Loading...
HomeMy WebLinkAbout10/25/2012 - Regular Agenda Packet - City CouncilTable of Contents Agenda 3 Consent No. 2a - Minutes Coversheet revised 7 Workshop 8 Regular 12 Consent No. 2b - Funding Agreement with Keep Brazos Beautiful Coversheet revised 18 Consent No. 2c - Funding Agreement with College Station Noon Lions Club Coversheet revised 19 Consent No. 2d - Authorization to Disburse Incentive Funding for the Texas A&M Institute for Preclinical Studies (TIPS) Coversheet revised 20 Annual Certification ? Supporting Documentation Form 21 TAMU Statement of Compliance 27 Consent No. 2e - Contract and Grant for HOME Programs, Brazos Valley Community Action Agency Coversheet revised 28 Contract 29 Consent No. 2f - Approval of the 2012 Property Tax Roll Coversheet revised 46 Letter 47 2012 Levy Totals 48 Consent No. 2g - Water Storage Tank Rehabilitation Contract Coversheet revised 50 Bid Tab 51 Consultant Letter 53 Consent No. 2h - Interlocal Cooperation Contract with Department of Public Safety Coversheet revised 55 Interlocal Agreement 56 Consent No. 2i - Investment Policy/Broker-Dealer List/Strategy Resolution Coversheet revised 66 Investment Policy 67 Resolution 88 Consent No. 2j - Contract for Sand Pro Athletic Field Rakes and Fertilizer applicator Coversheet revised 89 1-Price Quotation 90 Consent No. 2k - Construction & Demolition Debris Residential Collection Franchise Agreement Termination - BCS Stop ‘N Go Potties Coversheet revised 92 1 Franchise Termination Ordinance 93 Resolution Repealing Resolution 10-11-12-2i 95 Consent No. 2L - Construction & Demolition Debris, Organic Waste, Recycling Collection Franchise Agreement - CCAA, LLC – Second Reading Coversheet revised 96 Agreement 97 Consent No. 2m - Water/Wastewater Legal Expenditures Coversheet revised 119 Consent No. 2n - Jones-Butler Roadway Extension (ST0905) Maintenance & Participation Agreement with Texas A&M University Coversheet revised 120 Location Map 122 Interlocal Agreement 123 Consent No. 2o - Annual Curb, Gutter & Flatwork Price Renewal Agreement Coversheet revised 149 Renewal 150 Vendor Request 151 Regular No. 1 - Recommendation to Name a Park Facility Coversheet revised 152 1 - Southwood Athletic Park Resolution - SIGNED 153 2 - Parks and Recreation Advisory Board Meeting Minutes 154 3 - Naming of City Facilities & Sub - Facilities 155 4 - Letters of support 159 Regular No. 2 - Public Hearing on Annual Review of the Comprehensive Plan and the Unified Development Ordinance Coversheet revised 290 Regular No. 3 - Economic Development Agreement between the City of College Station and Texas Hotel Management, L.P. Coversheet revised 291 Economic Development Agreement 292 Regular No. 4 - P&Z Appointments Coversheet revised 306 2 CITY OF COLLEGE STATION Home o/Texas A&M University·Mayor Council members Nancy Berry Blanche Brick Mayor Pro Tern Jess Fields Dave Ruesink Karl Mooney City Manager Katy-Marie Lyles David Neeley Julie M. Schultz Agenda College Station City Council Regular Meeting Thursday, October 25, 2012 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, Councilor staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent 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. 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: • October 11, 2012 Workshop • October 11, 2012 Regular Council Meeting b. Presentation, possible action and discussion on a funding agreement between the City of College Station and Keep Brazos Beautiful for FY13 in the amount of $46,240. c. Presentation, possible action and discussion on a funding agreement between the City of College Station and College Station Noon Lions Club for FY13 in the amount of$10,000. City Council Regular Meeting Page 2 Thursday, October 25, 2012 d. Presentation, possible action, and discussion authorizing the fourth of five annual payments of an economic development incentive in the total amount of $250,000 for the Texas A&M Institute for Preclinical Studies (TIPS). e. Presentation, possible action, and discussion on approving a contract for the grant of federal HOME CHDO Set-Aside funds with Brazos Valley Community Action Agency (BVCAA) in the amount of $114,795.00 for construction of an affordable single-family home at 1205 Carolina. f. Presentation, possible action, and discussion on approval of the 2012 Property Tax Roll in the amount of $25,503,096.29. g. Presentation, possible action, and discussion to authorize the City Manager to award contract 12-321 for $461,900 to MC Sandblasting & Painting, and to approve a contingency transfer of $115,000 from Water Capital Projects contingency budget, to recoat a water storage tank. h. Presentation, possible action, and discussion on an Interlocal Agreement between the City of College Station and Texas Department of Public Safety specifically related to OmniBase Services. 1. Presentation, possible action and discussion on a resolution stating that the City Council has reviewed and approved the City'S Investment Policy, Broker-Dealer List and Investment Strategy. J. Presentation, possible action, and discussion regarding approval to purchase equipment, and accessories associated with maintenance of athletic fields in the amount of $59,776. k. Presentation, possible action, and discussion on the termination of a franchise agreement with CCAA, LLC d/b/a BCS Stop N' Go Potties for the collection of demolition and construction debris from residential properties, and approval ofa Resolution Repealing Resolution 1O-11-12-2i. 1. Presentation, possible action, and discussion on the second reading of a franchise agreement with CCAA, LLC Brazos Valley Recycling and Big Dumpster; for the collection of construction and demolition debris, recycling, and organic waste collection from multifamily apartments and commercial business locations, and residential roll-off construction and demolition debris collection. m. Presentation, possible action, and discussion to authorize additional funds for professional legal services for Lloyd Gosselink in the amount of $20,000 for various water and wastewater issues. n. Presentation, possible action, and discussion regarding approval of an Interlocal agreement with Texas A&M University (TAMU) regarding maintenance and cost sharing for the Jones Butler Road Extension project. o. Presentation, possible action and discussion on the first renewal of bid #12-009, Contract #12-014 to Brazos Paving Inc. in an amount not to exceed $544,000.00 for the annual blanket order of concrete curb/gutter & flatwork used to maintain City infrastructure. Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. 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. Registration forms are available in the lobby and at the desk of the City Secretary. City Council Regular Meeting Page 3 Thursday, October 25,2012 Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 112 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 1. Presentation, possible action, and discussion regarding a recommendation to rename Southwood Athletic Park in College Station to Brian Bachmann Community Park. 2. Public Hearing, presentation, possible action, and discussion on the Annual Review of the Comprehensive Plan and the Annual Review of the Unified Development Ordinance (UDO). (Joint Meeting of the City Council and the Planning & Zoning Commission) 3. Presentation, possible action, and discussion regarding an Economic Development Agreement between the City of College Station and Texas Hotel Management, L.P. to support a specialized health hospital. 4. Presentation, possible action, and discussion regarding appointments to the following Boards and Commissions: • Planning & Zoning Commission 5. Adjourn. Iflitigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. 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, October 25, 2012 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. 9th day of October, 2012 at 5:00 p.m. 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, City Council Regular Meeting Page 4 Thursday, October 25, 2012 www.cstx.gov.TheAgendaandNoticearereadilyaccessibletothegeneralpublicatalltimes.Said Notice and Agenda were posted on October 19,2012 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 _______, 2012 Subscribed and sworn to before me on this the __day ______, 2012. 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. October 25, 2012 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: • October 11, 2012 Workshop • October 11, 2012 Regular Council Meeting Attachments: • October 11, 2012 Workshop • October 11, 2012 Regular Council Meeting 7 WKSHP101112 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION OCTOBER 11, 2012 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Jess Fields Karl Mooney Katy-Marie Lyles Julie Schultz Dave Ruesink City Staff: David Neeley, City Manager Kathy Merrill, Deputy City Manager Frank Simpson, Deputy 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 Workshop of the College Station City Council was called to order by Mayor Nancy Berry at 5:00 p.m. on Thursday, October 11, 2012 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, and §551.087-Econiic Development Negotiations, the College Station City Council convened into Executive Session at 5:01 p.m. on Thursday, October 11, 2012 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: 8 WKSHP101112 Minutes Page 2 • 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. • Chavers et a1 v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case No. 10 CV-3922. • College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023. • Shirley Maguire and Holly Maguire vs. City of College Station, Cause No. 11-0025 16- CV-272, in the 272nd District Court of Brazos County, Texas. • Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v. Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172- CV-272, in the 272ndDistrict Court of Brazos County, Tx. • Claim and potential litigation related to a June 24, 2011 collision with a city vehicle. B. Deliberation on the purchase, exchange, lease or value of real property; to wit: • Property located generally southwest of the intersection of Dartmouth Street and Holleman Drive in College Station. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • Planning and Zoning Commission D. Deliberation on economic development negotiations regarding an offer of financial or other incentives for a business prospect; to wit: • Economic development incentives to prospect in West College Station. The Executive Session adjourned at 6:00 p.m. on Thursday, October 11, 2012. 3. Take action, if any, on Executive Session. No action was required from Executive Session. • Presentations: Proclamation and Presentation celebrating National Community Planning Month. Mayor Berry presented a proclamation celebrating National Community Planning Month to the Planning and Development Department. • Recognition of an outstanding community-initiated implementation project of a Neighborhood Plan. Bob Cowell, Executive Director of Planning and Development Services, presented a Community Planning Video and an overview of October events. Mayor Berry recognized a Neighborhood Plan Implementation Project, the College Hills Community Garden. 9 WKSHP101112 Minutes Page 3 4. Presentation, possible action, and discussion on items listed on the consent agenda. No items were pulled. 5. Presentation, possible action and discussion on revised Performance Measures for the City of College Station. Jeff Kersten, Executive Director of Fiscal Services, stated that the Strategic Plan provides the direction. Tools for this plan include the financial forecast and annual budget, and department business plans. They have developed a multi-level monitoring, tracking and reporting system. Performance measures provide one means of determining progress being made on the Strategic Plan, and are key to determining how successful we are at implementing the strategies. Strategic goals will tie to the strategic plan. Objectives and measures will determine effectiveness, efficiency, and output. Several examples of measures for the strategic goals were provided. These key measures/indicators will be provided to the Council on a quarterly basis. 6. Council Calendar • • Oct. 12 Texas Reds Festival in Downtown - City of Bryan at 5:00 p.m. • Oct. 15 Scott & White Hospital Tour at Rock Prairie and Hwy 6, 8:30 a.m. • Oct. 16 86th Annual Transportation Short Course Luncheon in MSC - Room 2400, 12:00 p.m. • Oct. 17 RVP Board Meeting at RVP, 3:00 p.m. • Oct. 18 P&Z Workshop/Regular Meeting, Council Chambers, 6:00 p.m. (Julie Schultz, liaison) • Oct. 22 Council Management District Tour and Educational Session, Houston, Texas, 8:00 a.m. Oct. 25 City Council Executive Session/Workshop/Regular Meeting, at 5:00, 6:00, and 7:00 p.m. Council reviewed the Council calendar. 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. Councilmember Mooney would like to see an item about non-residential fees for Senior park programs. 8. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of the Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, BVSWMA, BVWACS, Convention & Visitors Bureau, Design Review Board, Historic Preservation Committee, Interfaith 10 WKSHP101112 Minutes Page 4 Dialogue Association, Intergovernmental Committee, Joint Neighborhood Parking Taskforce, Joint Relief Funding Review Committee, Landmark Commission. Library Board, Metropolitan Planning Organization, National League of Cities, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Sister City Association, TAMU Student Senate, Texas Municipal League, Youth Advisory Council, Zoning Board of Adjustments. Mayor Berry reported on Blinn College Brazos Advisory Committee. Councilmember Schultz reported on the RVP. Councilmember Mooney reported on the P&Z meeting he attended last week. 9. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:00 p.m. on Thursday, October 11, 2012. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 11 RM101112 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION OCTOBER 11, 2012 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields Karl Mooney Katy-Marie Lyles Julie Schultz Dave Ruesink City Staff: David Neeley, City Manager Kathy Merrill, Deputy City Manager Frank Simpson, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 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 7:12 p.m. on Thursday, October 11, 2012 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 . A moment of silence was observed in honor of our fallen firefighters. Citizen Comments Mary Pletzer, 8458 Smith, stated she lives in the City’s ETJ and feels this proposed dump site proposed to be located near her home will be a concern for the City as well. The dump site will affect air quality, water quality and the value of property surrounding the proposed site. She is 12 RM101112 Minutes Page 2 also concerned the site was chosen because of the minority population in the area. She is disturbed that the BVCOG’s unanimous vote against this site was disregarded by the TCEQ. If a dump is needed, she suggested it be put in an area that has more acreage for a buffer from people, not be located near the Brazos River, and in an area that has much smaller population. She is also concerned that it will be self-monitored. A lot of the material is considered hazardous material. Jimmy Pletzer, 8458 Smith, said he concurred with the prior speaker. Robert Marshall, 6165 Barnwood, spoke in opposition to the landfill. The Brushy community is an old and respected community and is in danger of being destroyed. The City’s annexation plan is available for properties that are in eminent danger of destruction. This is a tool the City could use to help with the landfill issue. The Bio-Corridor is only a half-mile mile from the landfill, and prospects will look at this issue, too, and will go somewhere else. Darlene Moffatt, 5959 Raymond Stotzer, stated her opposition to the dump site for many reasons. One reason is for health; the dust will irritate asthma patients. There will be debris on the highway and will damage cars and tires with dropped nails and screws. There will be added traffic on a major highway. There will be mud and dirt on a highway that is traveled daily, increasing accidents. Ruby Ell is, 7512 Raymond, said she is a member of the Brushy community. This is a project they do not want in their community. A lot of people have respiratory problems, and they want to protect every member in the community. The community has b een there since 1891. There is a lot of land north of Bryan where this can be located. Argie Butler, 8783 Vincent Road, lives in the Brushy community, and she is very disappointed with TCEQ. The dump site will eventually be as tall as Kyle Field and will end the quality of life as they know it. There are government agencies for every type of endangered species, but when it comes down to a quality of life that can change the way they live, not much emphasis is given. She did not know about the only public meeting held. She asked the Council to consider this in their back yard. There will be 196 trucks per day, six days a week within seven years. Dorothy Butler, 8783 Vincent Road, concurred with everything that has been said. Cora Rogers, 7472 Old Jones Road, read portions of Executive Order 12898, issued by the President on February 11, 1994. It stated that whenever adverse human health and environmental effects are identified against minorities and low income populations, there must be coordinated research and data collection, and public meetings must be conducted. She then provided examples of medications from recycling and noted her concern of this on a much larger scale. She has had health issues and asked the Council to please not let children grow up in the environment with which she is suffering. Joel Ross, 9925 Whites Creek Road, stated his concern about the image the City is trying to project with a landfill of eleven stories at the entrance to the City and airport. There will be 100+ trucks a day and health issues. 13 RM101112 Minutes Page 3 Paul Jiens, 9940 Whites Creek Road, voiced his opposition to the landfill. There are more appropriate locations than an established residential neighborhood. James Mitchell, 8474 Smith Lane, was absent. Larry Pa yton, 7490 Old Jones Road, was absent. Marie Everhart, 8735 Tyree, concurred with everything already said. Latricia Butler, 8728 Tyree, concurred with everything already said. Ed Bounds, 8301 McAllester Lane, which is two blocks north of the proposed facility, stated that when notified of the public meeting, he spoke with the owner, Mr. Mancuso, and was told it would essentially be a cow pasture. However, he later learned that was not the case. He does not oppose the business, but it has destroyed the peaceful tranquility he once had. He has also noticed respiratory medical issues within his family. The community doesn’t need this. It needs to be moved somewhere else. Deborah Peterson, _____________, concurred with everything said and asked the Council to please listen to what is being said. Eileen Beck, 9180 Oak Hills Circle, said she lives in the Brushy community. It is a treasure. Regardless of the side of the street you are on, they are one. This is community at its best. The landfill is only 1,300 feet off Highway 60. She recommended Council drive out and see the hole already there and imagine it eleven stories high. Edward Harkless, P.O. Box 57, Snook, stated the long term effect from this dump site will be detrimental to future kids. They have to put up with noise. They don’t want their families coming in for reunions to see this site. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • September 27, 2012 Workshop • September 27, 2012 Regular Council Meeting 2b. Presentation, possible action and discussion on approving the operations and maintenance funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY 13 totaling $100,000. 2c. Presentation, possible action and discussion on a funding agreement between the City of College Station and the Research Valley Partnership (RVP) for FY13 in the amount of $350,000. 2d. Presentation, possible action and discussion on approving the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and 14 RM101112 Minutes Page 4 discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY13 in the amount of $1,127,153. 2e. Presentation, possible action and discussion to approve Fiscal Year 2012-2013 expenditures for the Brazos County Health Department in the amount of $326,500. 2f. Presentation, possible action, and discussion authorizing the award of Bid No. 12-102 for the purchase of City branded uniforms for Parks athletic programs and for other City departments with CC Creations ($45,000) and Monograms and More ($30,000) for a combined annual estimated expenditure of $75,000. 2g. Presentation, possible action and discussion on renewing the annual price agreement for the purchase of fleet oils and lubricants with Kolkhorst Petroleum Co., Inc. for an annual expenditure of $100,940.40. (Bid No. 12-004). 2h. Presentation, possible action, and discussion on the first reading of a franchise agreement with CCAA, LLC Brazos Valley Recycling and Big Dumpster; for the collection of construction and demolition debris, recycling, and organic waste collection from multifamily apartments and commercial business locations, and residential roll-off construction and demolition debris collection. 2i. Presentation, possible action, and discussion on Resolution 10-11-12-2i, terminating a franchise agreement with CCAA, LLC d/b/a BCS Stop N' Go Potties for the collection of demolition and construction debris from residential properties. 2j. Presentation, possible action, and discussion approving Resolution 10-11-12-2j, authorizing a License Agreement with Jeffrey R French pertaining to the encroachment in to the public utility easement area of a portion of a structure located at Lot 22, Block 6, Section 2, Creek Meadows Subdivision Phase 3, according to the plat recorded in Volume 10452, Page 288 of the Official Records of Brazos County, Texas. Items 2b, 2c, and 2d were pulled from the Consent Agenda for a separate vote. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less items 2b, 2c, and 2d. The motion carried unanimously. (b)MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the operations and maintenance funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY 13 totaling $100,000. The motion carried. (c)MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve a funding agreement between the City of College Station and the Research Valley Partnership (RVP) for FY13 in the amount of $350,000. 15 RM101112 Minutes Page 5 The motion carried. (d)MOTION: Upon a motion made by Councilmember Ruesink and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY13 in the amount of $1,127,153. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012- 3451, for a zoning amendment request from PDD Planned Development District to PDD Planned Development District for 0.73 acre on Lots 9 and 10, Block 3 of the College Hills Estates Subdivision located at 1024 and 1026 Foster Avenue, generally located at the intersection of Foster Avenue and Francis Drive. At approximately 7:50 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:50 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz having recused herself, to adopt Ordinance 2012-3451, for a zoning amendment request from PDD Planned Development District to PDD Planned Development District for 0.73 acre on Lots 9 and 10, Block 3 of the College Hills Estates Subdivision located at 1024 and 1026 Foster Avenue, generally located at the intersection of Foster Avenue and Francis Drive. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion approving Ordinance 2012-3452, vacating and abandoning a 4,809 square foot portion of the Barracks II Parkland Tracts 3 and 4 for use as needed public right-of-way. The property is generally located at 3100 Haupt Road and is part of the Barracks II Subdivision. At approximately 7:53 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:53 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012- 3452, vacating and abandoning a 4,809 square foot portion of the Barracks II Parkland Tracts 3 and 4 for use as needed public right-of-way. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion on Ordinance 2012-3453, amending the College Station Comprehensive Plan by adopting the Medical District Master Plan for the area generally located in the vicinity of State Highway 6 South, Rock 16 RM101112 Minutes Page 6 Prairie Road, William D. Fitch Parkway, Graham Road, Longmire Drive, and Ponderosa Drive. At approximately 8:33 p.m., Mayor Berry opened the Public Hearing. Clyde Goen, 13640 Tonakaway Lake Road, stated the original proposal had the property along Rock Prairie Road zoned medical, but now they are not. It is difficult to figure out what to do with the property now; it is not what they purchased it for. None of the property owners were invited for input. Tom Goen, 705 Putter Court, concurred with the prior speaker and stated the other property owners were not involved in the process. They never saw the finalized plan until six days before it went before Planning and Zoning. The way the property was handled was not to their benefit. He is at a loss as to why they were not allowed to participate in process. There being no further comments, the Public Hearing was closed at 8:37 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Lyles, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields voting against and Mayor Berry abstaining, to adopt Ordinance 2012-3453, amending the College Station Comprehensive Plan by adopting the Medical District Master Plan for the area generally located in the vicinity of State Highway 6 South, Rock Prairie Road, William D. Fitch Parkway, Graham Road, Longmire Drive, and Ponderosa Drive. The motion carried. 4. • Presentation, possible action, and discussion regarding appointments to the following Boards and Commissions: Planning & Zoning Commission This item was postponed to October 25, 2012. 5. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:06 p.m. on Thursday, October 11, 2012. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 17 October 25, 2012 Consent Agenda Item No.2b Funding Agreement with Keep Brazos Beautiful To: David Neeley, City Manager From: Jeff Kersten, Executive Director, Business Services Agenda Caption: Presentation, possible action and discussion on a funding agreement between the City of College Station and Keep Brazos Beautiful for FY13 in the amount of $46,240. Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2012-2013 budget process the City Council approved funding for Keep Brazos Beautiful in the amount of $46,240. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2012-2013 Sanitation Fund for the total amount of $46,240. $31,000 is to be used for the operations and maintenance of Keep Brazos Beautiful. $15,240 is to be used for community enhancement grants, projects and events administered by Keep Brazos Beautiful, such as their Annual Awards Gala, the Don’t Mess With Texas Trash-Off and other public landscape and litter-abatement projects. Attachments: 1. Keep Brazos Beautiful Funding Agreement (Available in City Secretary’s Office) 18 October 25, 2012 Consent Agenda Item No. 2c Funding Agreement with College Station Noon Lions Club To: David Neeley, City Manager From: Jeff Kersten, Executive Director, Business Services Agenda Caption: Presentation, possible action and discussion on a funding agreement between the City of College Station and College Station Noon Lions Club for FY13 in the amount of $10,000. Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2012-2013 budget process the City Council approved funding for College Station Noon Lions Club in the amount of $10,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2013-2013 General Fund for the total amount of $10,000. Those appropriated funds shall be used to provide the “I Love America” Fourth of July Celebration at the George Bush Presidential Library and Museum. Attachments: 1. College Station Noon Lions Club Funding Agreement (Available in City Secretary’s Office) 19 October 25, 2012 Consent Agenda Item No. 2d Authorization to Disburse Incentive Funding for the Texas A&M Institute for Preclinical Studies To: David Neeley, City Manager From: Randall Heye, Economic Development Analyst Agenda Caption: Presentation, possible action, and discussion authorizing the fourth of five annual payments of an economic development incentive in the total amount of $250,000 for the Texas A&M Institute for Preclinical Studies (TIPS). Recommendation(s): In fulfillment of the City’s obligation, staff recommends approval of the fourth of five annual payments of $250,000 to Texas A&M University for performance in 2011-2012. Summary: On December 14, 2006 the City Council unanimously approved a resolution in support of a five year, $1.25 million incentive for the development of TIPS by Texas A&M University as part of a larger Economic Development Agreement with the Research Valley Partnership (RVP). In return for the City’s investment, TIPS has made an investment of more than $40,000,000 in real and personal property and constructed an 112,000 square foot facility on Raymond Stotzer Parkway. Approximately 12,000 gross square feet of that facility serves as life science business accelerator offices. Additionally, TIPS has committed to create new jobs each year for the term of the agreement. During State Fiscal Year 2012, TIPS hired 7 new employees and maintained 31 total employees, not including student workers. Further details regarding TIPS’ performance in Fiscal Year 2012 are included in the attached Annual Certification – Supporting Documentation Form. The RVP has confirmed that TIPS is in full compliance with the provisions set forth in the Resolution adopted by City Council. Both the City of Bryan and Brazos County are also providing incentives and are expected to make their fourth annual payment. Budget & Financial Summary: The cost of the City’s portion of the total incentive package provided to TIPS is $1.25 million over the life (five years) of the agreement. The City’s 2012 payment of $250,000 is budgeted and will be expended from the City’s Economic Development Fund. Attachments: Annual Certification – Supporting Documentation Form TAMU Statement of Compliance 20 21 22 23 24 25 26 27 October 25, 2012 Consent Agenda Item No. 2e Contract and Grant for HOME Programs, Brazos Valley Community Action Agency To: David Neeley, City Manager From: Bob Cowell, AICP, CNU-A, Executive Director - Planning and Development Services Agenda Caption: Presentation, possible action, and discussion on approving a contract for the grant of federal HOME CHDO Set-Aside funds with Brazos Valley Community Action Agency (BVCAA) in the amount of $114,795.00 for construction of an affordable single- family home at 1205 Carolina. Relationship to Strategic Initiatives: Financially Sustainable City, Core Services and Infrastructure, and Neighborhood Integrity Recommendation(s): Staff recommends approval of the Contract. Summary: The federal HOME Program provides assistance to income qualified persons by providing funds for a variety of affordable housing activities. The City is required by HUD to make 15% of each year's HOME grant allocation available for non-profit agencies that meet the definition of a Community Housing Development Organization (CHDO). CHDO's must have, as one of their goals, the provision of affordable housing. They must also have board make-ups that comply with HOME Program requirements. The 15% CHDO set-aside funds may be used for most HOME eligible activities. If these set-aside funds are not made available to an eligible non-profit CHDO, or if no eligible non-profit CHDO is available to utilize the funding, those funds will be recaptured by HUD. On August 31, 2012, two (2) bid proposals were received in response to Bid No. 12-087. One proposal received from EMBRACE Brazos Valley was deemed to be ineligible for funding. This agreement with BVCAA designates $114,795.00 of unobligated HOME Grant funds to be used by the CHDO toward the construction of a new, affordable single-family home at 1205 Carolina (Lot 3, Block 6, McCoulloch’s Subdivision, Volume 122,page 91) . BVCAA utilized previously allocated CHDO reserve funds to procure the lot in 2010. Budget & Financial Summary: Funding for this contract will come entirely from the City’s FY2011 and FY2012 federal HOME Investment Partnership Program Grants budget. These funds were approved by Council for these activities in the Community Development 2010 and 2011 Action Plans, and the 2010-2014 Consolidated Plan. These funds may only be used by eligible CHDO's. HOME grant funds are required to be allocated within 24 months of the grant year, and expended within 4 years. Attachments: Attachment 1: Contract and Grant for HOME Programs 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 October 25, 2012 Consent Agenda Item No. 2f Approval of the 2012 Property Tax Roll To: David Neeley, City Manager From: Jeff Kersten, Executive Director Business Services Agenda Caption: Presentation, possible action, and discussion on approval of the 2012 Property Tax Roll in the amount of $25,503,096.29. Recommendation(s): Staff recommends approval of the 2012 Property Tax Roll in the amount of $25,503,096.29. Summary: Section 26.09 (e) of the Texas Property Tax Code mandates formal approval of the Tax Roll by the City Council as the final step in the process of establishing the tax roll for the new year. The tax roll consists of the Maintenance and Operations levy and the Interest and Sinking fund levy. The tax roll that will be generated by the tax rate of $0.430687 per $100 assessed valuation is $25,503,096.29. This tax rate was adopted by the City Council on September 13, 2012. Budget & Financial Summary: See above Attachments: 1. Letter 2. 2012 Levy Totals 46 Kristeen Roe, RTA, CTA Brazos County Tax Assessor/Collector 300 E. Wm J Bryan Pkwy Bryan, TX 77803 979-361-4470 979-361-4487 - Fax October 8, 2012 Honorable Nancy Berry Mayor College Station, TX RE: 2012 Tax Rolls Dear Mayor Berry: I am providing the 2012 tax roll total information for the City of College Station as required by the Texas Property Tax Code: Sec. 26.09 (e) The assessor shall enter the amount of tax determined as provided by this section in the appraisal roll and submit it to the governing body of the unit for approval. The appraisal roll with amounts of tax entered as approved by the governing body constitutes the unit’s tax roll. Please place acceptance of the 2012 Tax Rolls on the next Council Agenda as the formal creation of the tax rolls for the City of College Station. The Brazos County Tax Office received two supplemental value/ownership/exemption change files from the Brazos County Appraisal Review Board after the original 2012 value certification. The tax office accepted and balanced all of these changes prior to calculation of the 2012 tax rolls. A copy of the taxable values as well as the tax ceiling information for the City of College Station used for calculation is included on the levy totals pages. Please contact me if you have any questions concerning these figures. Respectfully, Kristeen Roe, RTA, CTA Tax Assessor/Collector Brazos County CC: Jeff Kersten, Chief Financial Officer Sherry Mashburn, City Secretary ENC 47 48 49 October 25, 2012 Consent Agenda Item No. 2g Water Storage Tank Rehabilitation Contract To: David Neeley, City Manager From: David Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion to authorize the City Manager to award contract 12-321 for $461,900 to MC Sandblasting & Painting, and to approve a contingency transfer of $115,000 from Water Capital Projects contingency budget, to recoat a water storage tank. Recommendations: Staff recommends Council approve the construction contract award and recommends approval of the contingency transfer. Summary: The coating systems on the three million gallon (MG) ground storage reservoir (GSR) are failing and need to be replaced. This water storage tank is of steel construction and any uncoated steel will rust quickly when exposed to chlorinated water and air. This contract also contains one small item of work on the Park Place Water Tower. Quotes for completion of this work were solicited under bid #12-096 and the second lowest bid was determined by our Consulting Engineer to be the lowest responsive, responsible bidder. During our Consultant’s review of the apparent lowest bidder’s references, he found two unsatisfied clients and therefore could not recommend the low bidder. The Consultant’s letter of recommendation of award is attached. (Please note, none of the bidders are local.) The budget for this project was developed based on Engineering estimates, however, market conditions have changed in this industry as all of the quotes we received for this work were over the project’s budget. Since this project is essential to maintain the integrity of the water storage tank and drinking water quality, it is important that we transfer the funds from contingency and award this contract expeditiously to ensure all of the tank repair work is completed before the high water demand season begins next May. Budget & Financial Summary: Budget in the amount of $408,745 is included in the Water Capital Projects Fund for this project. Funds in the amount of $52,732 have been expended or committed to date, leaving a balance of $356,012. The recommended award amount is $461,900which exceeds the remaining budget available. To cover this overage, a contingency transfer in the amount of $115,000 is being requested for approval. Contingency transfers greater than $15,000 require Council approval. There is adequate budget within the Water Capital Projects contingency to cover the budget shortfall on this project. Attachments: Bid Tab Consultant letter Contract on file with City Secretary 50 City of College Station - Purchasing DivisionBid Tabulation for #12-096"Dowling Road Pump Station Water Tank Rehabilitation Project"Open Date: Thursday, September 6, 2012 @ 2:00 p.m.A&M Construction & Utilities, Inc.(Rowlette, TX)MC Sandblasting & Painting, Inc.(Cedar Springs, MI)Corrosion Eliminators, Inc.(Mineral Wells, TX)Blastco Texas, Inc.(Houston, TX)Central Tank Coatings, Inc.(Elgin, IA)M.K. Painting, Inc.(Wyandotte, MI)N.G. Painting, LP(Kerrville, TX)Horizon Bros. Painting Corp.(Howell, MI)Utility Service Co., Inc.(Perry, GA)H20 Steel Contractors, Inc.(Waxahachie, TX)LC United Painting Co., Inc.(Sterling Heights, MI)Tank Pro, Inc.(Tuscaloosa, Al)Classic Protective Coatings, Inc.(Menomonie, WI)ITEM QTY/UNIT DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE11 Lump SumFurnish material and labor to replace the interior coating system ofthe 3 MG GST per the Technical Specifications$204,000.00 $222,000.00 $248,200.00 $245,000.00 $241,000.00 $240,000.00 $220,000.00 $210,000.00 $235,000.00 $265,000.00 $338,000.00 $353,268.00 $368,650.0021 Lump SumFurnish material and labor to replace the exterior coating system ofthe 3MG GST per the Technical Specifications$173,000.00 $177,000.00 $171,000.00 $160,000.00 $152,000.00 $187,000.00 $230,000.00 $240,000.00 $203,500.00 $245,000.00 $235,000.00 $273,212.00 $233,000.0031 Lump SumFurnish material and labor to perform the repair items on the 3 MGGST per the Technical Specifications$36,000.00 $26,400.00 $15,360.00 $46,500.00 $49,000.00 $38,000.00 $30,000.00 $20,000.00 $104,500.00 $41,000.00 $38,000.00 $36,925.00 $88,000.0041 Lump SumFurnish material and labor to replace the coating on the wet risertube of the 3 MG EST per the Technical Specifications$12,000.00 $16,500.00 $19,000.00 $15,000.00 $32,000.00 $15,000.00 $10,000.00 $34,000.00 $12,000.00 $30,000.00 $23,000.00 $20,000.00 $53,500.00$425,000.00 $441,900.00 $453,560.00 $466,500.00 $474,000.00 $480,000.00 $490,000.00 $504,000.00 $555,000.00 $581,000.00 $634,000.00 $683,405.00 $743,150.00A.1 1 Lump SumFurnish material and labor to remove surface contaminants oninterior of 3 MG GST as required$5,000.00 $20,000.00 $10,000.00 $2,500.00 $15,000.00 $5,000.00 $8,000.00 $6,000.00 $25,000.00 $20,000.00 $19,000.00 $6,000.00 $4,500.00A.21 Lump Sum(+/-)Alternate coating system. Add to or deduct amount from Base BidAmount to install alternate coating systems per the TechnicalSpecifications. **(Must indicate + or -)**$0.00 $5,000.00 "Same" $0.00 $0.00 "No Bid" "No Bid" -$10,000.00 -$15,000.00 "No Bid" "No Bid" "N/A" $100.00***Bids are currently being evaluated by the City Department and Consultant***Certification of BidTOTAL BASE BID (ITEMS 1-4)BASE BIDBID ALTERNATES          LC United Painting Co., Inc.»Bidder miscalculated the Base Bid Amount as $630,000.00. The highlighted total above is correct.NOTES:Certification of Bid Bid BondAcknowledged AddendumsPage 1 of 251 City of College Station - Purchasing DivisionBid Tabulation for #12-096"Dowling Road Pump Station Water Tank Rehabilitation Project"Open Date: Thursday, September 6, 2012 @ 2:00 p.m.TMI Coatings, Inc.(St. Paul, MN)UNIT PRICE$389,100.00$297,000.00$59,100.00$20,100.00$765,300.00$7,500.00-$1,000.00Page 2 of 252                                                                                                                                                                                      DUNHAM ENGINEERING, INC. www.DunhamEngineering .com Registration Number: F- 2253 13141 Hill Rd. College Station, TX 77845 (979) 690-6555 Fax: (979) 690-7034     1    September 12, 2012 City of College Station 1101 Texas Ave. College Station, Texas Attn: Brian Smith, Water System Supervisor Ref.: Dowling Road 3 MG GST Tank Rehab Project The purpose of this letter is to recommend a contractor for the ref. project. We reviewed the three low bidders and talked to each of them regarding their understanding of the project requirements and their availability to provide the services required per the project specifications. Our comments are provided below concerning each of the contractors. A&M Construction & Utilities (low bidder)  Completed two similar projects under direction of our firm.  Used sub-contractors for majority of work on both projects. A&M mostly provided office management and minimal supervision of sub-contractors on each project.  Sub-contractors were not aware of all project requirements and required a great deal of extra work and effort from both the engineer and the tank Owner to deal with.  Both project Owners asked that A&M not be allowed to bid future work for them.  A&M rep. claims they will not use sub-contractors on this project but they have no work history to insure they can actually do the work with their own crews.  Project supervisor identified to our office has no history with our firm. MC Sandblasting & Painting (second low bidder)  Contractor specializes in water tank rehabilitation projects only.  Completed seven similar projects under direction of our firm.  MC never uses sub-contractors. MC always employs own workers.  MC has never had a problem completing any project on time within budget.  Supervisor identified for project has excellent history with our firm.  Project Owners have welcomed and encouraged MC bidding their future work. Corrosion Eliminators (third low bidder)  Contractor specializes in water tank rehabilitation projects.  Completed four similar projects under direction of our firm.  CE never uses sub-contractors. CE always employs own workers.  CE has history of not completing projects on time under direction of our firm. Two project Owners asked CE not to bid their work again due to project schedule over-run. 53 Based on the project requirements that majority of work be completed by workers employed directly b y the contractor and the time sensitive nature of thi s project, we recommend Me Sandblast in g & P ai nting for award of the project. We have a consid erable amount of confid ence in their ability to properly m an the project with their own workers and to complete the project on schedule in a professional manner. Please call if we can provide additional information. We look forward to worki ng with you on this project. S in cerely, t \ ~. J immy D. Dunham, P. E. 2 54 October 25, 2012 Consent Agenda Item No. 2h Interlocal Cooperation Contract with Department of Public Safety To: David Neeley, City Manager From: Jeff Kersten, Executive Director Business Services Agenda Caption: Presentation, possible action, and discussion on an Interlocal Agreement between the City of College Station and Texas Department of Public Safety specifically related to OmniBase Services. Recommendation(s): Staff recommends approval of the Interlocal Agreement. Summary: We currently have an agreement with DPS for the Failure to Appear Program offered by the Driver License Division under Transportation Code Chapter 706. This program allows us to report to a third party contracted with DPS (OmniBase) defendants who have failed to appear before the court. DPS/OmniBase puts a hold on the defendants ability to renew their drivers license until the fines and fees have been paid. Under the existing agreement, courts are required to report compliance within five business days. Section 706.005 of the Transportation Code was amended during the 82nd Legislative Session to require courts to immediately notify Texas Department of Public Safety when no cause exists to continue to deny renewal of a person’s driver license. To continue this contract, the City of College Station must approve the amended Interlocal Cooperation Contract. Budget & Financial Summary: The OmniBase fee authorized is thirty ($30.00) dollars per fine- only misdemeanor offense in addition to any other fines, penalties, or court costs required by city ordinance or state or federal law. The City receives $4.00, Omni gets $6.00 and the State receives $20 from each case placed in this program. City revenue generated by this fee is estimated to be $19,000 per year. Attachments: Interlocal Agreement 55 56 57 58 59 60 61 62 63 64 65 October 25, 2012 Consent Agenda Item No. 2i Investment Policy/Broker-Dealer List/Strategy Resolution To: David Neeley, City Manager From: Jeff Kersten, Executive Director of Business Services Agenda Caption: Presentation, possible action and discussion on a resolution stating that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List and Investment Strategy. Recommendation(s): Staff recommends review and approval of the resolution. Summary: The Public Funds Investment Act requires an annual review and approval of the City's investment policy and investment strategies. The Act further requires the following: (1) that the governing body adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies, and (2) that the written instrument so adopted records any changes to either the investment policy or investment strategies. The City’s investment policy has been reviewed and amended to reflect the legislative changes that have occurred during the 82nd Legislative Session. It was also revised to reflect current position titles. No substantive changes were made to the investment policy. An annual review of the City’s authorized broker/dealers was performed. There are no changes to this list. Firms approved to do business with the City are: o Costal Securities, Inc. o Vining Sparks, Deutsche Bank Alex Brown o First Southwest Securities o First Empire Securities As part of the City’s Investment Policy, Council is to review, approve and adopt any modifications to the list. Budget & Financial Summary: None Attachments: Investment Policy and Strategy Resolution 66 ___________________________________________________________ Investment Strategy and Policy 2013 Approved by Council October XX, 2012 ___________________________________________________________ PDF created with pdfFactory Pro trial version www.pdffactory.com67 Revised: October 2012 2 Table of Contents INVESTMENT STRATEGY _________________________________________________________________________________ 3 I. POLICY _______________________________________________________________________________________________ 4 II. SCOPE ______________________________________________________________________________________________ 4 III. INVESTMENT OBJECTIVES _____________________________________________________________________________ 4 Safety ________________________________________________________________________________________________ 4 Liquidity ______________________________________________________________________________________________ 5 Yield _________________________________________________________________________________________________ 5 IV. RESPONSIBILITY AND CONTROL _______________________________________________________________________ 5 Delegation of Authority _________________________________________________________________________________ 5 Cash Flow Analysis ____________________________________________________________________________________ 5 Training Requirement __________________________________________________________________________________ 5 Internal Controls _______________________________________________________________________________________ 6 Prudence _____________________________________________________________________________________________ 6 Ethics and Conflicts of Interest ___________________________________________________________________________ 6 V. SUITABLE AND AUTHORIZED INVESTMENTS ______________________________________________________________ 7 Portfolio Management __________________________________________________________________________________ 7 Investments ___________________________________________________________________________________________ 7 Exemption for Existing Investments ______________________________________________________________________ 8 Loss of Required Rating ________________________________________________________________________________ 8 VI. INVESTMENT PARAMETERS ___________________________________________________________________________ 9 Maximum Maturities ____________________________________________________________________________________ 9 Diversification _________________________________________________________________________________________ 9 VII. FINANCIAL INSTITUTIONS AND DEALERS _______________________________________________________________ 9 Depository ____________________________________________________________________________________________ 9 Authorized Brokers/Dealers ____________________________________________________________________________ 10 Competitive Bids _____________________________________________________________________________________ 11 Delivery vs. Payment __________________________________________________________________________________ 11 VIII. SAFEKEEPING OF SECURITIES _______________________________________________________________________ 11 Safekeeping Agreement ________________________________________________________________________________ 11 Safekeeping and Custody ______________________________________________________________________________ 11 Collateralization ______________________________________________________________________________________ 11 IX. PERFORMANCE STANDARDS _________________________________________________________________________ 12 Performance Standards ________________________________________________________________________________ 12 Performance Benchmark _______________________________________________________________________________ 12 X. REPORTING _________________________________________________________________________________________ 12 Methods _____________________________________________________________________________________________ 12 Marking to Market _____________________________________________________________________________________ 12 XI. INVESTMENT POLICY ADOPTION ______________________________________________________________________ 13 QUALIFIED BROKERS/DEALERS __________________________________________________________________________ 14 GLOSSARY OF COMMON TREASURY TERMINOLOGY ________________________________________________________ 15 PDF created with pdfFactory Pro trial version www.pdffactory.com68 Revised: October 2012 3 INVESTMENT STRATEGY The City of College Station will pursue a passive investment strategy. Investments will be purchased with the intent of holding to maturity and will only be sold early under exceptional circumstances. In purchasing investments, the investment officer will attempt to follow a ladder strategy to ensure that the portfolio will have at least one investment maturing every month. Investment priorities are as follows: 1. Suitability - Any investment allowed under the Investment Policy is suitable. 2. Preservation and Safety of Principal - Investments of the City shall be undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio. 3. Liquidity - The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operational requirements that might reasonably be anticipated. 4. Marketability - Investments should have an active and efficient secondary market to enable the City to liquidate investments prior to the maturity if the need should arise. 5. Diversification - The Investment Officer will attempt to maintain a diversified portfolio with regard to security type, financial institution providing the security, and maturity. 6. Yield - The City’s investment portfolio shall be designed with the objective of attaining the maximum rate of return throughout budgetary and economic cycles, taking into account the City’s risk constraints and the cash flow characteristics of the portfolio. PDF created with pdfFactory Pro trial version www.pdffactory.com69 Revised: October 2012 4 CITY OF COLLEGE STATION INVESTMENT POLICY The Public Funds Investment Act, Chapter 2256, Texas Government Code, as Amended (”PFIA” herein), requires each city to adopt rules governing its investment practices and to define the authority of the investment officer. The following Investment Policy addresses the methods, procedures, and practices that must be exercised to ensure effective and judicious fiscal management of the City of College Station funds. I. POLICY It is the policy of the City of College Station, Texas (“City”) to invest public funds in a manner, which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all federal, state and local statutes governing the investment of public funds. II. SCOPE This investment policy applies to all the financial assets held by the City. These funds are defined in the City’s Comprehensive Annual Financial Report (CAFR) and include: General Fund Special Revenue Funds Debt Service Fund Capital Projects Funds Enterprise Funds Internal Service Funds Any new funds created by the City will be subject to this policy unless specifically exempted by the City Council. To maximize the effective investment of assets, all funds mentioned above will pool their cash balances for investment purposes. The income derived from investing activities will be distributed to the various funds based on calculation of their average balances. III. INVESTMENT OBJECTIVES The City of College Station shall manage and invest its cash with three primary objectives, listed in order of priority: safety, liquidity and yield. The safety of the principal invested always remains the primary objective. Safety Safety of Principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio. PDF created with pdfFactory Pro trial version www.pdffactory.com70 Revised: October 2012 5 Liquidity The City’s investment portfolio will remain liquid to enable the City to meet all operational requirements that might reasonably be anticipated. Yield The City shall invest funds in investments that earn a competitive market yield consistent with stated objectives. For bond proceeds to which arbitrage restrictions apply, the primary objectives shall be to obtain a fair market yield and to minimize the costs associated with the investment of such funds within the constraints of the investment policy and applicable bond covenants. IV. RESPONSIBILITY AND CONTROL Delegation of Authority The Executive Director of Business Services or his Designee is designated the City’s Investment Officer. The Investment Officer shall be responsible for the investment of funds consistent with this Policy, and shall have the authority necessary to carry out such responsibilities. An investment committee consisting of the Investment Officer and at least two other staff members designated by the City Manager will also be formed. This committee will be responsible for selecting eligible broker/dealers, reviewing, and updating the investment policy annually. All participants in the investment process shall seek to act responsibly as custodians of the public trust. The Investment Officer shall establish written procedures for the operation of the investment program consistent with this investment policy. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Investment Officer. The Investment Officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Cash Flow Analysis Supplemental to the financial and budgetary systems, the Investment Officer will maintain a cash flow forecasting process designed to monitor and forecast cash positions for investment purposes. Cash flow analysis will include the historical researching and monitoring of specific cash flow items, payables and receivables as well as overall cash position and patterns. Training Requirement In order to ensure the quality and capability of investment management, the Executive Director of Business Services and the Investment Officer shall: PDF created with pdfFactory Pro trial version www.pdffactory.com71 Revised: October 2012 6 - attend at least one training session within 12 months of assuming duties and containing not less than 10 hours of instruction from an independent source approved by the governing board or a designated investment committee; - receive training which includes education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio, and compliance with the PFIA; and - attend a training session not less than once each state fiscal biennium (beginning on the first day of the fiscal year and consisting of two consecutive fiscal years after that date) and receive not less than10 hours of training from an independent source approved by the governing board or a designated investment committee. Internal Controls The Investment Officer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. Annually, the City’s independent auditors will review quarterly reports for the fiscal year. Prudence Investments shall be made with the judgment and care which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City, particularly with regard to the time of purchases and sales. Employees and investment officials shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City. PDF created with pdfFactory Pro trial version www.pdffactory.com72 Revised: October 2012 7 On an annual basis, the Investment officials shall sign a statement acknowledging that they are incompliance with Section 2256.005 (i) of the Public Funds Investment Act. V. SUITABLE AND AUTHORIZED INVESTMENTS Portfolio Management The City currently has a “buy and hold” portfolio strategy. Maturity dates are matched with cash flow requirements and investments are purchased with the intent to be held until maturity. Investments Acceptable investments under this policy shall be limited to the instruments as described by the Government Code; Chapter 2256, Sections 2256.009 through 2256.011 and Sections 2256.013 through 2256.016 of the Public Funds Investment Act. Investment of funds in any instrument or security not authorized for investment under the Act is prohibited. · Authorized 1. Direct obligations of the United States government: U.S. Treasury Bills, U.S. Treasury Notes, and U.S. Treasury Bonds as well as Bonds or other interest bearing obligations for which the principal and interest are guaranteed by the full faith and credit of the United States government and rated not less than A or its equivalent by at least one nationally recognized investment rating firm. 2. Federal Agencies and Instrumentalities including but not limited to, discount notes, callables and debentures of the Federal National Mortgage Association (FNMA), the Federal Home Loan Bank (FHLB), the Federal Farm Credit Bank (FFCB), and the Federal Home Loan Mortgage Corporation (FHLMC). 3. Time Certificates of Deposit, insured by the Federal Deposit Insurance Corporation (FDIC) or its successor, or the National Credit Union Share Insurance Fund or its successor, in state or national banks. Any deposits exceeding FDIC insurance limits shall be collateralized at 102% of the face amount of the Certificate of Deposit by securities listed in 1 - 2 above and held by the City's custodial bank or the custodial bank of the institution the CD’s are held. Bids for Certificates of Deposit may be solicited orally, in writing, electronically or using any combination of these methods. 4. Repurchase Agreements with a defined termination date of 90 days or less collateralized by a combination of cash and securities listed in 1 - 2 above. Collateral must have a minimum market value of 102% of the repurchase agreement, and must be held by the custodian bank or other independent third-party custodian contracted by the City. Bond proceeds may be invested in flexible repurchase agreements with maturity dates not exceeding the expected final project expenditure if a formal bidding process is followed and properly documented for IRS purposes. PDF created with pdfFactory Pro trial version www.pdffactory.com73 Revised: October 2012 8 5. Commercial Paper maturing within 180 days carrying a minimum rating not less than A-1 or P-1 or equivalent by two nationally recognized rating agencies, or; rated not less than A-1 or P-1 equivalent by one nationally recognized rating agency plus secured by an irrevocable letter of credit issued by a domestic bank. 6. AAArated Money Market Mutual Funds registered with the Securities and Exchange Commission that invest exclusively in investments described in this section. 7. AAA-rated Investment Pools organized under the Texas Interlocal Cooperation Act that follow the requirements in the Public Funds Investment Act and which have been specifically approved by the City. · Not Authorized The following security types are not permitted: 1. Obligations whose payment represents the coupon payments of the underlying mortgage-backed security collateral and pays no principal (IO’s); 2. Obligations whose payment represents the principle stream from the underlying mortgage-backed security collateral and bears no interest (PO’s); 3. Collateralized Mortgage Obligations (CMO’s) that have a stated final maturity date of greater than 10 years; and 4. Any security, the interest rate of which is determined by an index that adjusts opposite to the changes in the Market index (inverse floaters). Exemption for Existing Investments Any investment, which was authorized at the time of purchase, shall not be required to be liquidated. Loss of Required Rating If any security that requires a minimum investment rating is downgraded below that minimum rating subsequent to purchase, it will no longer be considered an authorized investment. As a result, the City shall take all prudent measures to liquidate the security in effort to preclude or reduce principle loss. The City will select a different approved broker/dealer each quarter to verify the ratings of securities held. Local Government Pools ratings will be verified quarterly by checking their websites. PDF created with pdfFactory Pro trial version www.pdffactory.com74 Revised: October 2012 9 VI. INVESTMENT PARAMETERS Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase. Additionally, the City will maintain a dollar-weighted average maturity of two years or less. Diversification It is the intent of the City to diversify the investment instruments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should be flexible depending upon the outlook for the economy and the securities markets. If conditions warrant, the guidelines below may be exceeded by approval of the Investment Committee. With the exception of U.S. Treasury securities, authorized pools, and the City’s depository accounts, the City may not invest more than 30% of the City’s investment portfolio with a single financial institution. In addition, the following maximum limits, by instrument, are established for the City’s total portfolio: 1. U.S. Treasury Securities 100% 2. Agencies and Instrumentalities 70% 3. Certificates of Deposits 30% 4. Money Market Mutual Funds 30% 5. Repurchase Agreements 20% 6. Commercial Paper 20% 7. Authorized Pools 70% VII. FINANCIAL INSTITUTIONS AND DEALERS Depository At least every three to five years a Depository shall be selected through the City’s banking services procurement process, which shall include a formal request for application (RFA). The selection of a depository will be determined by competitive bid and evaluation of bids will be based on the following selection criteria: · The ability to qualify as a depository for public funds in accordance with state and local laws. · The ability to provide requested information or financial statements for the period specified. PDF created with pdfFactory Pro trial version www.pdffactory.com75 Revised: October 2012 10 · The ability to meet all requirements in the banking RFA. · Complete response to all required items on the bid form. · Lowest net banking service cost, consistent with the ability to provide an appropriate level of service. · The credit worthiness and financial stability of the bank. The bank depository contract is subject to Council approval. During the term of the contract, additional accounts may be established. The City may open a cash money market account with its approved depository bank. Accounts held by the approved bank are to be collateralized at no less than 105%. Two authorized signers on the City’s accounts must approve the establishment of new accounts. Authorized Brokers/Dealers The Investment Officer shall maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services in the State of Texas. These may include “primary” or regional dealers that qualify under SEC rule 15C3-1. No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Investment Officer with a completed Broker/Dealer Questionnaire and Certification, which shall include the following: · An audited financial statement for the most recent period. · Proof of certification by the Financial Industry Regulatory Authority (FINRA). · Proof of current registration with the State Securities Commission. Financial institutions eligible to transact investment business with the City shall be presented a written copy of this Investment Policy. Additionally, the qualified representative of the business organization seeking to transact investment business shall execute a written instrument substantially to the effect that the qualified representative has received and reviewed this Investment Policy, and acknowledged that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities with the City. The City will not enter into an investment transaction with a Broker/Dealer prior to receiving the written agreement described above and current audited financial statements. Annually, the Investment Committee shall review and revise the list as needed. The Committee will consider any new firms that have submitted the required documentation and review the performance of the previously approved firms. Any modifications to the list will be submitted to Council for their review, approval and adoption. PDF created with pdfFactory Pro trial version www.pdffactory.com76 Revised: October 2012 11 Competitive Bids Securities will be purchased or sold after three (3) offers/bids are taken to verify that the City is receiving fair market value/price for the investment. Security transactions that may be purchased without competitive offers include: a) transactions with money market mutual funds b) local government investment pools and c) new securities still in syndicate and priced at par. Delivery vs. Payment All securities transaction, including collateral for repurchased agreements, shall be purchased using the delivery vs., payment method with the exception of investment pools and mutual funds. Funds will be released after notification that the purchased security has been received. VIII. SAFEKEEPING OF SECURITIES Safekeeping Agreement The City shall contract with a bank or banks for the safekeeping of securities either owned by the City as part of its investment portfolio or held as collateral to secure demand or time deposits. Safekeeping and Custody Safekeeping and custody of securities and collateral shall be in accordance with state law. Securities and collateral will be held by a third party custodian designated by the Investment Officer and held in the City’s name as evidenced by safekeeping receipts of the institution with which the securities are deposited. Original safekeeping receipts shall be obtained. Collateralization Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the City to require full collateralization of all investments and funds on deposit with a depository bank, other than investments, which are obligations of the U.S. government, its agencies and instrumentalities, and government sponsored enterprises. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 102% of market value of principal and accrued interest on deposits or investments less than an amount insured by the FDIC. The collateralization level of the City’s depository accounts will be no less than 105%. Collateral will always be held by an independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted. PDF created with pdfFactory Pro trial version www.pdffactory.com77 Revised: October 2012 12 IX. PERFORMANCE STANDARDS Performance Standards The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. Performance Benchmark Given the passive investment strategy of the City, the benchmark to be used by the Investment Officer to determine whether market yields are being achieved shall be the average closing yield during the reporting period comparable to the portfolios dollar-weighted average maturity in days. X. REPORTING Methods Not less than quarterly and within a reasonable time after the end of the period reported, the Investment Officer should prepare and submit to the City Council a written report of the investment transactions for all funds of the City for the preceding reporting period. The report must: · describe in detail the investment position of the City on the date of the report, · be prepared jointly by all the Investment Officers if the City appoints more than one, · be signed by all Investment Officials, · contain a summary statement of each pooled fund group that states the beginning market value for the reporting period, · state the book value and the market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested, · state the maturity date of each separately invested asset that has a maturity date, · state the fund for which each individual investment was acquired, · state all accrued interest payable; and · state the compliance of the investment portfolio as it relates to this Policy and Investment Act. Marking to Market The market values of the City’s investments shall be obtained from a reliable outside source, which has access to investment market values. Marketing to Market will be done at least quarterly. PDF created with pdfFactory Pro trial version www.pdffactory.com78 Revised: October 2012 13 XI. INVESTMENT POLICY ADOPTION The City’s investment policy and investment strategies must be adopted annually by resolution of the City Council even if there are no changes. The City Council shall review the policy annually and they must approve any changes or modifications made thereto. PDF created with pdfFactory Pro trial version www.pdffactory.com79 Revised: October 2012 14 QUALIFIED BROKERS/DEALERS Costal Securities, Inc. Vining Sparks Tony Sekaly Steve Scaramastro 5555 San Felipe, Suite 2200 775 Ridge Lake Boulevard Houston, Texas 77056 Memphis, Tennessee 38120 Phone: (713)435-4328 Phone: (901)681-1008 Deutsche Bank Alex Brown First Southwest Securities Larry Burns Linda Calloway 700 Louisiana Street, Suite 1500 300 West 6th Street, Suite 1940 Houston, TX 77002 Austin, TX 78701 Phone: (832)239-3311 Phone: (512)481-2040 First Empire Securities American Momentum (CD’s only) Michael Pappadio 1100 Motor Parkway, 2nd Floor Five Momentum Blvd. Hauppauge, NY 11788 College Station, TX 77845 Phone: (631)979-0097 Phone: (979)599-9349 INVESTMENT POOLS TexPool TexSTAR 600 Travis Street, Suite 7200 325 North St. Paul, Suite 800 Houston, TX 77002 Dallas, TX 75201 Phone: (866)891-7665 Phone: (800)839-7827 DEPOSITORY BANK Citibank, N.A. 2717 Texas Avenue South College Station, Texas 77840 (979)260-1482 PDF created with pdfFactory Pro trial version www.pdffactory.com80 Revised: October 2012 15 GLOSSARY OF COMMON TREASURY TERMINOLOGY Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Asked - The price at which securities are offered. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., "1/4" of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security's current value in the market. Broker - A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond's original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Cash Sale/Purchase - A transaction that calls for delivery and payment of securities on the same day that the transaction is initiated. Certificate of Deposit (CD) – A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. PDF created with pdfFactory Pro trial version www.pdffactory.com81 Revised: October 2012 16 Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper - An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Comprehensive Annual Financial Report (CAFR) – The official annual report for the City of College Station. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provision, extensive introductory material, and a detailed statistical section. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. It is also known as the interest rate. Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer's ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Dealer – A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Discount - The amount by which the par value of a security exceeds the price paid for the security. Discount Security – Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration - A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. PDF created with pdfFactory Pro trial version www.pdffactory.com82 Revised: October 2012 17 Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. Federal Credit Agencies – Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g. S&L’s small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC) – A federal agency that insures bank deposits, currently up to $250,000 per depository account through December 31, 2013. On January 1, 2014, the standard insurance amount will return to $100,000. Federal Home Loan banks (FHLB) – The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role similar to that played by the Federal Reserve Bank versus member commercial banks. Federal National Mortgage Association (FNMA) – A government –sponsored enterprise (GSE) that was created in 1938 to expand the low of mortgage money by creating a secondary mortgage market. Fannie Mae is a publicly traded company which operates under a congressional charter that directs Fannie Mae to channel its efforts into increasing the availability and affordability of homeownership for low-, moderate-, and middle-income Americans. Federal Open Market Committee (FOMC) – Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. Federal Reserve System – The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. Financial Industry Regulatory Authority (FINRA) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bills, Notes, and Bonds." Interest Rate - See "Coupon Rate." Interest Rate Risk - The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. PDF created with pdfFactory Pro trial version www.pdffactory.com83 Revised: October 2012 18 Internal Controls - An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: § Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employer. § Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. § Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Liquidity - An asset that can be converted easily and quickly into cash. Local Government Investment Pool (LGIP) - An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See "Weighted Average Maturity." Money Market – The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds). PDF created with pdfFactory Pro trial version www.pdffactory.com84 Revised: October 2012 19 Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund's assets that includes securities, cash, and any accrued earnings, subtracting this from the fund's liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund's portfolio. (See below.) [(Total assets) - (Liabilities)] / (Number of shares outstanding) Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the "coupon," "coupon rate," or "interest rate." Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the "Ask price." Par - Face value or principal value of a bond, typically $1,000 per bond. Portfolio – Collection of securities held by an investor. Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security's par value. Prime Rate - A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates are keyed to this rate. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer's business, the proposed use of proceeds, the experience of the issuer's management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Rate of Return – The yield obtainable on a security based on its purchases price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (repo or RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. PDF created with pdfFactory Pro trial version www.pdffactory.com85 Revised: October 2012 20 Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Secondary Market – A market made for the purchase and sale of outstanding issues following the initial distribution. Securities & Exchange Commission – Agency created by Congress to protect investors in securities transactions by administering securities legislation. Serial Bond - A bond issue, usually of a municipality, with various maturity dates scheduled at regular intervals until the entire issue is retired. Sinking Fund - Money accumulated on a regular basis in a separate custodial account that is used to redeem debt securities or preferred stock issues. Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue which come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Bonds – Marketable, fixed-interest U.S. government debt securities with maturities of more than ten years and issued in minimum denominations of $1,000. Treasury bonds make interest payments semi-annually and the income that holders received is only taxed at the federal level. Treasury Notes - Marketable U.S. government debt securities with fixed interest rates and maturities between 1 to 10 years. Treasury notes can be bought either directly from the U.S. government or through banks. PDF created with pdfFactory Pro trial version www.pdffactory.com86 Revised: October 2012 21 Uniform Net Capital Rule - SEC Rule 15C3-1 – Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ration of indebtedness to liquid capital of 15 to 1: also called net capital rule and net capital ratio. Indebtedness covers all money owned to a firm, including margin loans and commitments to purchase securities. This is one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Volatility - A degree of fluctuation in the price and valuation of securities. Volatility Risk Rating - A rating system to clearly indicate the level of volatility and other non- credit risks associated with securities and certain bond funds. The ratings for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns ("aaa" by S&P; "V-1" by Fitch) to those that are highly sensitive with currently identifiable market volatility risk ("ccc-" by S&P, "V-10" by Fitch). Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. Yield - The current rate of return on an investment security generally expressed as a percentage of the security's current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve - A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor's potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. PDF created with pdfFactory Pro trial version www.pdffactory.com87 88 October 25, 2012 Consent Agenda Item No. 2j Contract for Sand Pro Athletic Field Rakes and Fertilizer applicator To: David Neeley, City Manager From: David Schmitz, Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion regarding approval to purchase equipment, and accessories associated with maintenance of athletic fields in the amount of $59,776. Relationship to Strategic Goal: Providing Core Services and Infrastructure Recommendation(s): Staff recommends approval of this request to allocate these funds towards purchasing a sand pro athletic field rake and applicator for seed and fertilizer. Summary: This request is in regards to allocating Parks and Recreation funds to purchase three (3) motorized Sand Pro athletic field rakes, associated accessories, and seed/fertilizer applicator. The purpose for purchasing the Sand Pro equipment is to alleviate excessive lifting by accomplishing the same task with automated lifting devices. There is a risk of safety involved with continuing to operate and maintain the athletic complexes in the means in which they have been conducted. Continuance of the same operations will lead to unnecessary lifting injuries to staff and a possible increase in worker’s compensation claims. The Seed/Fertilizer applicator will make over-seeding, fertilizing, and top dressing athletic fields more efficient. There will be a direct savings of three and a half hours of labor on each field. The savings in one year’s time would pay for the piece of equipment. Budget & Financial Summary: The vendor price quotation is attached. The purchase is being made through the Buyboard Purchasing Cooperative. Funds were approved and are available from the FY 2013 Capital Outlay account. Attachments: 1) Price Quotation 89 top Ship To Date 10/11/2012 Corp. Account Tax Rate Contact Destination 2.00% Address Trade-In x City Finance State TX Comments:Corp. Acct.Yes y Postal Code 77842 Phone Fax Qty Model #Description Unit Extended toro eq. 3 08703 Sand Pro 3040 $12,729.96 $38,189.88 3 08714 Manual Blade (40")$1,134.01 $3,402.03 3 08761 QAS Nail Drag $989.49 $2,968.47 7 08756 Drag Mat Carrier System $1,006.08 $7,042.56 3 08757 Steel Mat $216.38 $649.14 3 08758 Coco Mat $371.16 $1,113.48 3 30035 400 Hour Filter Maintenance Kit $87.71 $263.13 machine SandPro 3040 16,534.79$ $53,628.69 1 WFR 11.5 cu. Ft (800 lb.) capacity, trail type, ground driven, remote control feedring, removable hopper, adjustable for side spreading with 18 x 9.50 x 8 flotation tires. $4,575.00 $4,575.00 1 FRGHT-Lely Freight for Lely Equipment $400.00 $400.00 Misc Allied $4,975.00 endmachine add Subtotal SubTotal 58,603.69$ Destination Destination 1,172.07$ Tax Tax (Estimated)-$ Total fin TOTAL 59,775.76$ Comments: bottom For all New Equipment, Demo units may be available for up to 20% savings. For all New Equipment, Refurbished units may be available for up to 40% savings. Terms & Conditions: PRICE QUOTATION 1. Pricing, including finance options, valid for 30 days from time of quotation. City Of College Station-Parks & Rec. BUYBOARD (CONTRACT # 373-11) Steve Richardson 1000 Krenek Tap College Station, TX Professional Turf Products is a Buyboard Vendor, Contract 373-11 Grounds Maintenance Equipment, Irrigation Parts, Supplies & Installation Professional Turf Products, L.P. Patrick Brown 1010 N. Industrial Blvd. Euless, Texas 76039 (888) 776-8873 ext. 5434 // Fax (817) 785-1901 www.brownp@proturf.com Confidential Property of Professional Turf Products Page 1 of 2 90 bottom2/28/2012 This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made. B. When using third party financiers, documentation fees & advance payments may be required. C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation. D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process. E. New equipment delivery time is estimated at six weeks from the time credit is approved & documents are executed. 3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices. 4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default. Terms: 1. Terms are net 10 unless prior arrangements have been made. 2. Quoted prices are subject to credit approval. A. PTP will work with third party financial institutions to secure leases when requested to do so. Returns Policy: 1. All returns are subject to restocking, refurbishing, usage, and shipping fees. 2. All returns must be able to be sold as new. 3. Items missing parts are non returnable. 4. Professional Turf Products will have sole discretion as to the resalable condition of the product. 5. This policy does not apply to items that are defective, or shipped incorrectly by PTP or one of its vendors. 1. Rental equipment will be delivered fully operational. 2. Upon acceptance, customer is liable for all damage in excess of normal wear and tear while it is in his possession. 3. In the event of rentals lasting longer than thirty days, the customer is responsible for all preventative maintenance required during the term. 4. Only OEM parts, as designated by the manufacturer, are to be used for repairs and maintenance. 5. Professional Turf Products will have sole discretion as to "Normal Wear and Tear". A. Upon firm customer commitment to purchase, said equipment availablity will be determined and "locked". B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute. C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation. 4. "Trade In Allowances" will be treated as a credit for future parts purchases on PTP account unless other arrangements have been made. Rental Policy: 2. After 30 days all prices are subject to change without notice. 3. Used and Demo equipment is in high demand and availability is subject to change. Confidential Property of Professional Turf Products Page 2 of 2 91 October 25, 2012 Consent Agenda Item No. 2k Construction & Demolition Debris Residential Collection Franchise Agreement Termination - BCS Stop ‘N Go Potties To: David Neeley, City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion on the termination of a franchise agreement with CCAA, LLC d/b/a BCS Stop N’ Go Potties for the collection of demolition and construction debris from residential properties, and approval of a Resolution Repealing Resolution 10-11-12-2i. Relationship to Strategic Goals: Wise stewardship of the natural resources and features needed to meet current demands without compromising the ability of future generations to do the same. Recommendation(s): Staff recommends termination of the franchise agreement and approval of a Resolution Repealing Resolution 10-11-12-2i. Summary: The proposed termination is being recommended to allow CCAA, LLC d/b/a Brazos Valley Recycling and CCAA, LLC d/b/a Big Dumpster to combine all collections under one new franchise agreement. The company currently operates under several different agreements, which were created as the company expanded services. The development of a new comprehensive franchise agreement will allow CCAA, LLC to collect demolition and construction debris, recycling, and organic waste collection from multifamily apartments and commercial business locations, within the City of College Station. Additionally, CCAA, LLC d/b/a Big Dumpster will be permitted to collect residential roll-off demolition and construction debris within the City of College Station. The combination will allow for efficient and convenient reporting and franchise fee payment. The first reading of the new franchise agreement was approved by the City Council on October 11, 2012 along with this termination agreement. However, due to an error the agreement was posted as a resolution and not as an ordinance which is a City Charter requirement. The second reading of the new franchise agreement is posted in the October 25, 2012 consent agenda. Budget & Financial Summary: N/A Attachments: 1. Franchise Termination Ordinance 2. Resolution Repealing Resolution 10-11-12-2i 92 93 94 95 October 25, 2012 Consent Agenda Item No. 2L Construction & Demolition Debris, Organic Waste, Recycling Collection Franchise Agreement - CCAA, LLC – Second Reading To: David Neeley, City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion on the second reading of a franchise agreement with CCAA, LLC Brazos Valley Recycling and Big Dumpster; for the collection of construction and demolition debris, recycling, and organic waste collection from multifamily apartments and commercial business locations, and residential roll-off construction and demolition debris collection. Relationship to Strategic Goals: Wise stewardship of the natural resources and features needed to meet current demands without compromising the ability of future generations to do the same. Recommendation(s): Staff recommends approval of this franchise agreement. Summary: Currently, CCAA, LLC operates two (2) franchise agreements with the City of College Station - BCS Stop and Go Potties (Big Dumpster) and Brazos Valley Recycling. The proposed franchise agreement will combine the two agreements under their parent company CCAA, LLC and will consolidate all their services into one franchise agreement. The combination will allow for efficient and convenient reporting and franchise fees. The proposed agreement would allow a CCAA, LLC Brazos Valley Recycling to collect construction and demolition debris, recycling, and organic waste collection from multifamily apartments and commercial business locations within the City of College Station. The agreement would also allow a CCAA, LLC Big Dumpster to collect residential roll-off construction and demolition debris within the City of College Station. The company will be responsible for developing onsite collection of construction and demolition debris, recyclables, and organic waste; so as not to interfere with the collection of municipal solid waste (MSW). Section 104 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.” Budget & Financial Summary: N/A Attachments: 1. Franchise Ordinance 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 CCAA, LLC Franchise Agreement for Demolition & Construction Material Multifamily & Commercial Recycling Organic Waste 20 EXHIBIT “A” SCHEDULE OF RATES 14 Yard Roll-Off Rental Fee - Delivery Fee - Dump Fee - Fuel Surcharge - $2.75 / day $35.00 $80.00 $16.00 20 Yard Roll-Off Rental Fee - Delivery Fee - Dump Fee - Fuel Surcharge - $3.00 / day $35.00 $140.00 $28.00 30 Yard Roll-Off Rental Fee - Delivery Fee - Dump Fee - Fuel Surcharge - $3.00 / day $35.00 $140.00 $28.00 Tipping Fee: $27.00 per ton 116 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY) LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10/3/2012 Higginbotham & Associates Inc.500 W. 13th StreetFort Worth TX 76102 BCS Stop & Go Potty, LLC; Brazos ValleyRecycling/The Big DumpsterP.O. Box 5449Bryan TX 77801 Depositors Insurance Company American Safety Indemnity Company AMCO INSURANCE COMPANY 25433 Amanda Villanueva 800-247-0712 817-347-6981 avillanueva@higginbotham.net BCSST1 740211584 AB ACPGLDO7215035376ENV0291831101 5/27/20125/27/2012 5/27/20135/27/2013 Sudden Acc Poll Liab 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 $1,000,000 X X X X Incl Environmen Impairment Cov. X X C X X X X IncL: CA9948 X MCS-90 ACPBAA7215035376 5/27/2012 5/27/2013 1,000,000 A X X ACPCAD7215035376 5/27/2012 5/27/2013 6,000,000 6,000,000 A Building & Business Personal Prop ACPCPPD7215035376 5/27/2012 5/27/2013 $579,000 $1,000 Ded. Named insured completed to read: BCS Stop & Go Potty, LLC; Charlse Mancuso, Inc./CCAA, LLC; Brazos Valley Recycling/The BigDumpster The General Liability and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additionalinsured status and a blanket waiver of subrogation endorsement to the certificate holder only when there is a written contract between thenamed insured and the certificate holder that requires such status.See Attached... The City of College StationAttn: RethaPO Box 9960College Station TX 77842 117 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: The General Liability and Auto Liability policy has a blanket Primary & Non Contributory endorsement that affords that coverage to certificateholders only where there is a written contract between the Named Insured and the certificate holder that requires such status Umbrella is follow form. 11 BCS Stop & Go Potty, LLC; Brazos ValleyRecycling/The Big DumpsterP.O. Box 5449Bryan TX 77801 BCSST1 Higginbotham & Associates Inc. 25 CERTIFICATE OF LIABILITY INSURANCE 118 October 25, 2012 Consent Agenda Item No. 2m Water/Wastewater Legal Expenditures To: David Neeley, City Manager From: David Coleman, Director of Water Services Dept. Agenda Caption: Presentation, possible action, and discussion to authorize additional funds for professional legal services for Lloyd Gosselink in the amount of $20,000 for various water and wastewater issues. Recommendation: Staff recommends approval of the additional expenses. Summary: The City has retained the law firm Lloyd-Gosselink for various water and wastewater issues, including: • Groundwater Conservation District: Issues such as well permit renewals and management plan revisions. • TPDES (Texas Pollutant Discharge Elimination System) Permits: Issue is likely new restrictions on nitrogen and phosphorus discharge in our treatment plant effluent. • Surface water: Issue is potential sale of treatment plant effluent under the City’s Bed & Banks Permit The City Manager is authorized to encumber $50,000 or less. Pending invoices and anticipated invoices for FY-12 will require approximately $20,000 more in additional funds for a total anticipated expenditure to Lloyd Gosselink of $70,000 for the various water and wastewater issues. These expenditures are exempt from competitive bidding in accordance with LGC 252.022 (a)(4) - procurement for personal, professional, or planning services. Staff recommends approval of the additional funding, for obtaining highly specialized legal assistance on these vitally important issues. Budget & Financial Summary: Funds are available in the Water and Wastewater Funds. Attachments: None 119 October 25, 2012 Consent Agenda Item No. 2n Jones-Butler Roadway Extension (ST0905) Maintenance & Participation Agreement with Texas A&M University To: David Neeley, City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion regarding approval of an Interlocal agreement with Texas A&M University (TAMU) regarding maintenance and cost sharing for the Jones Butler Road Extension project. Relationship to Strategic Goals: Core Services and Infrastructure – Plan for and invest in infrastructure, facilities, services, personnel, and equipment necessary to meet projected needs and opportunities. Recommendation(s): Staff recommends approval of the Maintenance and Participation Agreement with TAMU. Summary: The extension of Jones-Butler is one of the transportation projects included in the 2008 Bond Authorization. The scope of the project is for design and construction of a Major Collector from the intersection of Luther Street & Jones-Butler to the intersection of George Bush & Penberthy Road within an 80’ easement across TAMU property. Additional improvements have been requested by TAMU, including widening a portion of Penberthy north of George Bush Drive, a livestock crossing under Jones Butler, access improvements at Pearce Pavilion, and associated infrastructure. The Participation and Interlocal Maintenance agreement will govern cost participation between the City and TAMU and maintenance responsibilities for the roadway and associated infrastructure. The City will be responsible for construction costs associated with Jones Butler Road including the livestock crossing, and improvements to the George Bush Drive intersection, including the traffic signal. TAMU will participate in the cost of improvements to Penberthy Drive north of George Bush. The City will be responsible for the operation and maintenance of Jones Butler from Luther Street to George Bush Drive, including sidewalks, striping and signage, all storm drainage infrastructure, Whites Creek Tributary drainage structures, and any landscaping/green space within the 80-feet easement. TAMU will be responsible for the operation and maintenance of the livestock crossing under Jones Butler including the lighting. TAMU is also responsible for the fencing and gates along Jones Butler Road ROW and the new driveway into Pierce Pavilion including a cattle guard and mechanized rolling gate, and all improvements to Penberthy Drive north of George Bush. The Texas Department of Transportation (TxDOT) is planning a grade separation at the intersection of George Bush & Wellborn Road to help facilitate automobile and pedestrian 120 traffic through that intersection and the railroad crossing. Once the grade separation is constructed, Marion Pugh Road will be right-in and right-out only, with no left-turn onto George Bush. This will limit access for residents to the West Campus of Texas A&M University and for commuters that utilize Holleman and Jones Butler, causing additional traffic congestion on Wellborn Road and/or Harvey Mitchell Parkway. Therefore, this roadway extension is an important component to our transportation network to help improve mobility. Budget & Financial Summary: The current budget for this project is $3,283,500. Funds in the amount of $366,321 have been expended or committed to date, leaving a balance of $2,917,179 for construction. TAMUs participation in the project is approximately $202,374.54. The final cost will be actual construction costs at the project close out. Attachments: 1. Project Location Map 2. Interlocal Agreement 121 LUTHERWE L L B O R N HOLLEMANWELSH GEORGE BUSHDEXTER OLS E N FAIRVIEWJOHN KIMBROUGHMARI ON PUGHMONTCLAIR P E N B E RTH Y HARVEY MITCHELL CHRISTINESOUTHWESTHEREFORD P E R S H I N G JONES-BUTLER HIGHLANDS FIDELITYDISCOVERY NEVADATIMMKERRYTHOMASD E T R OIT A RIZ O N A P H O E NIXBAR BARA BUSHG E O R GIAGROVEMARYEM W IN D IN G VILLAGEC A R O LIN A ELEANOR AYRSHIRE GOODELEE HORTICULTUREANGUSBURTSUFFOLK TOM CHANDLERM A R I N E R O N E Y H E R V E Y SOUTHLANDHAINESOLD JERSEYCORREGIDORSI ENNALEGACYPARK PLACEWOODWAY TA U R U S LONNIESWISSCHALETJOHN KIMBROUGHOLSE N WINDINGPARK PLACEJones-Butler Extension Project Location Map $ Legend Jones-Butler 1 inch = 1,000 feet 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 October 25, 2012 Consent Agenda Item No. 2o Annual Curb, Gutter & Flatwork Price Renewal Agreement To: David Neeley, City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action and discussion on the first renewal of bid #12-009, Contract #12-014 to Brazos Paving Inc. in an amount not to exceed $544,000.00 for the annual blanket order of concrete curb/gutter & flatwork used to maintain City infrastructure. Relationship to Strategic Goals: Goal I: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends renewal of the annual blanket order to Brazos Paving Inc. in the amount not to exceed $544,000.00 annually. Summary: Maintenance of flatwork, curbs and gutters is contracted on an as needed basis, by the Public Works Department and College Station Utilities. This is the first renewal of two optional renewals of the annual blanket order awarded in bid #12-009; Contract #12-014, approved by the City Council on October 27, 2011. The vendor has requested a unit cost increase of 1.796% for this renewal due to material price increases. This is an annual increase of $9,600.00 and is in compliance with the increase terms in Contract #12- 014. The annual quantities of repairs to concrete infrastructure are as follows: Remove and Replace Curb and Gutter: 8,000 linear feet Remove and Replace Concrete Flatwork: 800 cubic yards Budget & Financial Summary: Funding for this service comes from the operating budgets for streets, drainage and utility maintenance. Attachments: 1. Renewal Letter 2. BPI Letter – Bid 12-009 Vendor request Concrete Curb Gutter Flatwork 149 150 151 October 25, 2012 Regular Agenda Item No. 1 Recommendation to Name a Park Facility To: David Neeley, City Manager From: David Schmitz, Director, Parks and Recreation Department Relationship to Strategic Goal: Providing Core Services and Infrastructure Agenda Caption: Presentation, possible action, and discussion regarding a recommendation to rename Southwood Athletic Park in College Station to Brian Bachmann Community Park. Recommendation: Staff recommends approval of this request to rename a park facility. Summary: This request is in regards to a petition of Brian Bachmann’s co-workers and friends throughout the community to rename College Station Southwood Athletic Park to Brian Bachmann Community Park. The city received 130 letters of support for renaming the park. The Parks and Recreation Advisory Board held a special meeting on Friday, September 21, 2012 to discuss the potential renaming of the park. At the conclusion of that meeting, the Board voted unanimously (7-0) to rename the park to Brian Bachmann Community Park. The intent of renaming Southwood Athletic Park was for the purpose of appropriately honoring and remembering Brian Bachmann for his service to the community. Budget & Financial Summary: N/A Attachments: 1) Resolution 2) Parks and Recreation Advisory Board Meeting Minutes 3) Naming of City Facilities & Sub-facilities 4) Letters of support 152 153 PARKS AND RECREATION ADVISORY BOARD September 21, 2012 Parks and Recreation Advisory Board Special Meeting Minutes SPECIAL MEETING MINUTES 12:00PM, Friday, September 21, 2012 Stephen C. Beachy Central Park Conference Room 1000 Krenek Tap Rd., College Station, TX 77840 STAFF PRESENT: David Schmitz, Director; Amy Atkins, Assistant Director; Amanda Putz, Board Secretary BOARD PRESENT: Jon Denton, David Ohendalski, Billy Hart, Fred Medina, Ida Bellows, Debe Shafer, Shawn Reynolds VISITORS: No visitors were present. 1. Call to order and Roll Call: The meeting called to order with a quorum present at 12:04p.m. 2. Possible action concerning requests for absences of members : Not applicable. 3. Hear visitors : Hearing none, this item was closed. 4. Presentation, possible action, and discussion concerning naming of a public facility: David Schmitz reported to the Board on the requests that were sent in to the City Manager asking that Southwood Athletic Park be renamed under Brian Bachmann’s name. Ida Bellow made a motion to change the name of Southwood Community Park, renaming it as Brian Bachmann Community Park, and Shawn Reynolds seconded the motion. The vote was called. All were in favor, and the motion passed unanimously. 5. Adjourn: Shawn Reynolds made a motion to adjourn the meeting, and Ida Bellows seconded the motion. The vote was called. All were in favor, and the motion adjourned at 12:13PM. 154 Approved by Council May 14, 2012 CITY OF COLLEGE STATION NAMING OF CITY FACILITIES AND SUB-FACILITIES Approved May 14, 2012 To establish uniform procedures and criteria for the naming of City-owned facilities and sub-facilities located in the City of College Station. PURPOSE Facility: Major City-owned buildings, parks and trails built for permanent use. DEFINITIONS Sub-Facility: Minor City-owned structures within a Major Facility, including but not limited to: swimming pools, pavilions, tennis courts, large water features, trail sections or meeting rooms. The City Council shall have the authority to name City-owned facilities and sub-facilities according to the procedures and criteria established below. POLICY General Naming Criteria and Guidelines. In order to be considered a qualifying name, the proposed name for a facility or sub-facility must satisfy one of the following criteria: A. Be descriptive of a geographic location or a significant natural feature in or near the facility, or an adjoining subdivision, street, or school. B. Commemorate historical events, groups or individuals that remain of continued importance to the City, region, State, and/or Nation. C. Commemorate individuals who are deceased and have a history of exceptional community service or contributions to the facility’s best interests and purposes, such as: a. Involvement in a leadership role in civic organizations that are devoted to community improvement; b. Assistance to the underprivileged, as well as people with physical or intellectual disabilities; c. Active promotion of effective programs for youth or senior citizens within the community; d. Active promotion of and organizing community events and activities that have enriched the quality of life within the community; e. Active promotion of and directed efforts to improve the aesthetic appearance and environmental quality of the community; or 155 Approved by Council May 14, 2012 f. Leading efforts to collect, promote and retain the historical heritage of the community. D. Commemorate individuals who made significant contributions to the City’s acquisition or development of the facility. a. If a facility is named to commemorate or honor an individual or group, the relative importance of the facility to be named after the individual or group should match the respective stature, characteristics and contributions. The following circumstances may be considered in naming of a facility after a donor, benefactor or group: i. Land for the majority of the facility was deeded to the City; ii. Contribution of a minimum of 50% of the capital construction costs associated with developing the facility; or iii. Provision of an endowment for at least 50% of a facility’s estimated useful life for the continued maintenance and/or programming of the facility. b. The City Council may alter these guidelines if deemed necessary. c. The City reserves the right to utilize criminal background checks as part of the vetting process in order to ascertain an honoree’s good character. E. Recognize organizations involved in a public-private partnership with the City that have made significant financial or capital contributions to the acquisition or development of the facility. This includes any Naming Rights Agreement approved by City Council. F. Have historical, cultural, or social significance for future generations. G. Research indicates that the area around the facility, or the facility itself, has been commonly named in an unofficial capacity by residents. Restrictions on the Naming of Public Facilities and Sub-Facilities. A. No duplication of other facility’s or sub-facility’s names To minimize confusion, facilities will not be subdivided beyond the level of sub-facilities for the purpose of naming unless there are readily identifiable physical divisions such as roads or waterways. B. Facility names that might be considered discriminatory or derogatory will not be considered. C. Facility names will not advocate for or promote a current political figure, political affiliation, ideology or religion. 156 Approved by Council May 14, 2012 Guidelines for Naming Process PROCEDURE Naming of Major Facilities A. A permanent name for the facility should be finalized no later than the 50% completion mark in the construction or acquisition process. a. Prior to the permanent naming of a facility, the location shall be referred to by its address or location designation until the facility is given an official name. B. The City will utilize a Council Facilities Task Force to facilitate the naming of facilities. C. The Council Facilities Task Force will proceed with the naming of a facility according to the following: a. The facility naming process is initiated with the approval of the design, construction or acquisition of a facility. b. The City Council may choose from a variety of sources for name recommendations (i.e. Council member, staff or donor recommendations, historical review of the site, recommendations from the Parks and Recreation Advisory Board, recommendations from previous owners, etc.). Names may be suggested by citizens and/or community groups by submission to the Mayor, City Council or City Manager. c. Names may be submitted by the departmental owner of the facility, executive management, the Mayor or members of the City Council. d. All names for City facilities will be approved by a majority City Council vote regardless of the source of the name’s recommendation. Naming of Sub-Facilities A. All requests for the naming or renaming of a sub-facility shall be made in writing to the Director of Parks and Recreation for parks sub-facilities or to the City Manager for all other sub-facilities. Written requests should at a minimum contain the following: a. The proposed name; b. Reasons for the proposed name; c. Written documentation indicating community support for the proposed name (if applicable); d. If proposing to name a facility within a park, include a description/map showing the location of the facility; and e. If proposing to name a facility after an individual, group, donor or benefactor, include documentation of that person or group’s significance and good reputation in the City’s, State’s, or Nation’s history. Please refer to the commemorative naming conditions for an individual found in this policy. B. Upon receipt, the Director of Parks and Recreation or the City Manager will: 157 Approved by Council May 14, 2012 a. Review the proposed request for its adherence to the policies of the City of College Station and b. Ensure that supporting information has been authenticated, particularly when an individual’s name is proposed as the facility’s or sub-facility’s name. C. When deemed appropriate, the City Manager will recommend the Facilities Task Force review sub-facility renaming suggestions. D. The Facilities Task Force will review the sub-facility naming request at a Facilities Task Force meeting and make a recommendation to the City Council. In all cases, the City Council will have the final authority in accepting or rejecting the naming proposal by majority. Guidelines for Re-Naming Process. A. The renaming of facilities or sub-facilities is discouraged. It is recommended that efforts to change a name be subject to a critical examination so as not to diminish the original justification for the name or discount the value of the prior contributors. a. Parks or other facilities named by deed restriction shall not be considered for renaming. b. Parks and facilities named after individuals shall not be renamed unless it is determined that the individual’s personal character is or was such that the continued use of the name for a facility would not be in the best interest of the City or community. Exceptions may be considered in cases of changes in use of facilities or for facility demolitions. B. If it is decided by the City Manager that it is in the best interest of the City to rename a major or sub-facility, it may be renamed in accordance with the criteria and guidelines outlined in the procedures of this policy. Plaques, Markers and Memorials. A. Plaques, markers and memorials may be incorporated into a facility or sub-facility during the design phase of the project. Plaques, markers, and memorials that are incorporated into the design of a facility will be subject to the same oversight and controls as applicable to the rest of the project. B. Plaques, markers, and memorials added to a facility or sub-facility after its completion and opening will be designed and installed according to the City’s Dedication Plaque Policy. 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 October 25, 2012 Regular Agenda Item No. 2 Comprehensive Plan and Unified Development Ordinance Annual Reviews To: David Neeley, City Manager From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion on the Annual Review of the Comprehensive Plan and the Annual Review of the Unified Development Ordinance (UDO). (Joint Meeting of the City Council and the Planning & Zoning Commission) Relationship to Strategic Goals: Applicable to all Strategic Initiatives Recommendation(s): Staff recommends that Council and Planning and Zoning Commission accept the review and provide any relevant direction to aid staff in the implementation of the Comprehensive Plan. Summary: The Unified Development Ordinance calls for an annual review of the Comprehensive Plan, which was adopted by the City Council in May 2009. The review is organized by the main topics of the Plan, and assesses significant actions and accomplishments during the past year, obstacles or problems in the implementation of the Plan, and how the obstacles might be overcome in the future. The annual review of the Unified Development Ordinance is required by the ordinance to provide for an on-going effort to keep the development codes of the City of College Station current and relevant. The last annual review was considered by City Council on October 27, 2012. Included as an attachment is a list of amendments to the UDO since the last review and pending amendments. Budget & Financial Summary: N/A Attachments: 1. Annual Review of the Comprehensive Plan and Unified Development Ordinance will be provided at the meeting. 290 October 25, 2012 Regular Agenda Item No. 3 Economic Development Agreement between the City of College Station and Texas Hotel Management, L.P. for the extension of Normand Drive To: David Neeley, City Manager From: Randall Heye, Economic Development Analyst Agenda Caption: Presentation, possible action, and discussion regarding an Economic Development Agreement between the City of College Station and Texas Hotel Management, L.P. to support a specialized health hospital with the extension of Normand Drive. Relationship to Strategic Goals: Diverse Growing Economy Recommendation: Staff recommends that Council approve the proposed economic development agreement. Summary: On January 12, 2012 City Council approved the rezoning of 17.07 acres located at 1401 Arnold Road to Planned Development District. The permitted non- residential use on the site includes hospitals, medical clinics, and other similar uses. The site is located within the College Station Medical District and adjacent to the College Station Medical Center. Since early spring of this year, staff began working with a prospect to locate a needed specialized health hospital to the College Station Medical District. The prospect has selected six acres of the above referenced property as its preferred location contingent upon accessibility to the site and an agreed upon sales price with the existing property owner. The prospect is anticipated to make a new investment of $10 million and provide 200 new full-time equivalent positions with an annual payroll of more than $7.6 million. In order to ensure the six acres are sold to the economic development prospect and to stimulate development on the entire 17.07 acres, staff is recommending the City enter into an economic development agreement with the existing property owner. This agreement is for the existing property owner to design and construct the necessary offsite extension of Normand Drive adjacent to the 17.07 acres and to complete the fee simple sale of six acres to the prospect. In exchange, the City will agree to pay up to a maximum amount of $300,000 of costs associated with the design and construction of the offsite project. Budget & Financial Summary: $165,000 comes from bond funds set aside for future oversize participation needs. $135,000 comes from funding previously received from the College Station Medical Center for the extension of Normand Drive. Attachments: Economic Development Agreement 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 October 25, 2012 City Council Regular Item No. 4 Board & Commission Appointments To: David Neeley, City Manager From: Sherry Mashburn, City Secretary Agenda Caption: Presentation, possible action, and discussion regarding appointments to the following Boards and Commissions: • Planning & Zoning Commission Summary: James Benham, a commissioner on the Planning and Zoning Commission, has been declared elected as Councilmember Place 6, and his position on the P&Z will be vacated and must be filled. The person appointed to this position will complete the one-year unexpired term. Additionally, Craig Hall has resigned, and his position must also be filled. The person appointed to this position will complete a two-year unexpired term. The CSO has contacted the applicants from this past summer to determine if there is still interest in the appointment. HOA’s have been contacted, the vacancies have been noticed on the City website, and were also advertised in the Eagle (newspaper and online). Applications will be made available to the Council before October 25, 2012. Financial Summary: There is no fiscal impact. Attachments: None 306