HomeMy WebLinkAbout05/26/2011 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Item 2a - Minutes
Cover Sheet revised 7
May 12 Workshop 8
May 12 Regular 14
May 19 Special Meeting 18
Item 2b - Barron Road Widening Phase 2 Change Order #1
Cover Sheet revised 20
Change Order 21
Location Map 23
Item 2c - Electrical Substation Driveway and a Resolution
Declaring Intention to Reimburse Certain Expenditures with
Proceeds From Debt
Cover Sheet revised 24
Resolution 25
Project Location Map 26
Bid Tabulation 27
Debt Reimbursement Resolution 28
Item 2d - Partial Release of Paving Lien Along Holleman Drive
South
Cover Sheet revised 31
Partial Release 32
Item 2e - Blue Cross and Blue Shield Administrative Services
Agreement Contract Renewal for 2011
Cover Sheet revised 41
BCBS Admin Services Agreement 42
Item 2f - Medical Waste Hauling Franchise with Stericylce, Inc.
Coversheet revised 47
Stericycle Franchise Agreement 48
Item 2g - TMRS City Portal Use Agreement
Cover Sheet revised 68
Portal Use Agreement 69
Item 2h - Demolition and Construction Debris Franchise
Agreement with BCS Stop 'N Go Potties
Coversheet revised 77
Stop n Go Potties Franchise Agreement 78
Item 2i - Construction Contract 11-199 for Site Improvements at
Woodcreek Park
Coversheet revised 98
1 - Resolution 99
2 - Bid Number 11-50 Tabulation 100
3 - Site Plan 101
Item 2j - Itinerant Vendor Handbill Exemption
Coversheet revised 102
1
Ordinance 103
No. 1 - Rezoning for 1301 University Drive East
Coversheet revised 105
Background 107
Maps and Photos 108
Ordinance 110
No. 2 - UDO Amendment for Campus Wayfinding Signs
Coversheet revised 117
Draft P&Z Minutes 118
Ordinance 120
2
Mayor Council members
Nancy Berry Blanche Brick
Mayor Pro Tem Jess Fields
Dave Ruesink Karl Mooney
City Manager Katy-Marie Lyles
David Neeley Julie M. Schultz
Agenda
College Station City Council
Regular Meeting
Thursday, May 26, 2011 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 5:30 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. Comments should not personally attack
other speakers, Council or staff.
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 May 12, 2011 Workshop and Regular Council
Meeting, and May 19, 2011 Special Meeting.
b. Presentation, possible action, and discussion regarding the approval of a change order to the construction
contract (11-013) with Brazos Paving in the amount of $25,539.25 for the Barron Road Widening Phase 2
Project.
c. Presentation, possible action, and discussion regarding the approval of a construction contract (11-216)
with Marek Brothers Construction, Inc. in the amount of $96,121.60 for the Electrical Substation Driveway
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Thursday, May 26, 2011
Project, and approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt.
d. Presentation, possible action, and discussion regarding the ratification of the release of a paving assessment
lien against a portion of the property with frontage along Holleman Drive South in the amount of
$55,790.46.
e. Presentation, possible action, and discussion on obtaining approval for the medical, dental and prescription
drug plan Administrative Services Agreement contract renewal with Blue Cross and Blue Shield of Texas for
claims administration for calendar year 2011, in the amount of $434,189.
f. Presentation, possible action and discussion on the first reading of a non-exclusive franchise agreement
with Stericylce, Inc. for the purpose of collecting and disposing treated and untreated medical waste from
various health care related facilities.
g. Presentation, possible action, and discussion to approve a City Portal Use Agreement with Texas
Municipal Retirement System (TMRS).
h. Presentation, possible action and discussion on the first reading of a non-exclusive franchise agreement
with CCA, LLC d/b/a BCS Stop 'N Go Potties for the purpose of collecting demolition and construction
debris from residential sites.
i. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a
construction contract (Contract # 11-199) with Follis-Cole Construction, LLC in the amount of $57,132.50
for new sidewalks, drinking fountain, pea gravel for playground, earthwork, sodding, and resurfacing of
existing basketball court at Woodcreek Park.
j. Presentation, possible action, and discussion regarding amending Chapter 4, section F (1), “Business
Regulations”, of the code of ordinances of the City of College Station, which would exempt the City of
College Station for the purpose of distributing public safety handbills.
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
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Thursday, May 26, 2011
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12,
“Unified Development Ordinance”, Section 4.2, “Official Zoning Map” of the Code of Ordinances of
the City of College Station, Texas by rezoning 1.3 acres located at 1301 University Drive East from A-P
Administrative Professional and OV Overlay District to C-1 General Commercial, A-O Agricultural-
Open, and OV Overlay District.
2. Public Hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12
“Unified Development Ordinance,” Section 7.4 “Signs” and Section 11.2 “Defined Terms” specifically
related to sign requirements.
3. 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, May 26, 2011 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 20th day of May, 2011 at 5:00 p.m.
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 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 May 20, 2011 at 5:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2011 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2011.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
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Thursday, May 26, 2011
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.
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May 26, 2011
City Council Consent Agenda Item No. 2a
City Council Minutes
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for May 12, 2011
Workshop and Regular Council Meeting, and May 19, 2011 Special Meeting.
Attachments:
· May 12, 2011 Workshop Minutes
· May 12, 2011 Regular Minutes
· May 19, 2011 Special Minutes
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MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
MAY 12, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Jana McMillan
Dave Ruesink, arrived after roll call
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Shelley Major, Records Management Coordinator
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Nancy Berry at 3:10 p.m. on Thursday, May 12, 2011 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Presentation, possible action, and discussion on items listed on the consent agenda.
2i: David Coleman, Director of Water Services, explained the TCEQ has been thinking of more
restrictive regulations that will need to be implemented in eight - ten years. Staff thinks it is
better to not design the complete Headworks, but rather design a temporary fix to get us through
the next eight – ten years to see what the real requirements will be from TCEQ.
2j: This item was pulled, but not discussed.
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2. Presentation, possible action, and discussion regarding the UP-BEAT Youth Health
Leadership program community assessment.
Derrick Elder, Rachel Lamb, Benjamin Lamb, and Shlock Mohanty, representing the UP-BEAT
team, came before Council to discuss their study and findings. UP-BEAT is an organization that
empowers youth to be more active in the community. Training topics included public speaking,
mapping, technology, and government-community. They conducted community interviews and
conducted environmental assessments in the community. Walkability was defined as how
people use the land in their community. They were trained to observe and assess items such as
land use, street characteristics, walking and bike conditions, and perceptions. They found there
are no available bike racks and little or no shade. Empty park space was being used for
construction staging, and there is outdated playground equipment. They found few streets or
park lights, fast traffic, incomplete or no sidewalks, and incomplete walking/biking paths. Short
term solutions, which are less expensive and easier to do, include a games court, a community
clean up day, bike racks, traffic calming devices, cross walks, and to plant shade trees. Long
term solutions, which are more expensive and may take longer to complete, include sidewalks,
neighborhood walking trails, street lights, bike lanes, and playground equipment. Specific
projects they are requesting support for include: 1) complete the sidewalks on Wellborn between
the gas station and the baseball complex; and 2) a pedestrian bridge over the ditch between the
basketball court and subsidized housing.
3. Presentation, possible action, and discussion regarding the Gulf Coast Strategic Highway
Feasibility Study.
Gary Bushell, who represents the Gulf Coast Strategic Highway Coalition, provided the City
Council with an update on the Gulf Coast Strategic Highway concept and its current status.
Wilbur Smith Associates, working with TXDOT, conducted public meetings in eight cities along
the route from El Paso to the Texas-Louisiana border. This route is approximately 900 miles in
length and crosses twenty-five counties. The I-14 Phase 1, connecting Fort Hood, I-35, I-45 and
I-69, will be environmentally beneficial by circumventing certain air sheds. The coalition also
wants to provide interstate access to the Texas A&M system campuses. I-14 would eventually
cross five states.
4. Presentation, possible action, and discussion relating to receiving the annual audit
reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2010.
Jeff Kersten, Chief Financial Officer, presented the annual audit report and CAFR. Net assets
totaled $402,731,641 for an increase of $15 million. Unrestricted net assets were $76 million,
and restricted net assets were $11 million. Most net assets are capital assets and amount to
$314,762,842.
Jimmy Ingram, with Ingram, Wallis & Company reported on the 2009-2010 Audit. The audit
was completed successfully, and they issued an unqualified opinion which is the highest rating.
He commended staff for their assistance, and reported that the CAFR has been presented to
GFOA. There were three major programs in 2010, and all three had unqualified opinions.
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MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to approve the annual audit
reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2010. The motion carried unanimously.
5. Presentation, possible action, and discussion of the draft Parks and Recreation Master
Plan.
David Schmitz, Parks and Recreation Director, and Bob Cowell, Planning and Development
Director, presented a high level overview of the Parks and Recreation Master Plan. The plan’s
purpose is to implement the City’s vision and goals for parks and recreation, align with the
Council’s strategic priorities, and implement the City’s comprehensive plan. Parks, open space,
and recreation matter because they contribute to the neighborhood and to community character.
Parks and open space enhance property value and tax revenues. The proximity increases
values/revenues and can also increase marketability. Parks and open space also contribute to the
health and wellness of the community. Studies show 40% of College Station residents visit a
park once a week or more, and 34% of College Station residents use a walking or biking trail
once a week or more. Current conditions/trends show an increase of 9,000 visits to swimming
pools since 2003 and an increase of 136,000 visits to the Wolf Pen Creek Amphitheater since
2003. College Station has 7.5 acres of parkland per 1,000 residents, and there are cities in Texas
with much higher ratios of parkland to residents. A 150-acre deficiency is projected by 2020.
Goals for the plan include: resource conservation and City character; health and wellness;
economic sustainability; connectivity and mobility; parkland and neighborhood character;
diversity in recreation and cultural programs; and responsible governance. Staff will look at a
physical framework, fiscal framework, recreation and programming framework, and
administration and operations framework.
6. Presentation, possible action, and discussion regarding the assessment of deer population
for the Foxfire Subdivision.
Scott McCollum, Field Operations Bureau Chief, reported that the subdivision consists of 150
one-acre plus lots on a total of 236 acres. The subdivision and surrounding area has a quality
habitat for white-tailed deer, and the subdivision is adjacent to a large unimproved woodland
area. Concerns pertaining to increased deer populations include deer/vehicle collisions,
landscape/garden damage, habitat degradation, declining deer herd health, public safety, and
Lyme disease. Obstacles to effective control include deer adaptability, aesthetics, safety and
liability, conflicting social attitudes and perceptions, hunting/firearm restrictions, and public
relations concerns. 172 residents were solicited with a response from 123 households. 50% felt
the number of deer were just right; 50% felt there were too many deer. Twenty-five respondents
advised they fed deer. The recommended deer population is one deer per fifteen acres. Foxfire
is 236 acres, and at one deer per fifteen acres the population is approximately 16 deer. Today’s
conservative estimate based on the study‘s projection and homeowner observations has an
approximate total of thirty-five deer. Based on the recommendations, these are too many deer.
Timothy Siegmund, State Wildlife Biologist, recommends we identify where deer are coming
from; the HOA can pass deed restrictions prohibiting the feeding of deer; or the City can pass an
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ordinance prohibiting the feeding of deer. Deer management options include hunting on adjacent
properties; employing sharpshooters; trap/transport/release; trap/transport/process; and prohibit
feeding. There is no simple solution, and it is likely that a combination of techniques will be
necessary to achieve desired results. It will require significant stakeholder input and
cooperation, with long term planning and commitment. It can be expensive, and we will have to
weigh the overall benefits against the costs. This is specific situation is more of a nuisance than
a public safety issue at this time. The College Station Police Department Animal Control Unit is
not currently staffed, nor equipped to conduct large scale efforts such as a deer management
study or to manage such a program. Staff requested direction from Council as to what degree do
we as a City wish to become involved in a large scale neighborhood animal control effort?
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Crompton, the City Council voted seven (7) for and none (0) opposed, to authorize the Police
Department to collaborate with the homeowners and wildlife management on the options
available. The motion carried unanimously.
Staff will report back to the Council in six months.
7. Council Calendar
· May 16 IGC Meeting at Brazos County Expo Center, 5827 Leonard Road, 12:00
p.m.
· May 19 Planning & Zoning Commission Meeting in Council Chambers, 6:00 p.m.
· May 26 City Council Workshop/Regular Meeting at 3:00 p.m. & 7:00 p.m.
· May 30 City Offices Closed - HOLIDAY
Mayor Berry noted that the City Council will canvass the votes at 4:00 p.m. on Thursday, May
19.
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.
Councilmember Crompton requested a report regarding restitution from David Romei to the Arts
Council.
Councilmember Maloney requested the status of the census and asked why our City signs do not
reflect the correct population.
Councilmember Lyles asked for an update on the Wellborn annexation.
9. Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of the Brazos Valley, Audit Committee, Bicycle, Pedestrian, and
Greenways Advisory Board, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, BVSWMA,
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BVWACS, Cemetery Committee, Code Review Committee, Design Review Board, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee,
Joint Relief Funding Review Committee, Landmark Commission, Library Board, Mayor’s
Council on Physical Fitness, Mayor’s Development Forum, Metropolitan Planning
Organization, National League of Cities, Outside Agency Funding Review, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Partnership,
Regional Transportation Committee for Council of Governments, Signature Event Task
Force, Sister City Association, TAMU Student Senate, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Zoning Board of
Adjustments.
Mayor Berry reported that the Audit Committee met last week. The Council of Governments
also met and is looking at state budget cuts.
Councilmember Ruesink reported that nine visitors from our Sister City, Salamanca, will be
arriving May 21, leaving the following Friday.
10. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, the
College Station City Council convened into Executive Session at 5:27 p.m. on Thursday, May
12, 2011 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
· City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway
60 area, near Brushy Water Supply Corporation to decertify City of College Station and
certify City of Bryan
· Clancey v. College Station, Glenn Brown, and Kathy Merrill
· Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-
CV361
· Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
McIlhaney, and Ben White
· Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et
al
· Water CCN / 2002 Annexation / Wellborn Water Supply Corporation
B. Consultation with Attorney to seek legal advice; to wit:
· Legal issues regarding possible revenue sharing and legislation in bio-corridor
· Legal Issues Related to Wellborn Annexation
· Legal issues related to a proposed methane gas to electricity contract with City of Bryan
The Executive Session adjourned at 6:55 p.m. on Thursday, May 12, 2011.
No action was required from Executive Session.
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10. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 6:55 p.m. on Thursday, May 12, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
MAY 12, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Jana McMillan
Dave Rue sink
City Staff:
David Neely, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mash burn, City Secretary
Shelley Major, Records Management Clerk
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:05 p.m. on Thursday, May 12, 2011 in the Council Chambers
of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Pledge of Allegiance, Invocation, consider absence request.
Mayor Berry recognized Jennifer Nations for the Texas Section of American Water Works
Association Water Conservation Award.
· Citizen Comments
Bobby Slovak, A&M Consolidate High School, thanked Council and staff for years of coming to
the high school and speaking to the students. He also expressed his appreciation for the
treatment of his students when they come to a meeting.
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RM051211 Minutes Page 2
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for April 21, 2011 Joint
Meeting with Planning and Zoning, and April 28, 2011 Workshop and Regular Council
Meeting.
2b. Presentation, possible action, and discussion on Ordinance 2011-3342, amending
Chapter 10, “Traffic Code,” of the Code of Ordinances of the City of College Station,
Texas, by amending Section 2 “Traffic Control Devices”, subsections b, c, d, e, f, g (1), j, k,
l, m, n as set out below; revising various schedules of traffic control inventory devices and
incorporating those as new Traffic Schedules I through XI; providing a severability clause;
declaring a penalty; and providing an effective date.
2c. Presentation, possible action, and discussion on Ordinance 2011-3343, amending
Chapter 10, “Traffic Code,” of the Code of Ordinances of the City of College Station,
Texas, by amending subsections (e) and (f) of Section 3 “Speed Limits” and by adding a
new subsection (g) of Section 3 “Speed Limits”; amending schedules XII and XIII;
establishing permanent and temporary speed limits throughout the City; providing a
severability clause; declaring a penalty; and providing an effective date.
2d. Presentation, possible action, and discussion on Ordinance 2011-3344, amending
Chapter 10, “Traffic Code,” of the Code of Ordinances of the City of College Station,
Texas, by amending Section 4, “Administrative Adjudication of Parking Violations,”
subsection (e), paragraph (1) and subsection (g); amending and renumbering traffic control
device inventory - Schedules XII and XIII as new Traffic Schedules XIV and XV,
respectively; providing a severability clause; and providing an effective date.
2e. Presentation, possible action, and discussion regarding the approval of contract for
professional services with McKay, in an amount not to exceed $13,000 and authorizing a
Contingency Transfer of $13,000 and authorizing the City Manager to execute said
contract.
2f. Presentation, possible action, and discussion regarding Resolution 05-12-11-2f, in
support of the Gulf Coast Strategic Highway Feasibility Study.
2g. Presentation, possible action, and discussion on Resolution 05-12-11-2g, adopting
procurement procedures for the City of College Station Electric Department pursuant to
Local Government Code 252.022 (c).
2h. Presentation, possible action, and discussion to approve an Advance Funding
Agreement (AFA) with the Texas Department of Transportation (TxDOT) to construct
safety improvements at the FM 2818 and George Bush Drive (FM 2347) intersection. The
estimated cost of the City’s participation is not to exceed $17,160.
2i. Presentation, possible action, and discussion on Resolution 05-12-11-2i, terminating a
Professional Services Contract with Bury+Partners, Inc., (Bury) in the amount of $339,210,
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for the design, bidding, construction materials testing, and construction phase services of
the Carter Creek Wastewater Treatment Plant Headworks Project.
2j. Presentation, possible action, and discussion on Resolution 05-12-11-2j, approving
Professional Services Contract 11-227 with Bury+Partners, Inc., (Bury) in the amount of
$259,818. The contract and associated fee which includes design, bid preparation,
construction materials testing, and construction administration of the Carter Creek
Wastewater Treatment Plant Headworks Project, is based on a reduced scope of work.
Item 2f was pulled from the Consent Agenda.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Crompton, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, with the changes provided by the City Attorney for item 2g, and less item 2f. The
motion carried unanimously.
(2f)MOTION: Upon a motion made by Councilmember Maloney and a second by
Councilmember Lyles, the City Council voted six (6) for and one (1) opposed, with
Councilmember Fields voting against, to adopt Resolution 05-12-11-2f, in support of the Gulf
Coast Strategic Highway Feasibility Study. The motion carried.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion regarding approval of an
Inter Local Agreement between the Cities of College Station and Bryan for the joint
development of a Research Valley BioCorridor.
At approximately 7:38 p.m. Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:38 p.m.
MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt as
substantially presented here, with the City Manager authorized to make any changes that are
non-substantive, and contingent on the City of Bryan adopting substantially the same agreement
on or before May 31, 2011. The motion carried unanimously.
2. Adjournment.
MOTION: There being no further business, the Mayor adjourned the Regular Meeting of the
City Council at 7:53 p.m. on Thursday, May 12, 2011. The motion carried unanimously.
________________________
Nancy Berry, Mayor
ATTEST:
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___________________________
Sherry Mash burn, City Secretary
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MINUTES OF THE SPECIAL CITY COUNCILMEETING
CITY OF COLLEGE STATION
MAY 19, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Dave Ruesink
Blanche Brick
Karl Mooney
Julie Schultz
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Special Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 4:05 p.m. on Thursday, May 19, 2011 in the Council Chambers
of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2. Presentation, possible action, and discussion of Ordinance 2011-_____, canvassing
returns and declaring results of the General and Special Election, held on May 14, 2011, for
the purpose of electing a City Council Member Place 1, a City Council Member Place 3, a
City Council Member, Place 5, submitting propositions to the voters regarding the recall of
Mayor Nancy Berry, City Council Member Katy-Marie Lyles, Place 4, and City Council
Member Dave Ruesink, Place 6.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Fields, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2011-____,
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canvassing returns and declaring results of the General and Special Election, held on May 14,
2011, for the purpose of electing a City Council Member Place 1, a City Council Member Place
3, a City Council Member, Place 5, submitting propositions to the voters regarding the recall of
Mayor Nancy Berry, City Council Member Katy-Marie Lyles, Place 4, and City Council
Member Dave Ruesink, Place 6. The motion carried unanimously.
3. Issuance of Certificates of Election to elected City Council Member Place 1, City Council
Member Place 3, and City Council Member Place 5; and administer Oaths of Office.
Judge Spillane administered the oath of office to Blanche Brick, newly elected Councilmember,
Place 1, Karl P. Mooney, newly elected Councilmember, Place 3, and Julie Merrifield Schultz,
newly elected Councilmember, Place 5.
4. Presentation, possible action, and discussion on the election of Mayor Pro Tempore.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Mooney, the City Council voted six (6) for and none (0) opposed, to elect Dave Ruesink as
Mayor Pro Tem. The motion carried unanimously.
5. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the Special Meeting of the
College Station City Council at 4:27 p.m. on Thursday, May 19, 2011. The motion carried
unanimously.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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May 26, 2011
Consent Agenda Item No. 2b
Project Number ST 10-26
Barron Road Widening Phase 2
To: David Neeley, City Manager
From: Chuck Gilman, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
a change order to the construction contract (11-013) with Brazos Paving in the amount of
$25,539.25 for the Barron Road Widening Phase 2 Project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure. Goal IV, Improving Multi Modal Transportation.
Recommendation(s): Staff recommends approval of the change order.
Summary: The Barron Road Widening Phase 2 construction project has been underway
since December 2010 and significant progress has been made. During that time there have
been conditions found in the field that were not anticipated during design.
As a part of the design of Barron Road, a soils investigation was completed to determine the
properties of the soil along the right-of-way. The information gathered from this
investigation is primarily used to determine the pavement thickness for the road. Soil
borings were spaced 700-feet apart to get a good representation of the soil type along the
entire corridor. In some areas, small scale activities such as over irrigation and sediment
deposition will affect the usability of the soils for road construction. The contractor found
some of these areas while excavating the bar ditches along Barron Road.
The contractor also uncovered several areas where existing utilities were not marked or
located prior to construction. Some of the utilities did not have sufficient record information
to be able to determine the depth of the existing line to check for conflicts.
This construction change order is for the additional scope and materials required for handle
the conditions encountered in the field.
This change order is also for the addition of conduit across SH 40 for communications. The
additional conduit was added to satisfy the needs of Water Services and IT while taking
advantage of the mobilization and presence of the contractor for Barron Road.
Budget & Financial Summary: The change order is for a total of $25,539.25. A total of
$50,000 is budgeted for this project in the Water Capital Projects Fund. $28,124.48 has
been expended or committed to date and $12,784 of this change order will be paid from the
Water budget balance. A total of $8,425,000 is budgeted for this project in the Streets
Capital Projects Fund. $4,091,966.21 has been expended or committed to date and
$12,755.25 of this change order will be paid from the Streets budget balance. It is
anticipated that the Streets portion of the project will come in considerably under budget.
Attachments:
1. Change Order
2. Project Location Map
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Barron Road Widening
Phase 2
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May 26, 2011
Consent Agenda Item No. 2c
Work Order Number WF1348096
Electrical Substation Driveway and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
a construction contract (11-216) with Marek Brothers Construction, Inc. in the amount of
$96,121.60 for the Electrical Substation Driveway Project, and approval of a resolution
declaring intention to reimburse certain expenditures with proceeds from debt.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure.
Recommendation(s): Staff recommends approval of the construction contract and
recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Summary: The Electrical Substation Driveway project includes the construction of a
concrete driveway which will provide access from Holleman Drive South to the recently
completed electrical substation located between Dowling Road and FM 2818. The driveway
construction to the substation was scheduled to coincide with the substantial completion of
Holleman Drive South.
Budget & Financial Summary: This project is budgeted in the Electric Capital
Improvement Projects Fund. The “Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt” is necessary for this item because the long term
debt has not been issued for this project. This debt is scheduled to be issued later this fiscal
year.
Attachments:
1.) Resolution
2.) Project Location Map
3.) Bid Tabulations
4.) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
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City of College Station - Purchasing Division
Bid Tabulation for #11-62
"Dowling Road Substation Driveway"
Open Date: Tuesday, April 26, 2011 @ 2:00 p.m.
ITEM QTY UNIT DESCRIPTION UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE
1 1 LS Mobilization $4,500.00 $4,500.00 $4,600.00 $4,600.00 $8,000.00 $8,000.00 $0.00 $11,029.70 $11,029.70
2 1 LS Erosion Control $575.00 $575.00 $1,000.00 $1,000.00 $1,200.00 $1,200.00 $0.00 $817.50 $817.50
3 0.55 ACRE Cleaning and Grubbing $1,045.45 $575.00 $2,000.00 $1,100.00 $1,800.00 $990.00 $0.00 $450.00 $247.50
4 910 SY Cellulose Fibermulch Seeding $0.95 $864.50 $2.15 $1,956.50 $1.20 $1,092.00 $0.00 $1.08 $982.80
5 395 CY Excavation $3.45 $1,362.75 $8.30 $3,278.50 $11.35 $4,483.25 $0.00 $5.50 $2,172.50
6 335 CY Embankment $3.75 $1,256.25 $14.65 $4,907.75 $5.30 $1,775.50 $0.00 $4.50 $1,507.50
7 1,898 SY 8" Chemically Stabilized Subgrade $7.00 $13,286.00 $7.87 $14,937.26 $6.00 $11,388.00 $0.00 $9.00 $17,082.00
8 1,706 SY 8" Concrete Paving $42.85 $73,102.10 $36.32 $61,961.92 $39.30 $67,045.80 $0.00 $51.32 $87,551.92
9 1 LS Construction Staking $600.00 $600.00 $2,700.00 $2,700.00 $800.00 $800.00 $0.00 $250.00 $250.00
NOTES:
Brazos Site Works didn't bid a unit price for items 1-4 making it non-responsive
Bid Bond
Acknowledged Addendums (1)
BASE BID
$96,121.60 $96,441.93
Certification of Bid
TOTAL BASE BID (ITEMS 1-19)
Marek Brothers College
Station, TX Brazos Paving Bryan, TX
$96,774.55
Knife River Bryan, TX
Brazos Site Works Bryan,
TX
$0.00
Follis-Cole Franklin, TX
$121,641.42
Page 1 of 127
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May 26, 2011
Consent Agenda Item No. 2d
Project Number ST 0913
Partial Release of Paving Lien Along
Holleman Drive South
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding the ratification
of the release of a paving assessment lien against a portion of the property with frontage
along Holleman Drive South in the amount of $55,790.46.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure. Goal IV, Improving Multi Modal Transportation.
Recommendation(s): Staff recommends ratifying the executed release of the paving
assessment lien.
Summary: In February 2010 City Council approved a paving assessment along Holleman
Drive South (FM 2818 to Dowling road) to help fund the construction of the roadway
extension and other associated infrastructure. Three of the tracts of land with frontage
along Holleman Drive South have platted and the property owner has paid the City
$55,790.46 in accordance with the terms and conditions to release the property lien.
The City has received payment from the property owner, so the release has been executed
so the development could proceed without delay and this action is for the ratification of the
release of the lien.
Budget & Financial Summary: Sufficient funds for the appropriate portion of the
assessed property along Holleman Drive South have been received by the city.
Attachments:
1.) Partial Release of Paving Lien
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May 26, 2011
Consent Agenda Item No. 2e
2011 Blue Cross and Blue Shield
Administrative Services Agreement Contract Renewal
To: David Neeley, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion on obtaining
approval for the medical, dental and prescription drug plan Administrative Services
Agreement contract renewal with Blue Cross and Blue Shield of Texas for claims
administration for calendar year 2011, in the amount of $434,189.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the contract renewal.
Summary: At the December 9, 2010 Council meeting, the City Council approved
expenditures for fees and projected claims with all 2011 benefits plan carriers. The
Council was informed that the contracts would be brought back at a later date for
approval, as the contracts had not been received from the carriers before the
required designated time for approval of expenditures for 2011.
The City’s benefits consultant, McGriff, Seibels & Williams, was able to negotiate a
3% decrease on the medical and dental administration fees combined with Blue
Cross and Blue Shield. These fees are in line with the three year rate caps provided
in the Administrative Service Agreement effective 1/1/08.
Budget and Financial Summary: Funds are available in the employee benefits
fund.
Attachments:
Blue Cross and Blue Shield ASA / Fee Schedule
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May 26, 2011
Consent Agenda Item No. 2f
Medical Waste Hauling Franchise
with Stericycle, Inc.
To: David Neeley, City Manager
From: Jason Stuebe, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the first reading of a
non-exclusive franchise agreement with Stericycle, Inc. for the purpose of collecting and
disposing treated and untreated medical waste from various health care related facilities.
Recommendation(s): Staff recommends approval.
Summary: Section 120 of the City Charter states that “The City of College Station shall
have the power by ordinance to grant any franchise or right mentioned in the preceding
sections hereof, which ordinance, however, shall not be passed finally until it shall have
been read at three (3) separate regular meetings of the City Council.”
This proposed non-exclusive five (5) year franchise agreement allows for the collection,
hauling, and disposal of treated and untreated medical waste from various health care
facilities within the city limits. The disposal of medical waste, a State mandated service,
was privatized in 2005 because untreated medical waste cannot be depositing in any
BVSWMA landfill. Staff maintains that continuing this practice is the most cost-effective
way to offer this service to our community.
The Council unanimously approved a five (5) year agreement with BCS Stop ‘N Go Potties in
August 2005 that has since expired.
Budget & Financial Summary: The franchisee agrees and shall pay to the City five
percent (5%) of the franchisee’s monthly gross delivery and hauling revenues generated
from the collection services provided for in the Franchise Agreement.
Attachments:
1. Franchise Ordinance
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May 26, 2011
Consent Agenda Item No. 2g
TMRS City Portal Use Agreement
To: David Neeley, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion to approve a City
Portal Use Agreement with Texas Municipal Retirement System (TMRS).
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the agreement.
Summary: TMRS has developed a web-based site for cities that are participating
members of TMRS to access information and provide certain functionality to
participating municipalities as necessary for its official governmental functions. The
City regularly requests and receives member information from TMRS, including
service credit listings for analysis on workforce retirement eligibility and succession
planning and for use in actuarial valuation studies on benefits. Approval of this
agreement will allow Human Resources access to that information, when needed,
through the online, administrator portal.
Budget and Financial Summary: There are no costs associated with the approval
of this agreement.
Attachments: TMRS City Portal Use Agreement
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Texas Municipal Retirement System
City Portal Use Agreement
This City Portal Use Agreement (the “Agreement”) is entered into by and among the Texas
Municipal Retirement System, the City of College Station, and the City Portal Administrator
(defined below), to be effective as set forth below.
RECITALS
WHEREAS, the Texas Municipal Retirement System (“TMRS”) is offering access to a web-
based, online portal (the “City Portal”) for cities that are participating members of TMRS to access
information and provide certain functionality to participating municipalities as necessary for its official
governmental functions; and
WHEREAS, the City of College Station (the “City”) is a municipality that participates in
TMRS and desires access to the TMRS City Portal for official City business purposes; and
WHEREAS, Kimberly Voitier is an individual employee of the City, is
an authorized contact for the City with the Texas Municipal Retirement System, and will be the main
contact and administrator for the purposes of the TMRS City Portal, as further described herein (the
“City Portal Administrator”); and
WHEREAS, the City Portal Administrator will have the authority to grant access and
permissions to the City Portal to other City employees and officers who are TMRS authorized City
contacts (“City Portal User(s)”, including the City Portal Administrator, where applicable); and
WHEREAS, TMRS will grant City Portal Users the authority to access TMRS data relating to
City employees and retirees via the City Portal in a form identifiable with a specific individual pursuant
to Section 855.115(a)(1)(C) of the Texas Government Code, which information TMRS must protect
pursuant to Sections 552.101 and 855.115 of the Texas Government Code (attached as Exhibit B, and
incorporated by reference); and
WHEREAS, the City, the City Portal Administrator, and the City Portal Users understand that
they may violate provisions of and be subject to potential civil and criminal penalties under the Texas
Public Information Act for failure to comply with the terms of this Agreement or any applicable
provisions of the Texas Public Information Act with respect to any Confidential Information; and
WHEREAS, TMRS is willing to disclose such information only upon acknowledgement and
agreement of the City and the City Portal Administrator of the terms and conditions required for access
to the information:
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises
contained herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, TMRS, the City, and the City Portal Administrator hereby agree to the terms and
conditions below:
1. The City and City Portal Administrator represent and warrant that all information requested
by any City Portal User will be information that is reasonably necessary to the performance of the duties
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of the City Portal User requesting such information. The City Portal Administrator hereby attests that
he/she has attended and completed training by TMRS on the City Portal. The City Portal Administrator
hereby agrees that only persons meeting the following criteria may be trained to become a City Portal User:
(i) a contributing TMRS member, and (ii) job duties require access to the Confidential Information. The
City and the City Portal Administrator agree that all City Portal Users shall be trained by the City Portal
Administrator on the obligations and responsibilities set forth in this Agreement and shall ensure that any
City Portal User shall agree in writing to be bound by the same terms and conditions contained in this
Agreement prior to such City Portal User’s access to the City Portal.
2. The City and the City Portal Administrator each represents, warrants, and covenants that any
City Portal User, or any City employee, officer, representative, contractor or agent (collectively,
“Representatives”) who will receive any Confidential Information (defined below), shall, prior to
receiving such information, be given a copy of this Agreement and shall sign an acknowledgement
agreement, in the form attached hereto as Exhibit A, in which such person agrees to be bound by all
terms and conditions contained in this Agreement regarding the use and protection of the Confidential
Information. Each City Portal User is responsible for maintaining the confidentiality of his or her
password. City Portal Users shall not share passwords, or allow any unauthorized person or groups of
persons to use one password to access the City Portal. The City Portal Administrator shall promptly
terminate the access rights of any City Portal User that is no longer employed by the City, or who is no
longer authorized by the City to have access or no longer requires access to the City Portal for the
performance of such persons’ duties, or who violates the terms and conditions set forth in this
Agreement. The City and the City Portal Administrator each agrees to use its reasonable best efforts to
cause all City Portal Users and any Representatives who receive any Confidential Information to
observe the terms and conditions of this Agreement, and agrees that the City will be responsible for any
breach of any terms of this Agreement by any of its City Portal Users or Representatives.
3. The City, the City Portal Administrator, the City Portal Users and the Representatives each agree
that all Confidential Information (a) shall be maintained in accordance with Section 855.115 of the
Texas Government Code, as amended from time to time (a current copy of which is attached hereto as
Exhibit B), and in strict confidence except as required by an order of a court of competent jurisdiction or
other legal process; (b) shall not be disclosed to any third party other than the authorized employees or
agents of the City who have a need to know the information in connection with the performance of their
official duties for the City; (c) shall not be used for any purpose other than for the purpose of, and only
to the extent it is reasonably necessary to, the performance of his/her official duties for the City, and (d)
shall, at the City’s option and expense, be returned to TMRS or be destroyed by the City (in either case,
including all originals and copies of all Confidential Information) upon completion of the set task for
which it is required or at the end of an appropriate record retention period. The City must notify TMRS
if it chooses to destroy or return the Confidential Information and will confirm the completion of such
destruction to TMRS in writing, if it chooses to destroy the Confidential Information.
4. The City, the City Portal Administrator, the City Portal Users, and the Representatives shall not
publish any report, press release, data or other information regarding or derived from such Confidential
Information to the extent the report, press release, data or other information includes individual
participant or retiree data in a form identifiable with a specific individual and whose release would be
prohibited by Section 855.115 of the Texas Government Code, unless otherwise required by applicable
law.
5. The parties agree that if a breach of this Agreement occurs with respect to the Confidential
Information, TMRS shall suffer irreparable harm and significant injury and loss to a degree which would
be difficult to ascertain and which would not be fully compensable by damages alone, and that TMRS
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shall have the right to invoke the jurisdiction of the courts to seek immediate temporary or permanent
injunctive relief, specific performance or other equitable relief, without bond, and without prejudice to
any other rights and remedies available to TMRS. To the extent permitted by applicable state law, the
City shall indemnify and hold harmless TMRS from all damages, losses, expenses and costs whatsoever,
including but not limited to attorney’s fees, resulting from breach of this Agreement by the City, the
City Portal Administrator, or a City Portal User.
6. For the purposes of this Agreement, “Confidential Information” shall mean all TMRS data which is
subject to Section 855.115 of the Texas Government Code, including, but not limited to, any information
concerning an individual member, retiree, annuitant, or beneficiary, whether in electronic or written form,
provided by TMRS to the City, the City Portal Administrator or any City Portal User during the term of this
Agreement. Confidential Information will not include any information which (i) is or becomes publicly
available other than as a result of a disclosure by the City, the City Portal Administrator, a City Portal User,
or any Representative, (ii) is already in the City Portal Administrator’s or City’s possession prior to its
disclosure through the use of the City Portal, as demonstrated by written or documented evidence, and not
otherwise subject to the confidentiality provisions of Section 855.115 of the Texas Government Code; (iii)
is or becomes available to the City Portal Administrator or City on a non-confidential basis from a source
other than TMRS, provided that such source is not subject to any legal, contractual, or fiduciary obligation
to keep such information confidential, or (iv) is independently developed by the City Portal Administrator
on the City’s behalf , as demonstrated by written or documented evidence, without violating any of the
obligations hereunder.
7. TMRS reserves the right to deny access to the City Portal for any City Portal User for any
reason, and may require any City Portal User to change a password for any reason.
8. TMRS, MyTMRS and the TMRS “Star Design” logo are trademarks and service marks of
TMRS and are used and registered in the United States. Use of these trademarks and service marks
without permission is prohibited, and the City and City Portal Administrator agree that no City Portal
User will use any of these trademarks and service marks without the prior written consent of TMRS to
the specific intended use.
9. The information and materials contained in the City Portal, and the terms, conditions, and
descriptions that appear, are subject to change at any time. Estimates provided through the City Portal
are subject to the limitations stated on the City Portal website and the terms and conditions listed
thereon. The City, the City Portal Administrator, and the City Portal Users are not agents of TMRS and
shall not represent that they have authority to represent or certify information on behalf of TMRS.
10. Unauthorized use of the City Portal or any of the TMRS systems, or misuse of any information
posted on the City Portal is strictly prohibited. Use of the City Portal or any Confidential Information (i)
for any purpose other than as reasonably necessary for the performance of duties of a City employee or
official, (ii) for any illegal activity, or (iii) to engage in conduct that is defamatory, libelous, threatening
or harassing or that infringes on a third party’s intellectual property or other proprietary rights, is
prohibited.
11. This Agreement is to be governed by, construed and interpreted in accordance with the laws of
the State of Texas without regard to its conflicts of laws principles. It is agreed that venue shall be in the
District Court of Travis County, Texas. Each party hereto hereby irrevocably submits, for itself and its
property, to the jurisdiction of the courts of Travis County, Texas in any action, suit, or proceeding
brought against it related to or in connection with this Agreement.
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12. If any third person or entity requests or seeks to compel the City or any City Portal User to disclose
or produce any information provided to the City or any City Portal User by TMRS, through the City Portal
or otherwise, under this Agreement which is subject to Section 855.115 of the Texas Government Code, or
claims an entitlement to any such information on the grounds that such information is alleged or claimed to
be generally available to the public or to constitute in whole or in part a public record, document or report
under applicable law, the City agrees to file a timely request for an opinion of the Texas attorney general
seeking to withhold the information under the Texas Public Information Act. In addition, the City agrees to
use its best efforts to notify TMRS within two (2) business days of its receipt of such a request, but in no
case later than is reasonably necessary to provide TMRS an adequate opportunity to request a legal opinion
or to consent to or seek to prevent such disclosure through protective order or other appropriate remedy.
13. Each party agrees that no failure or delay by any party in exercising or enforcing any right,
power, privilege or remedy under this Agreement will constitute a waiver thereof, and a waiver under
one circumstance will not constitute a waiver under any other circumstance.
14. If any provision of this Agreement is held invalid or unenforceable by any court of competent
jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of
this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect
to the extent not held invalid or unenforceable.
15. This Agreement may be unilaterally amended by TMRS at any time upon 60 days prior
written notice to the City Portal Administrator. No party may assign any of its rights or delegate any of
its duties under this Agreement to any other person or entity without the prior written consent of the
other parties hereto. A transfer by operation of law, including by merger or consolidation, is an
assignment subject to the provisions of this Section.
16. This Agreement may be terminated by either TMRS or the City, for any reason, upon 30 days
prior written notice of termination to the other party. Any provision of this Agreement which, by its
nature, may become performable by a party after termination of this Agreement will survive termination
of this Agreement.
17. In the event of any suit, action, or arbitration proceedings (whether based on contract, tort, or
any other theory of liability) to enforce any provision of this Agreement, to recover damages for a
breach hereof, or to secure or preserve the rights of any party against any other party to any property
which is the subject of this Agreement, the prevailing party will be entitled to recover reasonable
attorney fees (other than fees computed on a contingency fee basis), court costs, and expenses of
arbitration and litigation expended in the prosecution or defense thereof.
18. The City and the City Portal Administrator each represent and warrant that the City Portal
Administrator has the requisite right and authority to execute this Agreement on behalf of the City and
to bind the City, the City Portal Administrator, and the City Portal Users to the provisions hereof. The
parties further agree that this Agreement contains the entire understanding of the parties with respect to
the subject matter hereof and that there are no other agreements or understandings with respect to the
subject matter. No party will be liable or bound to any party in any manner by any warranties,
representations, or covenants other than those set forth in this Agreement. Nothing in this Agreement,
express or implied, is intended to confer upon any third party any rights, remedies, obligations, or
liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
72
Page 5 of 7 Rev. 1-26-11
19. This Agreement may be executed by the parties in multiple original counterparts, and each such
counterpart will constitute an original hereof.
IN WITNESS WHEREOF, this TMRS City Portal Use Agreement shall be effective for all purposes
on the date fully executed, as evidenced by the signatures below.
CITY:
CITY OF COLLEGE STATION
BY:_________________SEE ATTACHED___________
(SIGNATURE)
PRINTED NAME: _______________________________
TITLE: ________________________________________
DATE: _________________________________________
CITY PORTAL ADMINISTRATOR:
SIGNATURE: ___________________________________
PRINTED NAME: KIMBERLY VOITIER
TITLE: BENEFITS COORDINATOR
CITY OF COLLEGE STATION
DATE: _________________________________________
TMRS:
TEXAS MUNICIPAL RETIREMENT SYSTEM:
BY:____________________________________________
(SIGNATURE)
PRINTED NAME: ERIC DAVIS
TITLE: DEPUTY EXECUTIVE DIRECTOR
DATE: _________________________________________
73
CITY OF COLLEGE STATION
By:
Mayor
Date:________________
ATTEST:
City Secretary
Date:_____________
APPROVED:
City Manager
Date:_____________
City Attorney
Date:_____________
Chief Financial Officer
Date:_____________
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Page 6 of 7 Rev. 1-26-11
EXHIBIT A
ACKNOWLEDGEMENT AGREEMENT
TO TMRS CITY PORTAL USE AGREEMENT
I, ALISON POND, for the purpose of being designated as a City Portal User
under the terms and conditions of that certain Texas Municipal Retirement System City Portal Use
Agreement, as amended from time to time (the “Agreement”) by and among the Texas Municipal
Retirement System (“TMRS”), the City of College Station (the City”), and the City Portal
Administrator (as defined in the Agreement), hereby represent, warrant, acknowledge and agree that (i) I
have received and read a full and complete copy of the Agreement, and (ii) I agree to comply with and
be bound by all terms and conditions of the Agreement, including but not limited to the use and
protection of Confidential Information (as defined in the Agreement).
I understand that I may violate provisions of and be subject to potential civil and criminal penalties
under the Texas Public Information Act if I fail to comply with the terms of this Agreement or any
applicable provisions of the Texas Public Information Act with respect to any Confidential Information.
_____________________________________________
(Signature)
Name: Kimberly Voitier
Date:
[CITY PORTAL ADMINISTRATOR: RETAIN THIS AGREEMENT WITH YOUR FILES]
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Page 7 of 7 Rev. 1-26-11
Exhibit B
Section 855.115 of the Texas Government Code
Sec. 855.115. CONFIDENTIALITY OF INFORMATION ABOUT MEMBERS, RETIREES,
ANNUITANTS, OR BENEFICIARIES. (a) Information contained in records that are in the custody of
the retirement system concerning an individual member, retiree, annuitant, or beneficiary is confidential
under Section 552.101, and may not be disclosed in a form identifiable with a specific individual unless:
(1) the information is disclosed to:
(A) the individual or the individual's attorney, guardian, executor, administrator,
conservator, or other person who the director determines is acting in the interest of the individual or the
individual's estate;
(B) a spouse or former spouse of the individual after the director determines that
the information is relevant to the spouse's or former spouse's interest in member accounts, benefits, or
other amounts payable by the retirement system;
(C) a governmental official or employee after the director determines that
disclosure of the information requested is reasonably necessary to the performance of the duties of the
official or employee; or
(D) a person authorized by the individual in writing to receive the information;
or
(2) the information is disclosed pursuant to a subpoena and the director determines that
the individual will have a reasonable opportunity to contest the subpoena.
(b) This section does not prevent the disclosure of the status or identity of an individual as a
member, former member, retiree, deceased member or retiree, or beneficiary of the retirement system.
(c) The director may designate other employees of the retirement system to make the necessary
determinations under Subsection (a).
(d) A determination and disclosure under Subsection (a) may be made without notice to the
individual member, retiree, annuitant, or beneficiary.
76
May 26, 2011
Consent Agenda Item No. 2h
Demolition and Construction Debris Franchise Agreement
with BCS Stop ‘N Go Potties
To: David Neeley, City Manager
From: Jason Stuebe, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the first reading of a
non-exclusive franchise agreement with CCA, LLC d/b/a BCS Stop ‘N Go Potties for the
purpose of collecting demolition and construction debris from residential sites.
Recommendation(s): Staff recommends approval.
Summary: Section 120 of the City Charter states that “The City of College Station shall
have the power by ordinance to grant any franchise or right mentioned in the preceding
sections hereof, which ordinance, however, shall not be passed finally until it shall have
been read at three (3) separate regular meetings of the City Council.”
This proposed non-exclusive five (5) year franchise agreement allows for the collection,
hauling and disposal services for residential construction debris generated within the
corporate limits of the City of College Station in a solid waste industry containers.
The Council unanimously approved a five (5) year agreement with BCS Stop ‘N Go Potties in
June 2005 that has since expired.
Budget & Financial Summary: The franchisee agrees and shall pay to the City five
percent (5%) of the franchisee’s monthly gross delivery and hauling revenues generated
from the collection services provided for in the Franchise Agreement.
Attachments:
1. Franchise Ordinance
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May 26, 2011
Consent Agenda Item No. 2i
Construction Contract 11-199 for Site Improvements
at Woodcreek Park
To: David Neeley, City Manager
From: David Schmitz, Interim Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
awarding the bid and approval of a construction contract (Contract # 11-199) with Follis-
Cole Construction, LLC in the amount of $57,132.50 for new sidewalks, drinking fountain,
pea gravel for playground, earthwork, sodding, and resurfacing of existing basketball court
at Woodcreek Park.
Recommendation(s): Staff recommends approval of the resolution and award of the
construction contract with Follis-Cole Construction for improvements at Woodcreek Park in
the amount of $57,132.50 and forty (40) construction days.
Summary: This project is for the renovation of Woodcreek Park, built in 1991. Many of the
repairs are related to safety or replacement of items that are no longer in good or
acceptable condition. The renovations will also address ADA access compliance issues. The
repairs/renovations include:
· Remove gravel walks, edging, and brick pavers
· Install concrete paving
· Furnish/Install new fountain and remove existing fountain
· Repair/Drain line and add concrete splash block
· Earthwork, sodding, stone rip rap and install clay soil or concrete under
sidewalk (north side)
· Concrete curb for playground, 190 linear feet
· Resurface/stripe basketball court
· Add 8’’ x 1’ of pea gravel at playground
· 392’ x 5’ sidewalk to replace the gravel sidewalk/trail
Budget & Financial Summary: Five (5) sealed, competitive bids were received and
opened on April 11, 2011. The bid summary is attached. The project budget was $72,850
and the recommended low bid is $57,132.50. Funds are available from the 2008 Bond Fund
- Neighborhood Park Improvements.
Attachments:
1. Resolution
2. Bid Number 11-50 Tabulation
3. Site Plan
4. Construction Contract 11-199
(This contract will be available in the City Secretary’s office.)
98
99
City of College Station - Purchasing Division
Bid Tabulation for #11-50
"Woodcreek Park Site Improvements"
Open Date: April 11, 2011 @ 2:00 p.m.
ITEM QTY UNIT DESCRIPTION UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE
1 1 ls Remove gravel walks & edging & brick pavers $350.000 $350.00 $3,650.00 $3,650.00 $4,807.00 $4,807.00 $6,106.00 $6,106.00 $12,850.00 $12,850.00
2 6550 sq ft Install concrete paving $5.15 $33,732.50 $4.00 $26,200.00 $4.25 $27,837.50 $5.54 $36,287.00 $4.90 $32,095.00
3 1 ls Furnish/Install new fountain & remove existing fountain $3,606.000 $3,606.00 $5,350.00 $5,350.00 $5,563.00 $5,563.00 $5,845.00 $5,845.00 $6,500.00 $6,500.00
4 1 ls Repair/drain line & add concrete splash block $225.00 $225.00 $1,200.00 $1,200.00 $445.00 $445.00 $508.00 $508.00 $400.00 $400.00
5 1 ls
Earthwork,sodding,stone rip rap &install clay soil or concete
under sidewalk (north side)$250.000 $250.00 $5,100.00 $5,100.00 $4,308.00 $4,308.00 $4,830.00 $4,830.00 $7,200.00 $7,200.00
6 1 ls Concrete curb for playground, 190 lin ft $3,700.00 $3,700.00 $3,200.00 $3,200.00 $3,490.00 $3,490.00 $3,977.00 $3,977.00 $2,000.00 $2,000.00
Alt 1 1 ls Resurface/stripe basketball court $2,819.000 $2,819.00 $4,500.00 $4,500.00 $18,768.00 $18,768.00 $5,885.00 $5,885.00 $4,475.00 $4,475.00
Alt 3 1 ls Add 8' - 1' of pea gravel@playground $650.00 $650.00 $3,850.00 $3,850.00 $3,659.00 $3,659.00 $2,568.00 $2,568.00 $3,940.00 $3,940.00
Alt 3 1 ls 392'x5' sidewalk to replace the gravel one $11,800.000 $11,800.00 $8,750.00 $8,750.00 $13,990.00 $13,990.00 $17,293.00 $17,293.00 $13,990.00 $13,990.00
Total with Alternate 1
Total with Alternate 2
Total with Alternate 3
Total with Alternates 1, 2 & 3
Orion Construction
$61,045.00
90
$63,438.00
$60,121.00
$74,846.00
$83,299.00
$65,520.00
$64,985.00
$75,035.00
$83,450.00
VoX Construction LLC
$57,553.00
40
Certification of Bid
Follis-Cole Construction LLC Dudley Construction Ltd
Bid Bond
Acknowledged Addendums
Number of calendar days to substantial completion
$41,863.50 $44,700.00
$44,682.50
$42,513.50
Total w/o Alternates
40 60
$53,663.50
$57,132.50
$49,200.00
$48,550.00
$53,450.00
$61,800.00
Marek Brothers Construction,
Inc.
$46,450.50
90
$65,218.50
$50,109.50
$60,440.50
$82,867.50
Page 1 of 1100
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MOST DEPENDABLE FOUNTAINS
5705 COMMANDER DR.
ARLINGTON, TN 38002-0587
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P.O. BOX 587
8 1/2"7 3/4"3/8" NYLON REINFORCED
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May 26, 2011
Consent Agenda Item No. 2j
Itinerant Vendor Handbill Exemption
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion regarding amending
Chapter 4, section F (1), “Business Regulations”, of the code of ordinances of the City of
College Station, which would exempt the City of College Station for the purpose of
distributing public safety handbills.
Recommendation(s): Staff recommends passing the ordinance amendment.
Summary: In November 2010, City Council passed an ordinance revision based on the
recommendation of the Police Department. The revision enabled police officers to
disseminate educational handbills, which was prohibited by ordinances previously in place.
This ordinance revision was being drafted simultaneously with the Planning and
Development Services Department revision for mobile food vendors which was adopted in
March. However, the provision added by Police was not in the later revision due to a staff
oversight associated with the timing. This proposed amendment would combine the two
previously approved ordinance amendments.
Budget & Financial Summary: N/A
Attachments:
1. Chapter 4 “Business Regulations”, Section 1(F) entitled “Exemptions”.
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May 26, 2011
Regular Agenda Item No. 1
Rezoning for 1301 University Drive East
To: David Neeley, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding an
amendment to Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official Zoning
Map” of the Code of Ordinances of the City of College Station, Texas by rezoning 1.3 acres
located at 1301 University Drive East from A-P Administrative Professional and OV Overlay
District to C-1 General Commercial, A-O Agricultural-Open, and OV Overlay District.
Recommendation(s): The Planning and Zoning Commission considered this item at their
May 5, 2011 meeting and voted 7-0 to recommend approval. Staff also recommended
approval of the request.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan Land Use and
Character Map shows the proposed A-O Agricultural-Open portion as General Commercial
and the proposed C-1 General Commercial portion as Natural Areas-Reserved. The
proposed rezoning would designate approximately 75% of the property as A-O Agricultural-
Open thus protecting that portion of the floodway against future intense development. A
portion of the proposed C-1 property is located within the floodplain; however, development
may occur in that areas at any time due to the current zoning. Though the request is not
entirely consistent with the future land use and character provisions of the Comprehensive
Plan, the floodway was zoned R-3 Townhome and later rezoned to A-P Administrative-
Professional, which allows development to occur in this location by right.
2. Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The proposed C-1 and OV zoning districts are
compatible with the abutting Gateway commercial development. The applicant is proposing
to include this property with the commercial development of Gateway Subdivision Phase 3.
The A-O and OV will act as a buffer between the proposed commercial development and
the existing duplexes along April Bloom Drive. Staff believes the proposed zoning to be
compatible with the surrounding uses and zoning districts.
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 proposed
A-O district is more appropriate for the floodway and floodplain than the current A-P zoning.
This will limit development on this portion of the property to low-density uses only. The
suitability of C-1 is no less than the current A-P district when considering that the area is
0.39 acres.
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 current
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A-P zoning district is not suitable for the floodway and floodplain portion of the property,
which comprises the majority of the area.
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
marketability of the subject is possibly limited by its acreage and floodplain/floodway that
take up most of the property. However, this site could be developed in its current state with
a small office building that would likely utilize the floodplain and floodway areas of the
property.
6. Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: The subject tract is located adjacent to a
12-inch water main which runs along University Drive. The subject tract is located adjacent
to both an 8-inch and a 12-inch sanitary sewer main which are located along the eastern
and western property lines, respectively. The subject tract is located in the Burton Creek
drainage basin and is encroached by a FEMA-regulated Special Flood Hazard Area, Zone
AE. The proposed zoning is reserving the floodway as A-O Agricultural-Open.
Development of the subject tract will be required to meet the City Storm Water Design
Guidelines. The subject tract will share joint access to State Highway 60 (University Drive)
with the adjoining property to the east. University Drive is classified as a 6-lane major
arterial, urban context on the City’s Thoroughfare Plan. The joint access to University Drive
must be permitted by TxDOT.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Draft Planning & Zoning Commission Minutes – May 5, 2011
4. Ordinance
106
BACKGROUND INFORMATION:
NOTIFICATIONS
Advertised Commission Hearing Date: May 5, 2011
Advertised Council Hearing Dates: May 26, 2011
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: 19
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Urban R-3 Townhome and
R-4 Multi-Family
Duplexes and
Gateway Villas
Apartments
South Major Arterial N/A University Drive
East General Commercial
and Natural Areas-
Reserved
C-1 General
Commercial
Vacant commercial
property and floodway
West Urban R-3 Townhome Duplexes
DEVELOPMENT HISTORY
Annexation: February 1971
Zoning: 1981- R-3 Townhome
1986- A-P Administrative-Professional
1992- OV Overlay District
Final Plat: N/A
Site development: Vacant
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May 26, 2011
Regular Agenda Item No. 2
UDO Amendment for Campus Wayfinding Signs
To: David Neely, City Manager
From: Bob Cowell, AICP, CNU-A, Director of Planning & Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion on an
ordinance amendment to Chapter 12 “Unified Development Ordinance,” Section 7.4 “Signs”
and Section 11.2 “Defined Terms” specifically related to sign requirements.
Relationship to Strategic Goals: Goal III. Diverse Growing Economy – Promote business-
friendly attitude
Recommendation(s): At their meeting on May 5 and May 19th, 2011 meetings, the
Planning and Zoning Commission voted 7-0 to recommend approval of the amendment.
Staff recommended approval of the Ordinance amendment.
Summary: At the January 11, 2011 City Council meeting, Council gave staff direction to
pursue various amendments to the Unified Development Ordinance (UDO) that were
identified by a subcommittee of the Mayor’s Forum on Development. These items were also
presented to the Planning & Zoning Commission at their December 16, 2010 meeting. This
item is being brought forward in connection with this effort.
Section 7.4 “Signs” of the Unified Development Ordinance (UDO) currently provides limited
options for wayfinding signage within a development. Presently, signs that are not easily
identified from beyond the property line or right-of-way are exempt from the UDO sign
requirements when they meet a specified distance from the property line and when the
height of the copy or logo is restricted to a specified size. In addition, directional traffic
control signs are only allowed one (1) per curb cut, with a maximum size of three (3)
square feet and height of four (4) feet.
The proposed amendment would allow campus wayfinding signs within planned
development districts (PDD) or unified developments located in C-1 General Commercial, C-
2 Commercial Industrial, A-P Administrative Professional, and R&D Research and
Development; of 20 acres or more in size; and that contain multiple buildings in the
development. These signs would be limited in height to no greater than six (6) feet, with a
maximum total sign area of 30 square feet. All campus wayfinding signs would be limited to
one per intersection of two (2) primary circulation drive aisles when parking is not provided
along the drive aisles, or at the intersection of a primary circulation drive aisle and public
way when parking is not provided along the drive aisle or public way.
Budget & Financial Summary: N/A
Attachments:
1. Draft Planning & Zoning Commission Regular Meeting Minutes
2. Ordinance
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May 5, 2011 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
May 5, 2011, 7:00 p.m.
Conference Center Room 127
1300 George Bush Drive
College Station, Texas
COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Doug Slack, Craig
Hall, Jodi Warner, Hugh Stearns, and Bo Miles
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Jason Schubert, Matt Robinson, Lauren Hovde, Jenifer Paz, Joe
Guerra, Erika Bridges, Josh Norton, Carol Cotter, Molly Hitchcock, Lance Simms, Bob Cowell,
Mary Ann Powell, Carla Robinson, Mark Beal, Christina Court, and Brittany Caldwell
1. Call meeting to order.
Chairman Shafer called the meeting to order at 7:00 p.m.
2. Hear Citizens.
None
Regular Agenda
3. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Unified Development Ordinance, Section 7.4 "Signs" and Section 11.2 "Defined
Terms", related to campus wayfinding signs. Case # 11-00500051 (MR) (Note: Final
action on this item is scheduled for the May 26, 2011 City Council Meeting--subject
to change)
Senior Planner Robinson presented the ordinance amendment regarding campus
wayfinding signs.
There was general discussion amongst the Commission regarding the ordinance
amendment.
Chairman Shafer opened the public hearing.
Sarah Worthy, 500 Nagle Street, College Station, Texas, stated that she liked the idea of
having more signs in the community to help with navigating through larger
developments.
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May 5, 2011 P&Z Regular Meeting Minutes Page 2 of 2
Chairman Shafer closed the public hearing.
Commissioner Slack motioned to approve the ordinance amendment.
Commissioner Stearns seconded the motion, motion passed (7-0).
4. Adjourn.
Commissioner Stearns motioned to adjourn the meeting. Commissioner Warner
seconded the motion, motion passed (7-0).
The meeting adjourned at 8:55 p.m.
Approved:
____________________________________
Scott Shafer, Chairman
Planning and Zoning Commission
Attest:
____________________________________
Brittany Caldwell, Admin. Support Specialist
Planning and Development Services
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