage and Utility Easement, S03O12' 17"E, a distance of 365.51 feet to a calculated point for the southeast corner hereof, 2. S86O47'43'WW, a distance of 40.00 feet to a calculated point for the southwest corner hereof, said point being in the east line of said Drainage and Utility Easement, 3. with the west line of said Drainage and Utility Easement, N03O12'17'W, a distance of 799.72 feet t0.a calculated point for an angle point hereof; 4. with the west line of said Drainage and Utility Easement, N00°59'17'W, a distance of 216.17 feet to a calculated point for the northwest corner hereof; 5. over and across said Drainage and Utility Easemeit, N89O00'43"E, a distance of 31.46 feet to the POINT OF BEGINNING and containing 0.8085 acre (35,219 sq. ft.) of land, more or less. Texas Registration No. 5 8 1 1 Doucet &~ssociates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Date Page 2 of 2 P:\00 1-402megals\08-0012~-R&d.doc 274 .I, .. .' &ltL+ A Crc+ 3 &3 REVISED PLAT OF TWAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), NAD83 (CORS), AIL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389. EASEMENT UNE - - - EXISTING PROPERTY UNES --- EXISTING EASEMENTS 1/2" IRON ROD FWND (UNLESS NOTED) 2" IRON PIPE FWND 1 (UNLESS NOTED) CALCULATED POINT MAG NAIL WM "DWCET" WASHER FOUND VDL VOLUME RIGHT-OF-WAY D.R.B.C.T. DEED RECORDS. BRAZOS COUNlY, TEXAS FN m~-mzc~ Dote: 9/18/2008 0.8085 ACRE PORTION OF SCO~C: 1 "=15o' DRAI NAG€ AND UTILITY Drown by: JL Doucet & Associates, Inc. ~ewewer: JSW 7401 6 Hwy. 71 Wm Suite 160 Project: 001-402 WEMENTToBEVACATED Mn,~7*~,fiw(SI,~26~k(5,2)~~,, hmk err/ OF COLlKE STATION, ndd Book: 229 BRAZOS COUNTY, TEXAS AUSRL~-~PTOEC~-R~ WPORNA Porty Chief: JLI www.doucetandassoclans.com Survey Date: 11/29/07 P:\001-402\sumy\DA4mwings\001-402 uocate-gar msernent_ravlsed.dwg 275 276 277 278 Legal Description Brazos County, Texas FN No. 08-0012eR D&A Job No. 001402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2874 AClRE (12,521 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 44 LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF A VARIABLE WIDTH DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, SAID 0.2874 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with c'Doucet" washer found for the southwest corner of Lot 4F of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, and being an interior ell- comer of said Lot 4A, said point also being a point in the south line of a 20-foot wide Utility Easement as recorded in Volume 1203, Page 143, D.R.B.C.T., from which a 112-inch iron rod found at an angle point in the west line of said Lot 4F, also being an angle point in the northeast line of said Lot 4A, bears, N23"08'34'W, a distance of 50.00 feet; THENCE, departing the southwest corner of said Lot 4F, and the interior ell comer of said Lot 44 and the south line of a 20-foot wide Utility Easement, over and across said Lot 44 with the west line of said Drainage and Utility Easement, S25°50'27"E7 a distance of 25.03 feet to a calculated point for the northwest corner and POINT OF BEGINNING hereof, TBENCE, in part over and across said Lots 44 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following ten (1 0) courses and distances: over and across said Drainage and Utility Easement, N66O51'26"E, a distance of 20.02 feet to a calculated point for the northeast comer hereof, with the east line of said Drainage and Utility Easement, S25O50'27''EE, a distance of 277.07 feet to a calculated point for an angle point hereof, N87'54'48"E, a distance of 32.76 feet to a calculated point for an angle point hereoc said point being in the west line of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, D.R.B.C.T., Page 1 of 2 PA001 -402keflegals\08-0012ttRtviseddoc 279 4. with the west line of said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, S03°10'50'yE, a distance of 58.84 feet to a calculated point for the southeast corner hereof, and being the beginning of a non-tangent curve to the left, 5. 27.40 feet along the arc of said curve to the left, having a radius of 190.00 feet, through a central angle of 08"15'51", whose chord bears, S68"16'319W, a distance of 27.38 feet to a calculated point for the southerly most corner hereof 6. N25O50'27'W, a distance of 40.79 feet to a calculated point for an interior ell- comer hereof, 7. S53"49'29'W, a distance of 94.62 feet to a calculated point for the southwestern comer hereof, 8. over and across said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, N29"30'25'W, a distance of 47.74 feet, 9. N55°10'54"E, a distance of 97.33 feet to a calculated point for an interior ell- comer hereof, said point being in the west line of said Drainage and Utility Easement, and 10. with the west line of said Drainage and Utility Easement, N25°50'27'W, a distance of 256.90 feet to the POINT OF BEGINNING and containing 0.2874 acre (12,521 sq. R) of land, more or less. 49 /-~ Texas ason Ward, Registration R.P.L.S. No. 58 1 1 Doucet & Associates hc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402\surveyUegals\08-O012e1R~.doc 280 281 Legal Description Brazos County, Texas FN No. 08-0012eR D&A Job No. 001402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2874 AClRE (12,521 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 44 LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF A VARIABLE WIDTH DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, SAID 0.2874 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with c'Doucet" washer found for the southwest corner of Lot 4F of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, and being an interior ell- comer of said Lot 4A, said point also being a point in the south line of a 20-foot wide Utility Easement as recorded in Volume 1203, Page 143, D.R.B.C.T., from which a 112-inch iron rod found at an angle point in the west line of said Lot 4F, also being an angle point in the northeast line of said Lot 4A, bears, N23"08'34'W, a distance of 50.00 feet; THENCE, departing the southwest corner of said Lot 4F, and the interior ell comer of said Lot 44 and the south line of a 20-foot wide Utility Easement, over and across said Lot 44 with the west line of said Drainage and Utility Easement, S25°50'27"E7 a distance of 25.03 feet to a calculated point for the northwest corner and POINT OF BEGINNING hereof, TBENCE, in part over and across said Lots 44 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following ten (1 0) courses and distances: over and across said Drainage and Utility Easement, N66O51'26"E, a distance of 20.02 feet to a calculated point for the northeast comer hereof, with the east line of said Drainage and Utility Easement, S25O50'27''EE, a distance of 277.07 feet to a calculated point for an angle point hereof, N87'54'48"E, a distance of 32.76 feet to a calculated point for an angle point hereoc said point being in the west line of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, D.R.B.C.T., Page 1 of 2 PA001 -402keflegals\08-0012ttRtviseddoc 282 4. with the west line of said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, S03°10'50'yE, a distance of 58.84 feet to a calculated point for the southeast corner hereof, and being the beginning of a non-tangent curve to the left, 5. 27.40 feet along the arc of said curve to the left, having a radius of 190.00 feet, through a central angle of 08"15'51", whose chord bears, S68"16'319W, a distance of 27.38 feet to a calculated point for the southerly most corner hereof 6. N25O50'27'W, a distance of 40.79 feet to a calculated point for an interior ell- comer hereof, 7. S53"49'29'W, a distance of 94.62 feet to a calculated point for the southwestern comer hereof, 8. over and across said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, N29"30'25'W, a distance of 47.74 feet, 9. N55°10'54"E, a distance of 97.33 feet to a calculated point for an interior ell- comer hereof, said point being in the west line of said Drainage and Utility Easement, and 10. with the west line of said Drainage and Utility Easement, N25°50'27'W, a distance of 256.90 feet to the POINT OF BEGINNING and containing 0.2874 acre (12,521 sq. R) of land, more or less. 49 /-~ Texas ason Ward, Registration R.P.L.S. No. 58 1 1 Doucet & Associates hc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402\surveyUegals\08-O012e1R~.doc 283 284 December 11, 2008 Regular Agenda Item No. 7 Public Hearing and Consideration of Budget Amendment # 1 To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #1 amending ordinance number 3114 which will amend the budget for the 2008-2009 Fiscal Year and authorizing amended expenditures in the amount of $13,711,589. Recommendation(s): Staff recommends the City Council hold the public hearing on Budget Amendment #1, and approve the budget amendment ordinance. Summary: The proposed budget amendment is to increase the appropriations for the items listed below by $13,711,589. The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover increased expenditures and after holding a public hearing on such budget amendment. A number of items have been identified that need to be considered in a budget amendment. Attached is a list of the items in the proposed budget amendment. Budget & Financial Summary: The City has resources or can reasonably expect resources to cover each of the appropriations in this budget amendment. Attachments: 1. Budget Amendment #1 Detail List 2. Ordinance 285 Fiscal Year 2008-2009 Budget Amendment #1 The proposed budget amendment is to increase the appropriations for the items listed below by $13,711,589. 1. 2008 GOB Projects: $9,723,000 On November 4, 2008, City of College Station voters approved a General Obligation Bond package in the amount of $76,950,000. The projects included in the bond package are projected to be completed over a period of seven years. This item will appropriate the funds that are anticipated to be needed in year one (FY09). General Obligation Bond funds are projected to be issued for each of these projects later this fiscal year. Below is a summary the appropriations needed for the projects that are anticipated to begin in FY09: Fire Station #6: $6,990,000 The total budget for this project is $6,990,000. It is anticipated that $720,000 will be expended on design in FY09 and the balance will be expended in FY10 on construction. As it is likely this project will be delivered as a Construction Manager at Risk project, meaning design and construction will be brought forth to Council at one time, the total budget for the project is being appropriated as part of this budget amendment. This item will appropriate the budget for this project in the General Government Facilities and Technology Capital Improvement Projects Fund. Skate Park: $920,000 The total budget for this project is $920,000. It is anticipated that $105,000 of these funds will be expended on design in FY09 and the balance will be expended in FY10 on construction. As it is likely this project will be delivered as a Construction Manager at Risk project, meaning design and construction will be brought forth to Council at one time, the total budget for the project is being appropriated as part of this budget amendment. This item will appropriate this portion of the budget for this project in the Parks Capital Improvement Projects Fund. Creekview Neighborhood Park: $515,000 The total budget for this project is $515,000. It is anticipated that these funds will be expended in FY09. This item will appropriate the budget for this project in the Parks Capital Improvement Projects Fund. Neighborhood Parks Revolving Fund: $500,000 The total budget for this project is $1,000,000. It is anticipated that $500,000 of these funds will be expended in FY09 and the balance will be expended in FY10. This item will appropriate this portion of the budget for this project in the Parks Capital Improvement Projects Fund. Neighborhood Park Improvements: $290,000 The total budget for this project is $900,000. It is anticipated that $290,000 of these funds will be expended in FY09 on the first phase of park improvements. This item will appropriate this portion of the budget for this project in the Parks Capital Improvement Projects Fund. Hike and Bike Trail Completion: $333,000 The total budget for this project is $1,000,000. It is anticipated that $333,000 of these funds will be expended in FY09 and the balance will be expended in FY10 and FY11. This item will appropriate this portion of the budget for this project in the Streets Capital Improvement Projects Fund. 286 Victoria Avenue: $175,000 The total budget for this project is $2,455,000. It is anticipated that $175,000 of these funds will be expended on design in FY09 and the balance will be expended in FY10 and FY11 on construction. This item will appropriate this portion of the budget for this project in the Streets Capital Improvement Projects Fund. 2. Convention Center Land Purchase: $2,600,000 On October 23, 2008, Council approved a real estate contract in the amount of $9,600,000 for the purchase of the Chimney Hills shopping center. The site is proposed for a future Convention Center. $7,000,000 for the acquisition is being funded from the FY09 Hotel Occupancy Tax Fund. The additional $2,600,000 will be funded from Certificates of Obligation scheduled to be issued later this fiscal year. $7,000,000 has been appropriated in FY09 in the Convention Center Fund. This item will appropriate the remaining $2,600,000 in the Convention Center Fund. 3. Proposed Convention Center Site - Operations and Maintenance: $150,000 On October 23, 2008, Council approved a real estate contract in the amount of $9,600,000 for the purchase of the Chimney Hills shopping center. The site is proposed for a future Convention Center. This budget amendment item is for operations and maintenance (O&M) costs for the facilities that currently exist on the property. There are several businesses on the property with outstanding leases. The O&M costs may include utility costs, property management costs and the cost of the addition of a new roof on the portion of the facility that will remain once the Convention Center is completed. Estimates of the O&M costs are preliminary and an additional FY09 budget amendment item may be brought forth to Council in the future for additional anticipated expenses. It is expected that the cost of the O&M for the site will be recovered through lease revenue generated from current tenants. This item will appropriate funds in the Convention Center Fund for the O&M costs related to the facility. 4. Equipment Replacement Purchase (Fire pumper & WWTP slinger truck); $561,000 The Fire Suppression division requests $525,000 be re-appropriated to purchase a fire pumper truck that was originally scheduled for replacement in FY07. The funds were encumbered at the end of FY07, but were unable to be spent because American LaFrance Pumper filed for bankruptcy in 2008. The funds were not able to be encumbered or spent in FY08. Funds are available for this item in the Equipment Replacement Fund balance. In addition, the regular replacement cost of the WWTP slinger truck is expected to exceed budget estimates by $75,000; this purchase is partially offset by savings from the replacement cost of a Sanitation brush truck, which should be under budget by $39,000. The net funds necessary for this purchase is $36,000, which is available in the Equipment Replacement Fund balance. 5. Economic Development Comprehensive Plan (DS0603): $100,000 FY08 funds appropriated in the Economic Development fund for the Economic Development portion of the Comprehensive Plan, administered by Planning and Development Services, were not transferred because the work was not completed in FY08. Funds will be transferred from the Economic Development Fund to the General Fund for expenditure. This item will appropriate funds in both the Economic Development Fund and the Development Services department in the General Fund to complete the project ($50,000 will be appropriated in each fund). 6. First Street Maintenance Funds $104,498 Economic Development has acquired the maintenance portion of City-owned property on First Street. Funds are requested in the Economic Development Fund for asbestos abatement and demolition ($48,588), site work ($43,910), and mowing maintenance 287 ($12,000) on the property. This item will appropriate funds in the Economic Development fund for the maintenance of the property. Funds are available in the Economic Development Fund. In addition, capital improvement funds from the Northgate Improvements Fund will be used to provide a fence around this property; this portion of the project is estimated at $25,000. 7. Trade Show Display: $6,500 The trade show display is a tool to promote the City of College Station and the Department of Economic and Community Development. Additionally, the display will be used in support of local retailers and retail development. Funds will be used for the development and printing of promotional material ($3,000) and for the purchase of the graphic design ($3,500) for the professional booth/display that was bought during FY08. This budget amendment is requested to allow for the purchase of these services and materials in FY 09. Funds are available for this item in the General Fund. 8. Fiscal Impact Modeling training: $5,000 Fiscal Impact Modeling software allows the City to evaluate the fiscal impact of development, incentive proposals, land / development regulations, and tax / fee impacts on the local development of the community. The original proposal submitted for the Impact Modeling Software project included training ($5,000) following the development of the local retail database. Once the local retail database is in place, representatives from the vendor can train our staff on the full capabilities of the software package. These training expenses will allow the vendor to develop training tailored specifically to COCS projects. This budget amendment is requested to allow for the purchase of this training in FY09. Funds are available in the General Fund for this purchase. 9. Water Pressure Reducing Device: $50,000 In FY08, an SLA in the amount of $50,000 was approved in the Water Services Department. The SLA was for a Pressure Reducing Device that is intended to reduce the water pressure on the 18” water line along Greens Prairie Road. The water distribution system pressures in the Greens Prairie area far exceed normal operating system pressures which results in higher customer consumption, more wear and tear on the infrastructure and difficulty in equalizing distribution supply during times of high demand. The funds for the device were not expended in FY08 and this item will appropriate the funds to the Water Services Department’s budget for expenditure in FY09. 10. Construction Inspector Position: $43,578 This item is for the addition of one Full Time Equivalent (FTE) Construction Inspector position in the Public Works Department. The incumbent in this position will be primarily responsible for providing inspection services on Water and Wastewater Capital Improvement projects and will initially spend a significant portion of his/her time providing inspection services on the Water Well #7 Collection Line. This position will be budgeted in Public Works Engineering, but funding will ultimately come from the Water and Wastewater CIP when the Inspector’s time is charged to the Utility work orders. 11. Northgate Parking Garage Security Camera System Upgrade: $48,848 The Parking division requests that $48,848 in approved FY08 SLA funds be carried forward into FY09. These funds are allocated for enhancement and upgrade of the existing security camera system in the Northgate Parking Garage. This project was not completed in FY 08. Funds are available for the purchase of this item in the Northgate Parking Fund. 12. Aggie Field of Honor: $39,689 These funds were budgeted in the Memorial Cemetery Fund in FY08 and were dedicated to market the sale of lots in the Aggie Field Of Honor project. The balance of funds exists as not all advertising was placed due to delays with TAMU licensing agreement and 288 approval processes over the summer. Funds for this item are available in the Memorial Cemetery Fund. 13. Deputy Fire Marshal Vehicle appropriations: $30,000 Funds in the amount of $30,000 need to be appropriated in the Equipment Replacement Fund for the truck expense incurred by the addition of a FY09 approved SLA for a Deputy Fire Marshal position in the Fire Prevention division. Funds were budgeted to be spent, but were missed on the fund summary portion of the budget document. Funds for this item are available in the Equipment Replacement Fund. 14. Veterans Memorial payment: $50,000 An additional $50,000 for Outside Agency payment to Veterans Memorial is proposed to be appropriated in the Hotel Tax fund. These funds were budgeted in the FY08 Hotel Tax fund contingency line item, but not expended. These funds remain in the fund balance and are available for FY09. The addition of these funds will increase the FY09 Veterans Memorial funding to a total of $100,000. The FY09 approved budget already included $50,000 for the original FY09 request. Funds for this item are available I the Hotel Tax Fund. 15. Channel 19 Improvements: $13,664 Public Communications requests $13,664 in TV19 EG fee funds be appropriated to complete the rewiring the upgraded operations of the TV19 control room. This project will include an automation playback system ($6,929), USB 500GB media drive ($738), deck control for vcr / dvd ($250), a dvd / mini dv player recorder ($979), and the lot delivery, set-up, install and rewiring of the current system ($3,500). These funds are available in the General Fund. 16. Police Department Justice Assistance Grant (JAG) Grant (GT0505): $19,145 This item appropriates the resources for the City’s portion of the 100% 2007 Edward Byrne Memorial Justice Assistance Grant Program (CFDA# 16.579 – grant # 2007-DJ- BX-1002) award through their inter-local agreement application with the City of Bryan and Brazos County, which were not expended in FY08. Funds in the amount of $13,880 will be appropriated to the Quartermaster division for the purchase of crowd control equipment and $5,265 will be appropriated to the Administrative division for the purchase of a computer and multimedia equipment to facilitate Com-Stat presentations. In addition, this item increases the police federal grant revenue budget by the same amount. The grant funds are available in the General Fund balance. 17. Governor’s Division of Emergency Management (GDEM) FY08 Homeland Security Grant: $166,667: This item is for the appropriation of resources for the grant the City of College Station has been awarded through the GDEM. The funds will be used by city departments to purchase equipment that will enhance the City’s response capabilities to terrorist threats or incidents. The City will be reimbursed 100% of expenses. The grant funds will be available in the General Fund balance. 289 290 291 292 293 294 December 11, 2008 Regular Agenda Item 8 Arts Council Building Renaming To: Glenn Brown, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action, and discussion on renaming the P. David Romei Arts Center. Recommendation(s): The Executive Committee of the Arts Council Board of Directors recommended at their November 25 meeting to remove the name of P. David Romei from the Arts Council Building. The full Arts Council Board of Directors met on December 2 and also concurs with the recommendation to remove all references to Romei from the Arts Council Building as stated in the attached letter. Summary: This item was requested at the November 24 City Council meeting as well as by the Arts Council Executive Committee at their meeting on November 25 and the full Arts Council Board on December 2. The following provides a little background on the original naming: · A letter from Bobby Bisor, then President of the ACBV, was read at the March 27, 2003 City Council meeting. In that letter, he explains the Board's Executive Committee's recommendation on naming the new facility "P. David Romei at Wolf Pen Creek" · At that same meeting, a motion was made to endorse the Board's Executive Committee's recommendation in naming the new facility "P. David Romei at Wolf Pen Creek" · The Board of Directors of the ACBV then unanimously accepted and adopted the Mayor's and Council's resolution Budget & Financial Summary: The attached letter from the Arts Council also requests College Station’s financial assistance in the costs related to the removing of the name. If future actions are taken to rename the building through donations to the Arts Council, the Arts Council will in turn seek to reimburse the City for its assistance in the removal of the name. Attachments: 1. Letter from the Arts Council 2. City of College Station Guidelines for the Naming of Public Facilities 295 HAND DEC 0 1 2000 DELIVERED MITCH MOREHEAD PRFS1Dl:ST-I<LLC. I 3 December 2008 SUE LEE IRL.ISLREK Mayor Ben White TOM WILKINSON SF.C:lZrT \I<>. City Council of College Station City of College Station THOM LE~IMONS \-Ic:ll rnrsIl1rh-r olr:\F1:Il.,.~~~~ IREL\I ICISS College Station, TX 77840 Dear Mayor and Council Members: PETER CANNEY SHERYLOK CARROLL The Arts Council of the Brazos Valley hereby concurs in the efforts to remove KAY CONLEE all reference to P. David Romei from the Arts Council building on Dartmouth JOHN HAPP Street. PENELOPE KOSZTOLNYIK MILES MARKS The Arts Council also requests the City of College Station's financial LYNN IMCILHANEY assistance in the costs related to this action. GUADALUPE KEYES. JR. KAY RICE If in the future actions are taken to rename the building through donations to JULIE RICH the Arts Council, the Arts Council will in turn attempt to seek reimbursement to the City for its assistance in the removal of the name. PADR~IC L FISHER L\l ( l I I\ 1 llll<l <TO!< The Board of Directors of the Arts Council of the Brazos Valley is appreciative of the City of College Station's efforts and assistance in this matter. Please do not hesitate to contact me if there are any questions. Sincerely, Carol A. Wagner (l' 2275 Dartmouth Street CoIIege Station . Texas . 77840 296 Revised Guidelines for the Naming of Public Facilities Approved by City Council on April 8, 2004 Page 1 City of College Station, Texas GUIDELINES FOR THE NAMING OF PUBLIC FACILITIES Approved April 8, 2004 - Agenda Item 10.10 Purpose The purpose of these guidelines is to establish a systematic and consistent approach for the official naming of public facilities in the City of College Station, including parks, facilities, recreational areas, streets, and municipal buildings. Objectives · Ensure that parks, facilities, recreational areas, and municipal buildings are easily identified and located. · Ensure that given names to parks, facilities, recreational areas, and municipal buildings are consistent with the values and character of the area or neighborhood served. · Encourage public participation in the naming, renaming, and dedication of parks, facilities, recreational areas, and municipal buildings. · Encourage the dedication of lands, facilities, or donations by individuals and/or groups. · Advance the reputation of the City as well as increase the understanding and public support for its programs. Criteria The practice of the City of College Station is to name parks, recreation areas, facilities, and municipal buildings through an adopted process utilizing the above objectives, emphasizing community values and character, local and national history, geography, the environment, civics, and service to the City of College Station. Therefore, the following criteria shall be used in determining the appropriateness of the naming designation: · Neighborhood, geographic, or common usage identification; · A historical figure, place, event, or other instance of historical or cultural significance; · National and state historical leaders or heroes, both past and present; · An individual, living or deceased [a] who has made a significant land and/or monetary contribution to the park, recreation area, facility, or municipal building, or [b] who has had the contribution made “In Memoriam” and when the name has been stipulated as a condition of the donation; · An individual, living or deceased, who has contributed outstanding civic service to the City; · Predominant plant materials; or · Streams, rivers, lakes, and creeks. Facilities or specialized areas may have a name different from that of the larger park, recreation area, facility, or municipal building. When feasible, the process to name parks, recreation areas, facilities, and municipal buildings should begin within twelve (12) months after the City has acquired title to the land and/or formally accepted the dedication. 123297 Revised Guidelines for the Naming of Public Facilities Approved by City Council on April 8, 2004 Page 2 Names that are similar to existing parks, recreation areas, facilities, and municipal buildings should not be considered in order to minimize confusion. Renaming The City reserves the right to change the name of a park, recreation area, facility or municipal building to maintain consistency with these guidelines. However, renaming carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each request to rename must meet the criteria of this policy, but meeting all criteria does not ensure renaming. Procedures Upon approval of these guidelines by Council, procedures consistent with the guidelines will be developed. It is anticipated that naming/renaming requests will be submitted to the City Manager. The Manager will then forward the request through an appropriate board, committee, or organization or directly to the City Council for approval. (For example, if the naming or renaming request is for a parks facility, the City Manager will submit the request to the Parks and Recreation Advisory Board who will review and make a recommendation. The City Manager will review that recommendation and then submit it to Council for approval.) The City Council may, upon its own initiative, name or rename a City facility without following these guidelines. An individual council member may submit a naming suggestion to the City Manager, who will then apply the guidelines and procedures. 124298