HomeMy WebLinkAbout08/26/2010 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
2a. - Minutes
July 13, 2010 Special Minutes 7
July 22, 2010 Regular Minutes 9
2b. - Resolution amending Polling Place & ILA
Coversheet revised 16
Coversheet revised (Spanish)17
Resolution 18
Resolution (Spanish)19
Notice of Election 20
Notice of Election (Spanish)22
2c. - Depository Services
Coversheet revised 25
Contract Resolution 26
2d. - College Main Parking Garage System Upgrade & General
Renovation
Coversheet - College Main Parking Garage System
Upgrade & General Renovation revised 28
2e. - Approval of Payment to ASA for 2010 Softball Tournament
Fees
Coversheet - ASA Assessment Fee Payment revised 30
1 - ASA Assessmnet Fee Invoive 31
2f. - Illegal Smoking Substance Ordinance
Coversheet revised 32
Draft Ordinance 33
2g. - BVSWMA Borrowed Employee Agreement
Coversheet revised 36
Agreement 37
2h. - Impact Fees Semi-Annual Report and Compliance
Certification
Coversheet revised 47
Annual Report 48
Resolution 58
Compliance Certification 59
2i. - Irrigation Water Use Report for July 2010
Coversheet Irrigation Water Usage revised 60
1 - July 2010 Water Use Report8-26-10 61
2j. - Recycling Collection Franchise
Coversheet revised 65
Franchise Agreement 66
No. 1 - Public Hearing for FY 10 - FY 11 Proposed Budget
Coversheet revised 94
No. 2 - Public Hearing and Consideration of Budget Amendment
#4
1
Coversheet revised 95
Budget Amendment Detail 96
Budget Transfer Detail 98
Ordinance Amending Budget 99
No. 3 - Poplar Street Parking Removal
Coversheet revised 100
Ordinance 101
Map 103
No. 4 - UDO Amendment - RV PARKS
Coversheet revised 104
Draft P&Z minutes 105
Ordinance 107
No. 5 - UDO Amendment – Institutional Building Heights
Coversheet revised 114
Background 115
P&Z Minutes 116
Ordinance 117
No. 6 - Consider Ordinance Issuing of Certificates of Obligation
Coversheet revised 121
CO Debt Issue Projections 2010 122
No. 7 - Consider Ordinance Issuing General Obligation Bonds
Coversheet revised 124
GO Debt Issue Projections 2010 125
No. 8 - Citizen Boards and Committees
Coversheet revised 127
2
Mayor Council members
Nancy Berry Jess Fields
Mayor Pro Tem Dennis Maloney
John Crompton Katy-Marie Lyles
City Manager Dave Ruesink
Glenn Brown
Agenda
College Station City Council
Regular Meeting
Thursday, August 26, 2010 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
· Introduction of H.E.B. Tower Point Market Store Leadership Team.
· Presentation of a proclamation recognizing Sept. 3, 2010, as College Colors Day at Texas A&M
University.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack
other speakers, Council or staff.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion regarding minutes for July 13, 2010 Special Meeting and July
22, 2010 Workshop and Regular Meetings.
b. Presentation, possible action and discussion of resolution amending an interlocal agreement between the
City of College Station and Brazos County for the conduct and management of the City of College Station
Special election and amending the Notice of Special Election that will be held on Tuesday, November 2,
2010. Presentación, posible acción y discusión acerca la resolución que enmienda un acuerdo interlocal entre
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City Council Regular Meeting Page 2
Thursday, August 26, 2010
la Ciudad de College Station y el Condado de Brazos para conducir y manejar las elecciones especiales de la
Ciudad de College Station y aprobar la Notificación de Elecciones especiales que se celebrarán el día martes
2 de noviembre de 2010.
c. Presentation, possible action, and discussion on a resolution selecting a depository bank, approving a bank
depository contract, designating the City Manager or his Designee as the designated officer to administer the
depository services for the City, and authorizing the maximum expenditure of funds for the term of the
contract. Citibank N.A. is the bank being recommended as the City's depository bank. The contract is for a
three year term and it is anticipated that the cost for depository services will not exceed $46,666 in any year
of the contract.
d. Presentation, possible action, and discussion regarding a contract for an equipment upgrade and general
renovation of the College Main Parking Garage Access and Exit System in the amount of $345,353.
e. Presentation, possible action, and discussion regarding a payment to the Amateur Softball Association
(ASA) for assessment fees for the 2010 USA/ASA 16U Class National Softball Tournament in the amount of
$64,000.
f. Presentation, possible action, and discussion regarding a City Ordinance designed to define and ban the
possession and use of illegal smoking products and ingestion devices. This ordinance is being presented as a
result of direction received from City Council at the August 12, 2010 meeting.
g. Presentation, possible action, and discussion of a Borrowed Employee Agreement between the City of
College Station and the Brazos Valley Solid Waste Management Agency Inc.
h. Presentation, possible action, and discussion Semi-Annual Report on Impact Fees 92-01, 97-01, 97-02B,
99-01, 03-02, and consideration for a Resolution to support and execute a Compliance Certification Letter to
the Attorney General.
i. Presentation, possible action, and discussion regarding the monthly report on irrigation water use at city of
College Station facilities and properties.
j. Presentation, possible action, and discussion on the first reading of a five (5) year franchise agreement with
Texas Commercial Waste for the collection, processing, and marketing of recyclable materials for an annual
cost of approximately $576,420.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
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City Council Regular Meeting Page 3
Thursday, August 26, 2010
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion on the City of College Station 2010-2011
Proposed Budget.
2. Public hearing, possible action, and discussion on an ordinance Budget Amendment #4 amending
ordinance number 3202 which will amend the budget for the 2009-2010 Fiscal Year in the amount of
$1,489,492; and presentation, possible action and discussion on three interfund transfers in the amount
of $424,206.
3. Public hearing, presentation, possible action and discussion of an ordinance amending Chapter 10
“Traffic Code”, to remove parking on the south side of Poplar Street.
4. Public hearing, presentation, possible action, and discussion on an amendment to Chapter 12, “Unified
Development Ordinance” Sections 6.2 "Types of Uses", and 6.3 "Specific Use Standards" of the Code of
Ordinances of the City of College Station, Texas, specifically related to Recreational Vehicle (RV)
Parks.
5. Public hearing, presentation, possible action, and discussion on an amendment to Chapter 12, “Unified
Development Ordinance,” Sections 5.2 “Residential Dimensional Standards” and 11.2 “Defined Terms,”
of the Code of Ordinances of the City of College Station, Texas, specifically related to allowable heights
of public, civic, and institutional structures.
6. Presentation, possible action, and discussion to approve an ordinance by the City Council of the City of
College Station, Texas, issuing $3,900,000 City of College Station Certificates of Obligation, Series
2010.
7. Presentation, possible action and discussion to approve an ordinance by the City Council of the City of
College Station, Texas, issuing $19,635,000 City of College Station General Obligation Bonds, Series
2010.
8. Presentation, possible action, and discussion regarding selection of applicants to various Citizen Boards
and Committees:
CITIZEN MEMBERSHIP
Bicycle, Pedestrian and Greenways Advisory Board
Cemetery Committee
Construction Board of Adjustments and Appeals
Design Review Board
Historic Preservation Committee
Landmark Commission
Medical Corridor Citizen Advisory Committee
Parks and Recreation Board
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Thursday, August 26, 2010
Planning and Zoning Commission
Zoning Board of Adjustments
9. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, August 26, 2010 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 23th day of August, 2010 at 2:00 p.m.
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website,
www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on August 23, 2010 at 2:00 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 ________________, 2010 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2010.
______________________________
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.
6
Mayor Councilmembers
Nancy Berry Jess Fields
Mayor Pro Tem Dennis Maloney
John Crompton Katy-Marie Lyles
City Manager Dave Ruesink
Glenn Brown
Minutes
College Station City Council
Special Meeting
Tuesday, July 13, 2010 at 5:00 pm
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Nancy Berry, Council members Maloney, Fields, Lyles and Ruesink
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager
Neeley, City Secretary Hooks, Deputy City Secretary McNutt, City Attorney Cargill, Jr., Management
Team
Mayor Berry called special meeting to order at 5:00 p.m.
Mayor Berry called for a motion to except absence request from Mayor Protem Crompton.
Council member Maloney move to approve absence request. Council member Ruesink seconded, motion
carried 5-0.
Special Item No. 1 – Presentation, possible action, and discussion regarding the appointment of a
City Secretary.
Mayor Berry presented Sherry Mashburn from San Marcos to fill the appointment of College Station City
Secretary to Council.
Council member Maloney moved to approve Sherry Mashburn as College Station City Secretary and to
start August 16, 2010. Council member Lyles seconded the motion, which carried 5-0.
FOR: Mayor Berry, Council members Fields, Maloney, Lyles and Ruesink
AGAINST: None
ABSENT: Mayor ProTem Crompton
Special Item No. 2 – Presentation, possible action, and discussion regarding a policy establishing
term limits for City Council board appointments.
Council discussed a policy establishing term limits for City Council board appointments.
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City Council Special Minutes
Tuesday, July 13, 2010
Council member Fields moved to approve Resolution No. 07-13-10-02 that the City Council hereby finds
that members who serve on Boards, Commissions, and Committees shall hold office for a term of two (2)
years or no more than two (2) completed consecutive terms for a total of four (4) years or until his
successor is appointed, exclusive of any unexpired term to which the member may have been appointed to
fill due to a vacancy on the Board, Commission, or Committee, and with the exception of Planning and
Zoning Commission shall hold office for a term of three (3) years or no more than two (2) completed
consecutive terms. Council member Ruesink seconded the motion, which carried 5-0.
FOR: Mayor Berry, Council members Fields, Maloney, Lyles and Ruesink
AGAINST: None
ABSENT: Mayor ProTem Crompton
_______________________________________________________________
At 5:40 pm, Mayor Berry announced that the City Council would convene into executive session pursuant
to Sections 551.074 of the Open Meetings Act to discussion personnel.
Special Item No. 3 - Executive Session to be held in Room 104 of the College Station Conference
Center.
Personnel {Gov’t Code Section 551.074}; possible action
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public.
The following public officer(s) may be discussed:
a. City Secretary
b. Planning and Zoning Commission
c. Zoning Board of Adjustments
d. Parks and Recreation Board
Council returned from executive session at 6:20 p.m.
Special Item No. 4 - Action on executive session.
Council member Maloney moved to approve salary for City Secretary as $77,500 a year, $2,500 for
moving expenses, and no car allowance. Council member Fields seconded the motion, which carried 5-0.
FOR: Mayor Berry, Council members Fields, Maloney, Lyles and Ruesink
AGAINST: None
ABSENT: Mayor ProTem Crompton
Special Item No. 5 - Adjourn.
Hearing no objections, Mayor Berry concluded Special Meeting at 6:30 pm.
PASSED AND APPROVED this August 12, 2010
ATTEST:
_____________________________
Deputy City Secretary
APPROVED:
______________________________
Mayor Nancy Berry
8
Mayor
Nancy Berry
Mayor Pro Tem
John Crompton
City Manager
Glenn Brown
Councilmembers
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Dave Ruesink
Minutes
City Council Regular Meeting
Thursday, July 22, 2010 at 6:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Nancy Berry, Council members Fields, Lyles and Ruesink
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley,
City Secretary Hooks, Deputy City Secretary McNutt, City Attorney Cargill, Jr., Management Team
1. Pledge of Allegiance, Invocation, Consider absence request.
Mayor Berry opened the meeting at 7:00 pm. She led the audience in the pledge of allegiance.
Chief R.B. Alley provided the invocation.
Council member Fields moved to approve absence requests from Mayor Pro Tem Crompton,
Council members Maloney. Council member Ruesink seconded the motion, which carried, 4-0.
FOR: Mayor Berry, Council members Lyles, Ruesink, and Fields
AGAINST: None
a. Hear Visitors
No one spoke.
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.
Consent Item No. 2d – Community Development PY 2010-2014 Consolidated Plan and FY
2011 (PY 2010) Action Plan and Budget – Council member Ruesink - concern with the way our
different agencies handle applicants with limited funding for utilities & rent assistances. Also,
inquired money that goes into rehab and construction and would like to find some way to come up
with assistance for utilities and rehab.
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City Council Minutes
Thursday, July 22, 2010
Consent Item No. 2h – Development Agreement with CVCS LLC and an Advance Funding
Agreement with the TxDOT. Council member Fields request Bob Cowell, ACIP, Director of
Planning and Development Services to explain the Development Agreement.
Consent Item No. 2i – Construction Contract for the Hike & Bike Trail Completion Project –
Council member Fields inquired timing on design phase and if delayed building if there would be
any saving.
a. Approved minutes for July 8, 2010 Workshop and Regular Meetings.
b. Approved claim and release of liability settlement between the City of College Station and The
Heil Company dba Heil Environmental and Heil of Texas, Inc., related to repair of Heil Sanitation
Truck fleet number 72-24, following a fire on April 16, 2010.
c. Approved Resolution No. 07-22-10-2c awarded a Professional Services Contract for the design of
the Royder Road and Greens Prairie Trail Improvements to Kimley-Horn and Associates, Inc., in
the amount of $96,400.
d. Approved Resolution No. 07-22-10-2d and Resolution No. 07-22-10-2d-a adopting the City's
proposed PY 2010-2014 Consolidated Plan and FY 2010 Annual Action Plan and Budget.
e. Presentation, possible action, and discussion regarding modifications and revisions to Chapter 10
"Traffic Code", Section 6 (A) "Definitions" and 6 (B) "Regulations" as it relates to parking,
standing or storing of trailers in residential areas. Item was been pulled
f. Approved monthly report on irrigation water use at City of College Station facilities and properties.
g. Approved authorization payment of Retention and Expansion and Payroll Grants in a total amount
of $40,000 to Reynolds and Reynolds, Inc.
h. Approved Resolution entering into the following two items:
1. a development agreement between the City of College Station and CVCS, LLC for design of
and payment for temporary construction access from Harvey Mitchell Parkway to the Campus
Village development; and
2. a Resolution No. 07-22-10-2h for an Advanced Funding Agreement (AFA) between the City
of College Station and Texas Department of Transportation (TxDOT) for city contributions to
transportation improvement project to wit: a temporary construction access from Harvey
Mitchell Parkway to the Campus Village development.
i. Approve Resolution No. 07-22-10-2i awarding a construction contract to Brazos Valley Services
in the amount of $536,205.36 for the Hike & Bike Trail Completion project along FM 2818.
j. Approved Resolution No. 07-22-10-2j authorizing banners for Copy Corner recognizing the Wind
Watts program
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City Council Minutes
Thursday, July 22, 2010
Council member Ruesink moved to approve consent item 2a thru 2j with exception of 2e, which
was pulled. Council member Lyles seconded the motion, which carried 4 - 0.
FOR: Mayor Berry, Council member Lyles, Fields, and Ruesink
AGAINST: None
2. Presentation, possible action and discussion regarding an appeal by Ken and Kimberly
Reynolds to the City Council on a variance request denied by the Cemetery Committee for
the placement of a monument exceeding size restrictions in the College Station Cemetery.
David Schmitz, Assistant Director Parks and Recreation presented Council an appeal by Ken and
Kimberly Reynolds to the City Council on three (3) different variance requests denied by the
Cemetery Committee for the placement of a monument exceeding size restrictions in the College
Station Cemetery located on Texas Avenue.
Ross Albrecht, updated council on the size and dimension of the monument and the variance
restrictions.
Council member Ruesink moved to deny variance. Motion failed to lack of second.
Council member Lyles moved to approve variance requested by Ken and Kimberly Reynolds.
Council member Fields seconded the motion, which carried 3 - 1.
FOR: Mayor Berry, Council members Lyles and Fields
AGAINST: Council member Dave Ruesink
3. Public Hearing, presentation, possible action and discussion concerning approval to proceed
with bidding for improvements to Tauber and Stasney Streets from University Drive to
Cherry Street.
Chuck Gilman, PE, Director of Capital Projects presented Council an overview of the Tauber and
Stasney Street Project and once this project is completed Tauber will have a total of 43 on-street
parallel parking spaces between University and Cherry, and Stasney have 39 on-street parallel
parking spaces. Staff recommended proceeding with the advertisement for construction bids.
Mayor Berry opened the public hearing. Chris Scotti, Northgate District Association, thanked the
staff and stated few concerns with parking. Mayor Berry closed the public hearing.
Council member Fields moved to approve staff proceeding with the advertisement for construction
bids. Council member Lyles seconded the motion, which carried 4 - 0.
FOR: Mayor Berry, Council members Lyles, Ruesink, and Fields
AGAINST: None
4. Public Hearing, presentation, possible action and discussion concerning approval to proceed
with engineering services for the extension of Jones-Butler from Luther Street to George
Bush Drive.
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City Council Minutes
Thursday, July 22, 2010
Chuck Gilman, PE, Director of Capital Projects presented Council an overview of the engineering
services for the extension of Jones Butler from Luther Street to George Bush Drive. Staff
recommended move forward with professional services contract to begin on the extension of Jones-
Butler Road.
Mayor Berry opened the public hearing. No one spoke. Mayor Berry closed the public hearing.
Council member Lyles moved to approve staff to proceed with a professional services contract.
Council member Fields seconded the motion, which carried 4 - 0.
FOR: Mayor Berry, Council members Lyles, Ruesink, and Fields
AGAINST: None
5. Public Hearing, presentation, possible action and discussion concerning approval to advertise
the Barron Road Widening Phase 2 Project for construction bids.
Chuck Gilman, PE, Director of Capital Projects presented an overview of the Barron Road
Widening Phase 2 projects that involves widening Barron Road from Decatur Drive and Barron
Cutoff Road on the southwest side of William D. Fitch, which currently is a two lane rural road.
Staff recommended proceeding with advertisement for construction bids.
Mayor Berry opened the public hearing. No one spoke. Mayor Berry closed the public hearing.
Council member Fields moved to approve staff proceeding with advertisement for construction
bids. Council member Ruesink seconded the motion, which carried 4 - 0.
FOR: Mayor Berry, Council members Lyles, Ruesink, and Fields
AGAINST: None
6. Public Hearing, presentation, possible action, and discussion regarding an Ordinance
amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning
Map", of the Code of Ordinances of the City of College Station, specifically rezoning for
Spring Creek Retail and Office Center from A-O, Agricultural Open to PDD, Planned
Development District for 5 acres located at 1850 William D. Fitch Parkway.
Matt Robinson, Staff Planner presented rezoning for Spring Creek Retail & Office from A-O,
Agricultural Open to PDD, Planned Development District for 5 acres located at 1850 William D.
Fitch Parkway.
Mayor Berry opened the public hearing. No one spoke. Mayor Berry closed the public hearing.
John Nichols spoke on behalf of the Planning and Zoning discussion and denial of rezoning request.
Jane Kee, IPS Group, stated that the applicant is implementing the Comprehensive Plan
appropriately and the development would fit with the adjacent neighborhood.
Council member Lyles moved to approve Ordinance No. 2010-3261 rezoning for Spring Creek
Retail & Office from A-O, Agricultural Open to PDD, Planned Development District for 5 acres
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City Council Minutes
Thursday, July 22, 2010
located at 1850 William D. Fitch Parkway. Council member Ruesink seconded the motion, which
carried 4 - 0.
FOR: Mayor Berry, Council members Lyles, Ruesink, and Fields
AGAINST: None
7. Public hearing, presentation, possible action, and discussion regarding an Ordinance
amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning
Map", of the Code of Ordinances of the City of College Station, specifically rezoning for a
portion of Lot 1, Block 3 and a portion of Lots 34-36, Block 2 of the Spring Creek Garden
Subdivision from A-P Administrative Professional and R-1 Single Family Residential to PDD,
Planned Development District for 0.8625 acres located East of the intersection of Candace
Court and Decatur Drive.
Bob Cowell, , Director of Planning and Development Services presented rezoning for Spring Creek
Garden from A-P Administrative Professional and R-1 Single Family Residential to PDD, Planned
Development District for 0.8625 acres located east of the intersection of Candace Court and Decatur
Drive. Staff recommended approval and P&Z recommended approval.
Wallace Phillips, applicant present for questions.
Mayor Berry opened public hearing. No one spoke. Mayor Berry closed the public hearing.
Council member Fields moved to approve Ordinance No. 2010-3262 rezoning for Spring Creek
Garden from A-P Administrative Professional and R-1 Single Family Residential to PDD, Planned
Development District for 0.8625 acres located east of the intersection of Candace Court and Decatur
Drive. Council member Ruesink seconded the motion, which carried 4 - 0.
FOR: Mayor Berry, Council members Lyles, Ruesink, and Fields
AGAINST: None
8. Public Hearing, presentation, possible action, and discussion approving an ordinance
vacating and abandoning 12.5 feet (1,679.7 square feet) of a 20-foot wide public utility
easement, which is located on Lot 1R of Block 2A of the College Park Subdivision according
to the plat recorded in Volume 8582, Page 96 of the Deed Records of Brazos County, Texas.
Alan Gibbs, City Engineer presented an easement abandonment that accommodates future
development of 12.5 feet (1,679.7 square feet) of a 20-foot wide public utility easement, which is
located on Lot 1R of Block 2A of the College Park Subdivision. There are no public or private
utilities in the subject portion of easement to be abandoned.
Mayor Berry opened the public hearing. No one spoke. Mayor Berry closed the public hearing.
Isle Jones, applicant present for questions.
Council member Fields moved to approve Ordinance No. 2010-3263 vacating and abandoning
12.5 feet (1,679.7 square feet) of a 20-foot wide public utility easement, which is located on Lot 1R
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City Council Minutes
Thursday, July 22, 2010
of Block 2A of the College Park Subdivision. Council member Lyles seconded the motion, which
carried 4 - 0.
FOR: Mayor Berry, Council members Lyles, Ruesink, and Fields
AGAINST: None
9. Presentation, possible action, and discussion regarding the formation of two committees to
assist with the Medical Corridor project.
David Gwin, Director of Economic and Community Development Services updated Council on the
need to form two committees to assist with the Medical Corridor Committee. Staff requested that
an application for the citizens' advisory committee be placed on the City's website under the Citizen
Committees, Boards and Commissions page. The targeted stakeholders group will be seated
subsequently.
No formal action was taken.
_______________________________________________________________
At 8:10 pm, Mayor Berry announced that the City Council would convene into executive session
pursuant to Sections 551.071 of the Open Meetings Act to seek the advice of our city attorney.
11. Executive Session will immediately follow the workshop meeting in the Administrative
Conference Room.
Consultation with Attorney {Gov't Code Section 551.071}; possible action. The City Council
may seek advice from its attorney regarding a pending or contemplated litigation subject or
settlement offer or attorney-client privileged information. Litigation is an ongoing process
and questions may arise as to a litigation tactic or settlement offer, which needs to be
discussed with the City Council. Upon occasion the City Council may need information from
its attorney as to the status of a pending or contemplated litigation subject or settlement offer
or attorney-client privileged information. After executive session discussion, any final action
or vote taken will be in public. The following subject(s) may be discussed:
Litigation
a. 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
b. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley
Solid Waste Management Agency contract, on proposed methane gas contract
c. Water CCN / 2002 Annexation / Wellborn Water Supply Corporation
d. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney,
and Ben White
e. Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et al
f. Clancey v. College Station, Glenn Brown, and Kathy Merrill
Legal Advice
a. Discussion of Legal Issues Regarding: Wellborn Incorporation Request
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City Council Minutes
Thursday, July 22, 2010
b. Contemplated Litigation, Legal remedies available to abate weeds, rubbish, brush and other
unsanitary matter from a lot in the College Hills residential area.
Returned from executive session at 8:45 p.m.
1. Presentation, possible action, and discussion on capital project funding for the City of College
Station.
Jeff Kersten, Chief Financial Officer updated Council on the funding of capital projects by the City
of College Station.
10. Council Calendar
Council reviewed activities on Council calendar.
12. Adjourn.
Hearing no objections, Mayor Berry concluded Regular Meeting at 8:55 pm on July 22, 2010.
PASSED AND APPROVED this August 12, 2010
ATTEST:
_____________________________
City Secretary
APPROVED:
______________________________
Mayor Nancy Berry
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August 26, 2010
Consent Agenda Item No. 2b
Resolution, Amending ILA and Notice of Election
November 2, 2010 Special Election
To: Glenn Brown, City Manager
From: Tanya McNutt, Deputy City Secretary
Agenda Caption: Presentation, possible action and discussion of resolution amending an
interlocal agreement between the City of College Station and Brazos County for the conduct
and management of the City of College Station Special election and amending the Notice of
Special Election that will be held on Tuesday, November 2, 2010.
Summary: On August 18, 2010 the City Secretary’s Office received notification from Karen
McQueen, County Clerk, that the Rudder Tower polling location for Precinct 20 would have
to be moved due to the construction deadline being moved up. The new proposed location
is the Memorial Student Center (MCS).
Budget & Financial Summary: This will have no budgetary or financial impact.
Attachments:
1. Resolution
2. Interlocal Agreement with Brazos County (will be presented at Council Meeting)
3. Notice of Special Election
16
26 de agosto de 2010
Punto de Acuerdo en la Orden del Día #2b
Resolución y Acuerdo Interlocal para las
Elecciones Especiales del 2 de noviembre de 2010
Para: Glenn Brown, Alcalde de la Ciudad
De: Tanya McNutt, Asistente al Secretario de la Ciudad
Rubro de la Orden del Día: Presentación, posible acción y discusión acerca la
resolución que enmienda un acuerdo interlocal entre la Ciudad de College Station y el
Condado de Brazos para conducir y manejar las elecciones especiales de la Ciudad de
College Station y aprobar la Notificación de Elecciones especiales que se celebrarán el día
martes 2 de noviembre de 2010.
Resumen: El 18 de agosto de 2010 la Oficina del Secretario de la Cuidad, recibió
notificación de Karen McQueen, Empleado de Condado que la ubicación de votación de
Torre de Rudder para la Zona 20 tendrían que ser movidos debido al ser de la fecha tope
de construcción subió. La nueva ubicación propuesto es el Centro conmemorativo de
Estudiante (MSC).
Presupuesto y Resumen Financiero: Esto no tendrá impacto presupuestario ni
financiero
Adjuntos:
Resolución
Acuerdo Interlocal con el Condado de Brazos
Notificación de Elecciones Especiales
17
RESOLUTION NO. _______________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS; AMENDING AN INTERLOCAL GOVERNMENT AGREEMENT WITH BRAZOS
COUNTY FOR THE CONDUCT AND MANAGEMENT OF THE CITY OF COLLEGE
STATION SPECIAL ELECTION AND AMENDING THE NOTICE OF SPECIAL ELECTION
THAT WILL BE HELD ON TUESDAY, NOVEMBER 2, 2010.
WHEREAS, Brazos County will conduct a general election on Tuesday November 2, 2010; and
WHEREAS, the City of College Station City Council will be conducting a Special Election to be
held on the same day; and
WHEREAS; the parties to this agreement desire that a joint election be held that is cost effective
and convenient for the voters of both entities; and
WHEREAS; a polling location has been changed from Rudder Tower to Memorial Student
Center (MSC); now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the amended interlocal government agreement is hereby approved setting out
the terms and conditions upon which said election shall be conducted; and
PART 2: That the amended Notice of Election and Early and Regular Polling Places are
hereby approved.
PART 3: That this resolution shall take effect immediately from and after its passage.
ADOPTED this26th day of August, A.D. 2010.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
18
RESOLUCIÓN NO. _______________________
UNA RESOLUCIÓN DEL CONSEJO DE LA CIUDAD DE COLLEGE STATION, TEXAS;
ENMIENDA UN ACUERDO INTERLOCAL ENTRE LA CIUDAD DE COLLEGE STATION
Y EL CONDADO DE BRAZOS PARA CONDUCIR Y HACER LOS ARREGLOS
NECESARIOS PARA LAS ELECCIONES ESPECIALES DE LA CIUDAD DE COLLEGE
STATION Y ENMIENDE LA NOTIFICACIÓN DE ELECCIONES ESPECIALES QUE SE
CELEBRARÁN EL DÍA MARTES 2 DE NOVIEMBRE DE 2010.
EN TANTO QUE, El Condado de Brazos celebrará elecciones generales el día 2 de noviembre
de 2010; y
EN TANTO QUE, el Consejo de la Ciudad de College Station realizará unas Elecciones
Especiales para celebrarse el mismo día; y
EN TANTO QUE; las partes de este acuerdo desean celebrar elecciones conjuntas como medida
costo-efectiva y conveniente para los votantes de ambas entidades; ahora, por lo tanto,
EN TANTO QUE: una ubicación de la votación ha sido cambiada del Torre de Rudder a el
Estudiante Conmemorativo Centra (MSC) ahora, por lo tanto
QUE SE RESUELVA POR EL CONSEJO DE LA CIUDAD DE COLLEGE STATION,
TEXAS:
PARTE 1: Que el acuerdo gubernamental interlocal emendado por este medio se aprueba en
base a los términos y condiciones bajo los cuales dichas elecciones se conducirán;
y
PARTE 2: Que la Notificación de Elecciones enmendado y los Sitios Regulares y Tempranos
para Votaciones por este medio se aprueban.
PARTE 3: Que esta resolución tomará efecto inmediatamente desde y después de aprobada.
ADOPTADA este 12avo día del mes de agosto A.D. de 2010.
DOY FE: APROBADA:
Secretaria de la Ciudad ALCALDE
APROBADA:
Abogado de la Ciudad
19
NOTICE OF SPECIAL ELECTION
TO THE REGISTERED VOTERS OF THE CITY OF COLLEGE STATION:
Notice is hereby given that the polling places listed below will be open from 7:00 am to 7:00 pm on
Tuesday, November 2, 2010 for voting in special election to elect a College Station City Council member,
Place 5.
VOTING LOCATIONS:
City of College Station Precincts Polling Places
2B, 2C Wellborn Community Center
4119 Greens Prairie Road
8 Parkway Baptist Church
1501 Southwest Pkwy
9 College Station Conference Center
1300 George Bush Drive
10A, 10B CS Utility Customer Service Center
310 Krenek Tap Road
20 Memorial Student Center (MSC) –
Texas A&M Campus, Room 146, College Station
21 St. Mary’s Catholic Church
603 Church Street
24 John Connally Building
301 Tarrow
31 Grace Bible Church Southwood Annex
1901 Harvey Mitchell Parkway South
32 Larry J. Ringer Library
1818 Harvey Mitchell Pkwy
33, 72, 74 Lincoln Center
1000 Eleanor
34 CS City Hall
1101 Texas Avenue
35A, 35B CS ISD Admin. Bldg
1812 Welsh
39 St. Francis Episcopal Church
1101 Rock Prairie Road
40 Aldersgate Methodist Church
2201 Earl Rudder Freeway South
41 Christ United Methodist Church
4201 State Hwy 6 South
64 Mary Branch Elementary
2040 W. Villa Maria, Bryan
68 Peach Creek Community Center
2216 Peach Creek Road
80 Living Hope Baptist Church
4170 State Hwy 6, South
20
Notice of Special Election
November 2, 2010
Page 2 of 2
Joint early voting shall be conducted by personal appearance and by mail. The period for early voting by
personal appearance for the special election shall be October 18 through October 29, 2010. Optical scan ballots
shall be used for early voting by mail and direct recording electronic voting machines shall be used for early
voting by personal appearance. The Early Voting Clerk for said elections shall be the County Clerk. She shall
determine the number of election workers to hired and arrange for training of all election workers. Early voting
by personal appearance for the special election shall be held on the following dates and times:
Early Vote Sites
Brazos County Administration Building – 200 S. Texas Ave., Bryan, Texas
Arena Hall – Tabor Road & N. Earl Rudder Frwy., Bryan, Texas
Galilee Baptist Church – 804 N. Logan, Bryan, Texas
CS Electric Training Facilities – 1603 Graham Rd
Memorial Student Center (MSC) – Texas A&M Campus, Room 146, College Station
October 18 – October 22 8:00 am – 5:00 pm
Monday – Friday
October 23 – Saturday 8:00 am – 8:00 pm
October 24 – Sunday 10:00 am – 3:00 pm
October 25 - 29 8:00 am – 8:00 pm
Monday – Friday
Requests for application to vote by mail can be made by contacting the Early Voting Clerk at the following
address: Jaime Hines, Brazos County Clerk’s office, 300 E. 26th Street Suite 120, Bryan, Texas 77803
PASSED AND APPROVED this 12th day August, 2010.
ATTEST: APPROVED:
________________________ _______________________
City Secretary Mayor
21
NOTIFICACIÓN DE ELECCIONES ESPECIALES
PARA LOS VOTANTES REGISTRADOS DE LA CIUDAD DE COLLEGE STATION:
Por este medio a continuación aparecen los centros de votaciones que estarán abiertos de 7:00 am a 7:00
pm, el día martes 2 de noviembre de 2010, para votar en elecciones especiales y elegir a un miembro del
Consejo de la Ciudad para el Puesto número 5 de la Ciudad de College Station.
SITIOS DE VOTACIONES:
Distritos de la Ciudad de College Station Centros de Votaciones
2B, 2C
Wellborn Community Center [Centro Comunitario de
Wellborn]
4119 Greens Prairie Road
8 Parkway Baptist Church [Iglesia Bautista Parkway]
1501 Southwest Pkwy
9
College Station Conference Center [Centro de
Conferencias de College Station]
1300 George Bush Drive
10A, 10B
CS Utility Customer Service Center [Centro de Servicio
al Cliente de Servicios Esenciales Públicos de College
Station]
310 Krenek Tap Road
20
Memorial Student Center (MSC) [Estindiante
Conmemorativo Centra (MSC)]
Texas A&M Campus, Room 146 [Cuarto 146]
College Station
21 St. Mary’s Catholic Church [Iglesia Católica St. Mary’s]
603 Church Street
24 John Connally Building [Edificio John Connally]
301 Tarrow
31
Grace Bible Church Southwood Annex [Anexo
Southwood de la Iglesia Grace Bible]
1901 Harvey Mitchell Parkway South
32 Larry J. Ringer Library [Biblioteca Larry J. Ringer]
1818 Harvey Mitchell Pkwy
33, 72, 74 Lincoln Center [Centro Lincoln]
1000 Eleanor
34
CS City Hall [Municipalidad de la Ciudad de College
Station]
1101 Texas Avenue
35A, 35B
CS ISD Admin. Bldg [Edificio Administrativo del
Distrito Escolar Independiente de College Station]
1812 Welsh
39
St. Francis Episcopal Church [Iglesia Episcopal St.
Francis]
1101 Rock Prairie Road
40 Aldersgate Methodist Church [Iglesia Metodista
Aldersgate]
22
Notificación de Elecciones Especiales
2 de noviembre de 2010
Página 2 de 3
2201 Earl Rudder Freeway South
41
Christ United Methodist Church [Iglesia Metodista Christ
United]
4201 State Hwy 6 South
64
Mary Branch Elementary [Escuela Primaria Mary
Branch]
2040 W. Villa Maria, Bryan
68
Peach Creek Community Center [Centro Comunitario
Peach Creek]
2216 Peach Creek Road
80
Living Hope Baptist Church [Iglesia Bautista Living
Hope]
4170 State Hwy 6, South
Las votaciones tempranas conjuntas se realizarán en persona y por correo. El período para las votaciones
tempranas en persona para las elecciones especiales será del 18 de octubre al 29 de octubre de 2010. Las boletas
de Escaneo Óptico se usarán para las votaciones tempranas por correo y las máquinas electrónicas de registro
directo para votar serán usadas para las votaciones tempranas en persona. El Encargado de las Votaciones
Tempranas para dichas elecciones será el Dependiente del Condado. Él determinará el número de trabajadores a
contratar para las elecciones y hará los arreglos necesarios para capacitarlos. Las Votaciones Tempranas en
persona para las elecciones especiales serán realizadas en las siguientes fechas y horas:
Sitios de Votaciones Tempranas
Brazos County Administration Building [Edificio Administrativo del Condado de Brazos] – 200 S. Texas Ave.,
Bryan, Texas
Arena Hall [Salón Arena]– Tabor Road & N. Earl Rudder Frwy., Bryan, Texas
Galilee Baptist Church [Iglesia Bautista Galilee]– 804 N. Logan, Bryan, Texas
CS Electric Training Facilities [Sitio de Capacitación Eléctrica de College Station]– 1603 Graham Rd
Rudder Tower – 2nd Floor [Torre Rudder, 2do Nivel] – Joe Routt Blvd, Texas A&M University, College Station,
Texas
18 de octubre – 22 de octubre 8:00 am – 5:00 pm
lunes - viernes
sábado 23 de octubre 8:00 am – 8:00 pm
domingo 24 de octubre 10:00 am – 3:00 pm
25 – 29 de octubre 8:00 am – 8:00 pm
lunes - viernes
23
Notificación de Elecciones Especiales
2 de noviembre de 2010
Página 3 de 3
Para pedir una solicitud para votar por correo, por favor comuníquese con el Encargado de las Elecciones
Tempranas a la siguiente dirección: Jaime Hines, Brazos County Clerk’s office, 300 E. 26th Street Suite 120,
Bryan, Texas 77803
PASADO Y APROBADO este 12avo día del mes de agosto de 2010.
DOY FE: APROBADO:
________________________ _______________________
Secretario de la Ciudad Alcalde
24
August 26, 2010
Consent Agenda Item No. 2c
Depository Services
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on a resolution selecting
a depository bank, approving a bank depository contract, designating the City Manager or
his Designee as the designated officer to administer the depository services for the City, and
authorizing the maximum expenditure of funds for the term of the contract. Citibank N.A. is
the bank being recommended as the City's depository bank. The contract is for a three year
term and it is anticipated that the cost for depository services will not exceed $46,666 in
any year of the contract.
Relationship to Strategic Goals: Goal I Financially Sustainable City Providing Response
to Core Services and Infrastructure
Recommendation(s): Approve the resolution selecting Citibank N.A. as the City's
depository bank.
Summary: Depository services primarily consist of receiving and holding City deposits
and of processing City transfers/payments through either electronic fund transfers or the
clearing of checks drawn on City accounts. The City's current depository services contract is
with Citibank N.A. On a monthly basis the City deposits and withdraws approximately $15.7
million with Citibank N.A and maintains a combined average balance of approximately $18-
$20 million.
On June 2, 2010 the City released a request for applications (RFA) for bank depository
services. The following five banks responded to the request: American Momentum Bank,
CitiBank N.A., Compass Bank, JP Morgan Chase Bank and Wells Fargo Bank. A committee
of six staff members was formed to evaluate the applications. The top three banks
responding to the RFA met with the evaluation committee.
The evaluation criteria used to rank the applications were outlined in the RFA. The three
most heavily weighted factors were: 1) the ability to perform and provide the required and
requested services, 2) the cost of banking services, and 3) the ability to provide the City
with effective and innovative cash management services. Although all of the banks
submitted excellent applications and delivered excellent presentations, Citibank's application
received the majority of the vote from the evaluation committee. In addition to providing
an extensive list of services, Citibank, N.A. submitted the lowest cost for banking services,
and it clearly demonstrated the ability to present the City with innovative cash management
options. Citibank will also pay the City interest on its excess collected balance. It also has a
dedicated governmental division and numerous governmental clients that give it the
specialized resources and experience that would greatly benefit the City.
The contract is for a three year period and has the option of two one-year renewals.
Budget & Financial Summary: The annual cost for the services provided by Citibank is
expected to not exceed $46,666 annually. The expenditure for banking services is budgeted
in the General Fund.
Attachments:
Depository Services Contract available in the City Secretary Office
Resolution
25
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, SELECTING A DEPOSITORY BANK, APPROVING A BANK DEPOSITORY
CONTRACT, DESIGNATING THE CITY MANAGER OR HIS DESIGNEE AS THE
DESIGNATED OFFICER TO ADMINISTER THE DEPOSITORY SERVICES FOR
THE CITY, AND AUTHORIZING THE MAXIMUM EXPENDITURE OF FUNDS FOR
THE TERM OF THE CONTRACT.
WHEREAS, the City of College Station, Texas, solicited applications for a Bank Depository
Contract pursuant to Chapter 105 of the TEXAS LOCAL GOVERNMENT CODE; and
WHEREAS, the selection of Citibank N.A. is being recommended to provide banking depository
services to the City of College Station, Texas, after an extensive review and selection process;
and
WHEREAS, Chapter 105 of the TEXAS LOCAL GOVERNMENT CODE and the terms of the Bank
Depository Contract require the designation of a municipal officer to represent and act on behalf
of the City on all matters arising from the Bank Depository Contract; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby designates Citibank N.A. as the City's
Depository Bank.
PART 2: That the City Council hereby approves the Bank Depository Contract with
Citibank N.A. for an amount not to exceed $170,000.00 over a three-year term
for bank depository services.
PART 3: That the City Council hereby designates the City Manager or his Desi gnee to
serve as the City’s Designated Officer to represent and act on the City’s behalf
on all matters arising under the Depository Services Contract.
PART 4: That the funding for this project shall be as budgeted from the General Fund
in the amount of $170,000.00.
PART 5: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 26th day of August, A.D. 2010.
26
27
August 26, 2010
Consent Agenda Item No. 2d
College Main Parking Garage System Upgrade & General Renovation
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding a contract for
an equipment upgrade and general renovation of the College Main Parking Garage Access
and Exit System in the amount of $345,353.
Recommendation(s): Staff recommends that the City Council approve the contract with
ProTech Access.
Summary: After ten (10) years of heavy use, the current access and revenue control
equipment in the College Main Parking Garage has reached the end of its service life. While
this existing equipment is currently functional, staff has identified numerous mechanical
elements which are severely outdated or currently malfunctioning regularly. This situation
unnecessarily drains departmental resources and creates both an operational gap and
frustrating experience for many of our parking customers.
The renovated system’s design will somewhat resemble the existing mechanical layout.
However, the new, updated elements will allow for a significantly revised operational model
which provides several new options as well as a much more efficient service for garage
users. Specifically, the proposed system replaces the following equipment:
A complete overhaul or replacement of the access and exit components, along with all
associated mechanical equipment, is outlined in the planned renovation. This includes
installing new ticket dispensers, exit verifiers, gate control boxes, gate arms and all
uninterrupted power supply and surge suppresor components. Also included are new access
card verification devices to accomodate contract users.
The renovation also includes removing the existing pay stations and replacing them with
two new fully-automatic pay stations and two additional credit-card-only pay station kiosks.
These four pay stations, in addition to the replacement of two manned pay stations located
in the central garage office will effectively balance system traffic during all operational
times. A new intercom system and several new surveillance cameras are also included in
the upgrade to better ensure patron safety and help monitor and prevent abuse and
vandalization of all new and existing system components.
The proposed system incorporates a new wireless event management system to streamline
peak-hour garage operation and special event operation by adding pay-on-entry and
prepaid authorization capabilities, respectively. This agreement includes installation of a
complete wireless network interface, as well as the purchase of all hardware and
components necessary to complete the wireless network infrastructure. To accommodate
the event management system, all revenue and access control components will be updated
to recognize and accept barcode and magnetic stripe ticket technology.
Finally, all associated installation materials, peripherals, labor costs, system configuration
and hardware/software training are included in the contract and will be provided or
arranged by ProTech Access.
28
City staff will meet with the Northgate Stakeholders Group on Tuesday, August 24, 2010 at
1:00 p.m. in the Tradition Dormitory Conference Room to discuss the operational details of
the proposed system upgrade and renovation.
Budget & Financial Summary: The cost of the new College Main Parking Garage
Access/Exit System is $345,353. This item is budgeted in the 2010 Parking Enterprise Fund.
Attachments:
1. General Services Contract between City of College Station and ProTech Access –
Available for review in City Secretary’s Office
29
August 26, 2010
Consent Agenda Item No. 2e
Approval of Payment to ASA for 2010 Softball Tournament Fees
To: Glenn Brown, City Manager
From: David Schmitz, Assistant Director, Parks and Recreation Department
Agenda Caption: Presentation, possible action, and discussion regarding a payment to the
Amateur Softball Association (ASA) for assessment fees for the 2010 USA/ASA 16U Class
National Softball Tournament in the amount of $64,000.
Relationship to Strategic Goals: Goal I.10 Hotel/Motel utilization for eligible projects,
Goal III.10 Increase tourism, working with University.
Recommendation(s): Staff recommends approval of the payment.
Summary: Part of the process of hosting a tournament sanctioned by the ASA is the
payment of assessment fees based on the number of teams entered. For the 2010
USA/ASA 16U Class National Softball Tournament that cost is $400.00 per team. This year
there were 160 teams in the tournament equaling $64,000.00 in assessment fees. A
portion of this fee, $21,000, was paid in FY 2009, with the remaining $43,000 being due at
this time. Prior approval was not requested as we do not know the fee until after the
tournament registration is finalized, one week prior to the start. These fees are offset by
tournament revenues, both from entry fees, gate fees and souvenir sales. This year
however, the City is also receiving reimbursement from the State Comptrollers Special
Event Fund for eligible expenses related to the tournament. This expense, both the FY 10
and the FY 09 portions are considered eligible expenses.
This is considered to be a sole source item since only ASA can sanction ASA national softball
tournaments.
Budget & Financial Summary: The fees for the Tournament fees are included in the Parks
and Recreation Department’s Hotel Occupancy Tax budget any shortfall is expected to be
recovered from entry and gate fees as well as reimbursement from the State Comptrollers
Special Event Fund from which we will be receiving reimbursement for costs associated with
the 2010 ASA 16&U Class A National Softball Tournament. Revenues from tournaments in
FY10 currently stand at $204,389.
Attachments:
1. ASA Assessment Fee Invoice
30
31
August 26, 2010
Consent Agenda Item No. 2f
Illegal Smoking Substance Ordinance
To: Glenn Brown, City Manager
From: Jeff Capps, Chief of Police
Agenda Caption: Presentation, possible action, and discussion regarding a City
Ordinance designed to define and ban the possession and use of illegal smoking products
and ingestion devices. This ordinance is being presented as a result of direction received
from City Council at the August 12, 2010 meeting.
Recommendation(s): Passage of ordinance
Summary: This item is being presented as a result of direction received from City Council
on August 12, 2010 following a presentation made pertaining to the health and safety issues
regarding the use of K2 and Salvia Divinorum.
Over the past few months, there has been an increased awareness of “K2” or “Spice”
through media reports, law enforcement and community service groups. Several states
have introduced legislation, which would ban the possession of K2 and most recently,
several municipalities have been studying the feasibility of establishing city ordinances,
which would ban the substances until State laws can be enacted. There is pending
legislation in Texas that would make it illegal to possess these substances. If passed, it is
anticipated that the law would take effect in September 2011. This ordinance would be a
measure to bridge the gap of time until a State law can be enacted.
Budget & Financial Summary: N/A
Attachments:
1. Draft ordinance
32
ORDINANCE NO. _________
AN ORDINANCE AMENDING CHAPTER 7, “HEALTH AND SANITATION”, OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
ADDING SECTION 12 “ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING
PARAPHERNALIA”, AS SET OUT BELOW; PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That CHAPTER 7, SECTION 12, “ILLEGAL SMOKING
PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA” be
added to the Code of Ordinances as set out in Exhibit “A”, attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be
void or unconstitutional, such holding shall in no way effect the validity of
the remaining provisions or sections of this ordinance, which shall remain
in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not less than Twenty-five Dollars
($25.00) nor more than Two Thousand Dollars ($2000.00). Each day such
violation shall continue or be permitted to continue, shall be deemed a
separate offense. Said Ordinance, being a penal ordinance, becomes
effective ten (10) days after its date of passage by the City Council, as
provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this _______ day of August, 2010.
ATTEST: APPROVED:
__________________________________ ____________________________________
City Secretary Mayor
APPROVED:
___________________________________
City Attorney
33
ORDINANCE NO.__________________ Page 2
That CHAPTER 7, SECTION 12, “ILLEGAL SMOKING PRODUCTS AND ILLEGAL
SMOKING PARAPHERNALIA” be added to the Code of Ordinances as set out in Exhibit
“A”, attached hereto and made a part of this ordinance for all purposes.
EXHIBIT “A”
SECTION 12. ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING
PARAPHERNALIA
A. DEFINITIONS
(1) “Illegal Smoking Paraphernalia” shall mean any equipment, product, object, or
material that is used or intended for use in ingesting, inhaling, or otherwise introducing
an illegal smoking product into the human body, including:
a. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a
screen, permanent screen, hashish head, or punctured metal bowl;
b. a water pipe;
c. a carburetion tube or device;
d. a smoking or carburetion mask;
e. a chamber pipe;
f. a carburetor pipe;
g. an electric pipe;
h. an air-driven pipe;
i. a chillum;
j. a bong; or
k. an ice pipe or chiller.
(2) “Illegal Smoking Product” shall mean any plant or other substance, whether described
as tobacco, herbs, incense, spice, or any blend thereof, under any of the Marketed Names
of Illegal Smoking Products, regardless of whether the substance is marketed for the
purpose of being smoked, which includes any one or more of the following substances or
chemicals:
a. Salvia divinorum or salvinorin A; all parts of the plant presently classified
botanically as salvia divinorum, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound, manufacture, salts,
derivative, mixture or preparation of such plant, its seeds or extracts or similar
structural analogs;
b. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as
CP47,497) and homologues or similar structural analogs;
c. (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol) or
similar structural analogs;
34
ORDINANCE NO.__________________ Page 3
d. 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018) or similar structural
analogs;
e. 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073) or similar structural
analogs;
f. 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081) or similar
structural analogs.
(3) “Marketed Names of Illegal Smoking Products” Illegal Smoking Products containing
some or all of the above substances currently marketed under the following commercial
names:
a. K – 2, K – 2 Summit, K – 2 Sex, Genie, Dascents, Zohai, Sage, Spice, KO Knock
– Out 2, Spice Gold, Spice Diamond, Yucatan Fire, Solar Flare, Pep Spice, Fire
N’ Ice, and Salvia Divinorum.
(4) “Person” shall mean an individual, corporation, partnership, wholesaler, retailer, or any
licensed or unlicensed business.
B. OFFENSE
(1) It shall be unlawful for any person to use, possess, purchase, barter, give, deliver,
publicly display, sell, or offer for sale any Illegal Smoking Product.
(2) It shall be unlawful for any person to use or possess any Illegal Smoking Paraphernalia
with the intent to inject, ingest, inhale, or otherwise introduce into the human body an
Illegal Smoking Product.
(3) Any product containing any of the chemical compounds set forth above shall be subject
to the provisions of this Ordinance, regardless of whether the product is marketed under
names other than those listed above.
C. AFFIRMATIVE DEFENSES
(1) It shall be an affirmative defense for a person charged with an offense for possession or
use of an Illegal Smoking Product that the use or possession was pursuant to the direction
or prescription of a licensed physician or dentist authorized to direct or prescribe such
act.
(2) It shall be an affirmative defense that the sale or possession of Salvinorin A was in
conjunction with ornamental landscaping and used solely for that purpose.
(3) In the possession of or being used by a governmental entity for a health purpose, research
and education, or a similar program.
35
August 26, 2010
Consent Agenda Item No. 2g
BVSWMA Borrowed Employee Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion of a Borrowed Employee
Agreement between the City of College Station and the Brazos Valley Solid Waste
Management Agency Inc.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s): Staff recommends approval of the agreement.
Summary: The Borrowed Employee Agreement is an Interlocal Agreement between the
City and BVSWMA that defines the terms for the current College Station employees to
continue to staff and operate the Rock Prairie and Twin Oaks landfills after the ownership of
those facilities are transferred from the Cities of College Station and Bryan to BVSWMA.
The agreement has The College Station employees serving in the College Station BVSWMA
positions shall remain employees of College Station and shall be entitled to the same
employee benefits as other College Station employees while performing services for the
BVSWMA.
Budget & Financial Summary: BVSWMA will reimburse the City of College Station for
employee costs on a bi-weekly basis to coincide with the pay schedule for those affected
employees.
Attachments:
1. Borrowed Employee Agreement
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INTERLOCAL COOPERATION AGREEMENT – PAGE 1 43183
STATE OF TEXAS §
§ Borrowed Employee Agreement
COUNTY OF BRAZOS §
This Borrowed Employee Agreement (the “Agreement”) is made by and between the City
of College Station, Texas (“College Station”) and the Brazos Valley Solid Waste Management
Agency, Inc. (the “Agency”), acting by and through their respective authorized representatives,
pursuant to Chapter 791, Texas Government Code, as amended. The City of College Station and
Brazos Valley Solid Waste Management Agency, Inc. are collectively referred to herein as the
“Parties” and each individually as a “Party”.
RECITALS:
WHEREAS, the Cities of College Station and Bryan (collectively the “Cities”) previously
entered into that certain BVSWMA Joint Solid Waste Management Agreement dated May 9,
1990, as amended by that certain BVSWMA First Amended Joint Solid Waste Management
Agreement dated May 3, 2000, and as further amended by that certain BVSWMA First
Supplement to Joint Solid Waste Management Agreement dated May 29, 2003, (“collectively
referred to as the “BVSWMA Agreement”) relating to the joint use and operation of certain solid
waste collection and disposal assets and landfill facilities of the Cities by a regional solid waste
agency known as the Brazos Valley Solid Waste Management Agency (“BVSWMA”); and
WHEREAS, the Cities have jointly operated BVSWMA as undivided one half interest
owners pursuant to the BVSWMA Agreement; and
WHEREAS, pursuant to that certain Interlocal Cooperation Agreement dated January
14, 2010 (“the ILA”), the Cities have jointly created the Agency for the purpose of auditing,
assisting, and acting on behalf of the Cities in the performance of their governmental functions to
promote the common good and general welfare of the Cities, including, without limitation, the
financing, construction, ownership, and operation of the existing and future municipal solid waste
landfills and the existing compost facility (collectively the “Facilities”) on behalf of the Cities, and
to perform such other governmental purposes of the Cities, including, without limitation, the
collection, handling, transportation, storage, processing, and disposal of municipal solid waste, as
may be determined from time to time by the City Councils of the Cities (the “City Councils”); and
WHEREAS, pursuant to the ILA, the Parties are negotiating an Asset Transfer and Debt
Reimbursement Agreement pursuant to which the Cities will transfer to the Agency certain real
and personal property originally contributed by the Cities to BVSWMA pursuant to the
BVSWMA Agreement along with other assets of either City identified in the Asset Transfer and
Debt Reimbursement Agreement (“the Asset Transfer Agreement”), which assets shall be used
and operated pursuant to the provisions of this Agreement, the Agency’s governing documents,
and/or other appropriate agreements relating to the financing, construction, ownership,
management and operation of said assets; and
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INTERLOCAL COOPERATION AGREEMENT – PAGE 2 43183
WHEREAS, pursuant to this Agreement, the Parties acknowledge and agree that on the
Effective Date (hereinafter defined), the Agency shall utilize for the purpose of operating and
maintaining the Facilities the Cities’ employees who, prior to the Effective Date, were employed
by the Cities for such purposes;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the sufficiency of which are hereby acknowledged, and upon and subject to the terms
and conditions hereinafter set forth the Parties agree as follows:
Article I
Purpose
The purpose of this Agreement is for the Parties to acknowledge and agree that on the
Effective Date, the Agency shall utilize for the purpose of operating and maintaining the Facilities
the employees of College Station who, prior to the Effective Date (hereinafter defined), were
employed by College Station for such purposes.
Article II
Term
2.1 Effective Date. This Agreement shall become effective on the date this Agreement
is signed by all of the Parties following the date of Closing and conveyance of the BVSWMA
Assets to the Agency as set forth in Asset Transfer Agreement by and among the Cities and the
Agency (the “Effective Date”) and shall continue thereafter on annual basis, unless sooner
terminated as provided herein.
2.2 Termination. This Agreement may be terminated by the mutual agreement of
College Station and the Agency. This Agreement shall automatically terminate without notice or
other action by the Parties when the positions set forth in Exhibit “A” are no longer filled by
College Station employees and such positions have either been eliminated or been filled by
Agency employees.
Article III
Borrowed Employees
3.1 Use of City Employees. The Parties understand and agree that on the Effective
Date, the Agency shall utilize for the purpose of operating and maintaining the Facilities the
employees of College Station who, prior to the Effective Date, were employed by College
Station for such purposes in the positions as set forth in Exhibit “A” (the “College Station Agency
Positions”). The College Station employees serving in the College Station Agency Positions shall
remain employees of College Station and shall be entitled to the same employee benefits as other
College Station employees while performing services for the Agency in the College Station
Agency Positions. Attached as Exhibit “B” is a list of College Station employees serving in the
College Station Agency Positions on the Effective Date (the “College Station Eligibility List”).
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INTERLOCAL COOPERATION AGREEMENT – PAGE 3 43183
The Parties may not add any new person to the College Station Eligibility List nor may Parties
add any new position to the College Station Agency Positions.
3.2 Vacancy or Reassignment . The Parties understand and agree that when a College
Station employee occupying a College Station Agency Position pursuant to this Agreement leaves
the employ of College Station for any reason, including but not limited to termination, resignation
or retirement, or is reassigned by College Station to a position that results in the College Station
employee from the College Station Eligibility List no longer being assigned to the College Station
Agency Position, a Bryan employee from the Bryan Eligibility List or a College Station employee
from the College Station Eligibility List (as defined in that certain Borrowed Employee
Agreement by and between the City of Bryan of approximate even date herewith) may apply for
the vacant College Station Agency Position. In the event that such vacant College Station
Agency Position is not filed by a College Station employee or a Bryan employee from the
respective Eligibility List, the College Station Agency Position shall be eliminated and the Agency
may then establish an Agency employment position and employ any person for such newly created
Agency employment position.
3.3 Abolishment of College Station Agency Positions. The Executive Director may not
abolish or eliminate a College Station Agency Position without the prior written approval of the
College Station City Manager. In the event of such approval this Agreement need not be amended
by the Parties and the College Station Agency Positions and the College Station Eligibility List
shall be deemed amended thereby without the necessity of formal amendment to this Agreement.
The Parties may not add any new College Station Agency Positions or add College Station
employees to the College Station Eligibility List as a result of any abolishment or elimination of a
College Station Agency Position pursuant to this Section.
3.4. Agency Reimbursement of Employee Costs. The Agency shall on a bi-weekly basis
reimburse College Station for the employee salary, retirement and benefit costs and human
resources and payroll costs incurred for the College Station employees serving in the College
Station Agency Positions (the “Reimbursable Employee Costs”). College Station shall submit a
detail written invoice for the Reimbursable Employee Costs incurred by College Station for the
previous ending two (2) week pay period (the “Reimbursable Employee Costs Invoice”). The
Agency shall pay the amount of the Reimbursable Employee Costs Invoice within the fifth (5th)
business day after the end of each then ending two (2) week pay period .
3.5 Control and Supervision of Borrowed Employees. The Executive Director shall
not direct or control the College Station employees serving in the College Station Agency
Positions but shall provide scope of work and requests for services to a representative of College
Station for the day-to-day operation of the Facilities. College Station shall designate in writing a
College Station employee to coordinate with the Executive Director regarding the services
requested by the Executive Director.
3.6 Compliance with Personnel Policies. In addition to the personnel policies adopted
by College Station with which the College Station employees must comply, the College Station
employees serving in the College Station Positions shall at all times comply with Agency site
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INTERLOCAL COOPERATION AGREEMENT – PAGE 4 43183
policies and procedures governing safety, opening/closing, emergencies, evacuations, standard
operating procedures and the conduct of personnel on Agency property or while using Agency
property or equipment (collectively the “Agency Site Policy”), College Station agrees to take the
necessary action to ensure that College Station employees serving in College Station Agency
Positions are required to comply with the Agency Site Policy and are subject to disciplinary action
by College Station for violations thereof.
3.7 Discipline of College Station Employees. With respect to the College Station
employees, serving in College Station Positions, College Station shall at all times retain the
authority to discipline, up to and including termination, the College Station employees that are the
subject of this Agreement, for failure to comply with the College Stations personnel policies or
such other laws, rules, and regulations, which may serve as the basis for demotion, suspension, or
termination of other College Station employees. The Executive Director shall recommend to the
College Station Public Works Director, or designee (the “College Station Public Works
Director”) when disciplinary action should be taken with regard to a College Station employee
serving in the College Station Agency Position. Prior to making such recommendation the
Executive Director shall consult with the College Station Public Works Director prior to
requesting disciplinary action be taken. Following such consultation any request from the
Executive Director for disciplinary action with regard to a College Station employee serving in a
College Station Agency Position shall be submitted in writing to the College Station Public Works
Director who shall refer the matter to the appropriate College Station department, supervisor or
other appropriate College Station personnel for appropriate process and disposition. Any
disciplinary action involving a College Station employee serving in a College Station Agency
Position shall be governed by the College Station personnel policies and procedures.
3.8 Removal of Employee at Agency Request. The Executive Director may, without
prior notice to College Station, suspend a College Station employee serving in a College Station
Agency Position from providing services pursuant to this Agreement if said College Station
employee is determined by the Executive Director to be in possible violation of any provisions
relating to safety or environmental regulations set forth in the Agency Site Policy, or to have
otherwise engaged in unsafe conduct or conduct that has resulted, or that reasonably could have
resulted, in theft to the Agency, or harm to persons or property. It is understood and agreed that
such suspension shall be with pay and shall not result in the suspension or termination of said
College Station employee as an employee of College Station; provided, however, College Station
shall retain the right to take disciplinary action with respect to said College Station employee.
3.9 Pay and Benefit Packages. The Agency through its Board of Directors shall adopt
a compensation plan for Agency employees and shall, prior to June 1 of each calendar year,
provide written recommendations to the City Managers for the Cities of Bryan and College
Station for the adoption of a pay plan for Bryan and College Station employees serving in Bryan
Agency Positions and College Station Positions. If approved by the respective City Managers
College Station agrees to take the necessary action to adopt such recommended pay plan for the
College Station employees serving in the College Station Agency Positions.
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INTERLOCAL COOPERATION AGREEMENT – PAGE 5 43183
3.10 Adjustment of Salary and Benefit . The Parties understand, acknowledge, and
agree that College Station shall remain in control of the compensation for the College Station
employees performing duties in College Station Agency Positions pursuant to this Agreement.
College Station acknowledges and agrees that it will not unreasonably deny a request by the
Agency to increase the Agency’s budget and Rate Schedule to the extent necessary to allow the
Agency to recover such additional costs to the Agency.
3.11 Performance Evaluations. Executive Director shall provide written comments
regarding the performance of a College Station employee serving in a College Station Agency
Position to the College Station Public Works Director for any required College Station employee
performance evaluations. The Executive Director shall coordinate with the College Station Public
Works Director to ensure that such written comments are timely delivered for consideration in the
preparation of any required College Station employee performance evaluation. The College
Station Public Works Director shall notify the Executive Director in writing of the dates and
frequency required for the timely delivery of such written comments.
3.12 Insurance.
(a) Agency shall during the term of this Agreement obtain and maintain in full force and effect
the following insurance: (1) a policy of insurance for bodily injury, death and property
damage insuring against all claims, demands or actions with a minimum combined single
limit of not less than $5,000,000 Dollars per occurrence and $15,000,00 in the aggregate
for injury to persons (including death), and for property damage; (2) business automobile
liability policy covering any vehicles used in performance of this Agreement or the
business work; and (3) statutory Worker’s Compensation Insurance covering all of
Agency employees.
(b) All insurance and certificate(s) of insurance shall contain the following provisions: (1)
name the College Station, its officers, agents and employees as additional insureds as to all
applicable coverage with the exception of Workers Compensation Insurance; (2) provide
for at least thirty (30) days prior written notice to the College Station for cancellation,
non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation
in favor the College Station for injuries, including death, property damage, or any other
loss.
(c) All insurance companies providing the required insurance shall be authorized to transact
business in Texas and be acceptable to the City of Bryan and City of College Station.
(d) A certificate of insurance evidencing the required insurance shall be submitted to the
College Station Public Works Director prior to commencement of services.
(e) The costs of Agency insurance required in this Section 3.12 shall be a cost of operation for
the Agency.
(f) College Station shall be responsible for handling and payment of the Workers
Compensation claims for College Station employees serving in College Station Agency
Positions.
(g) Agency required insurance shall be primary with regard to any coverage of insurance of
College Station.
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INTERLOCAL COOPERATION AGREEMENT – PAGE 6 43183
Article IV
Miscellaneous
4.1 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return
Receipt Requested, by hand-delivery or facsimile transmission and addressed to the respective
City at the following address:
If intended for City of College Station
Attn: Mayor
City of College Station
1101 Texas Avenue
College Station, Texas 77840
With copy to:
City Attorney
City of College Station
1101 Texas Avenue
College Station, Texas 77840
If intended for the Agency:
Attn: President
Brazos Valley Solid Waste
Management Agency, Inc.
1101 Texas Avenue
College Station, Texas 77840
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
4.2. Governing Law. The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the Parties shall be governed by the laws of the State
of Texas; and venue for any action concerning this Agreement shall be in the State District Court
of Brazos County, Texas. The Parties agree to submit to the personal and subject matter
jurisdiction of said court.
4.3. Entire Agreement . This Agreement represents the entire agreement among the
Parties with respect to the subject matter covered by this Agreement. There is no other collateral,
oral or written agreement between the parties that in any manner relates to the subject matter of
this Agreement.
4.4. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
4.5. Recitals. The recitals to this Agreement are incorporated herein.
4.6. Amendment . This Agreement may be amended by the mutual written agreement
of all Parties.
4.7. Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
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INTERLOCAL COOPERATION AGREEMENT – PAGE 7 43183
invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
4.8. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
4.9. Legal Construction. In the event any one or more of the provisions contained in the
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
4.10. Assignment . Neither Party may assign this Agreement without the prior written
consent of the other Party.
4.11. Consents. Whenever the consent or the approval of a Party is required herein, such
party shall not unreasonably withhold, delay or deny such consent or approval.
4.12. Good Faith Negotiation; Dispute Mediation. Whenever a dispute or disagreement
arises under the terms of this Agreement, the Parties agree to enter into good faith negotiations to
resolve such disputes. If the matter continues to remain unresolved, the Parties shall refer the matter to
outside mediation prior to engaging in litigation.
4.13 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the Parties, pertaining to a period of
time following the termination of this Agreement shall survive termination.
(Signature Page to Follow)
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INTERLOCAL COOPERATION AGREEMENT – PAGE 8 43183
EXECUTED this _________ day of _________________________, 2010.
CITY OF COLLEGE STATION, TEXAS
By: _____________________________
Nancy Berry, Mayor
APPROVED AS TO FORM ATTEST:
By: _________________________ By: _____________________________
City Attorney City Secretary
EXECUTED this _________ day of _________________________, 2010.
BRAZOS VALLEY SOLID WASTE MANAGEMENT
AGENCY, INC.
By: ___________________________________
Jason Bienski
President
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INTERLOCAL COOPERATION AGREEMENT – PAGE 9 43183
Exhibit “A”
College Station Employee Positions
for Agency Facilities Operation and Maintenance
EMPLOYEE AGENCY POSITION
AGUILAR, MICAELA SECRETARY/SCALE OPERATOR
BEST, SAMANTHA SANITARY LANDFILL MANAGER
BUSA, JASON EQUIPMENT OPERATOR/LANDFILL
BUSHONG, TATE EQUIPMENT OPERATOR/LANDFILL
ESPINOZA, JUAN SECRETARY/SCALE OPERATOR
GODFREY, GEORGE LANDFILL CREW LEADER
HICKS, JOHN WASTE SCREENER
KILDARE, JAMES MECHANIC
KING, JERRY EQUIPMENT OPERATOR/LANDFILL
KRAUSE, FRANK EQUIPMENT OPERATOR/LANDFILL
MARTZ, GLENN EQUIPMENT OPERATOR/LANDFILL
MCQUEEN, SHELIA BVSWMA PROGRAM COORDINATOR
MUSHINSKI, DEAN LANDFILL CREW LEADER
SANCHEZ, BERNARDO GROUNDSWORKER
SHAVER, BRIAN EQUIPMENT OPERATOR/LANDFILL
STOKER, RYAN EQUIPMENT OPERATOR/LANDFILL
STOUGH, HOWARD LANDFILL OPERATIONS SUPERVISOR
THOMPSON, DOUGLAS ENVIRONMENTAL COMPLIANCE OFFICER
TINNEY, LARRY EQUIPMENT OPERATOR/LANDFILL
VAN HOOREBEKE, ELMER EQUIPMENT OPERATOR/LANDFILL
VAN HOOREBEKE, JR., ELMER EQUIPMENT OPERATOR/LANDFILL
VEGA, ROBERT SPOTTER
(Note: There are currently two vacant positions that will be filled before closing on the
agreement.)
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INTERLOCAL COOPERATION AGREEMENT – PAGE 10 43183
Exhibit “B”
List of City Employees serving in the Agency Positions
EMPLOYEE AGENCY POSITION
AGUILAR, MICAELA SECRETARY/SCALE OPERATOR
BEST, SAMANTHA SANITARY LANDFILL MANAGER
BUSA, JASON EQUIPMENT OPERATOR/LANDFILL
BUSHONG, TATE EQUIPMENT OPERATOR/LANDFILL
ESPINOZA, JUAN SECRETARY/SCALE OPERATOR
GODFREY, GEORGE LANDFILL CREW LEADER
HICKS, JOHN WASTE SCREENER
KILDARE, JAMES MECHANIC
KING, JERRY EQUIPMENT OPERATOR/LANDFILL
KRAUSE, FRANK EQUIPMENT OPERATOR/LANDFILL
MARTZ, GLENN EQUIPMENT OPERATOR/LANDFILL
MCQUEEN, SHELIA BVSWMA PROGRAM COORDINATOR
MUSHINSKI, DEAN LANDFILL CREW LEADER
SANCHEZ, BERNARDO GROUNDSWORKER
SHAVER, BRIAN EQUIPMENT OPERATOR/LANDFILL
STOKER, RYAN EQUIPMENT OPERATOR/LANDFILL
STOUGH, HOWARD LANDFILL OPERATIONS SUPERVISOR
THOMPSON, DOUGLAS ENVIRONMENTAL COMPLIANCE OFFICER
TINNEY, LARRY EQUIPMENT OPERATOR/LANDFILL
VAN HOOREBEKE, ELMER EQUIPMENT OPERATOR/LANDFILL
VAN HOOREBEKE, JR., ELMER EQUIPMENT OPERATOR/LANDFILL
VEGA, ROBERT SPOTTER
(Note: There are currently two vacant positions that will be filled before closing on the
agreement.)
46
August 26, 2010
Consent Agenda Item No. 2h
Impact Fees Semi-Annual Report and Compliance Certification
To: Glenn Brown, City Manager
From: Bob Cowell, Director of Planning and Development Services
Agenda Caption: Presentation, possible action, and discussion Semi-Annual Report on
Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02, and consideration for a Resolution to
support and execute a Compliance Certification Letter to the Attorney General.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s): Staff recommends approval of the Resolution.
Summary: The attached Impact Fee Semi-Annual Report is provided to the City Council in
accordance with the Texas Local Government Code Chapter 395.058. In short, the City of
College Station currently has five impact fee areas where all associated utility construction
is complete. All five of the impact fees were updated by Council in accordance with State
Law in either 2008 or 2009.
The previous report showed changes in the projected densities in several of the Impact Fee
areas related to the Land Uses adopted with the Comprehensive Plan in 2009. An update to
incorporate these changes is in progress. It is expected to take a number of months in
order to give due consideration to the Water and Wastewater Master Plans currently under
development as well as a City Wide Impact Fee Study authorized by City Council in July.
The City Wide Impact Fee Study is proposed for budgeting next fiscal year. Both projects
are significant to the aforementioned update.
Additionally the Texas Local Government Code Chapter 395.082 requires an Annual
Certification Letter from the City to the Texas Attorney General by the last of day of City’s
fiscal year stating simply that the City’s impact fee program in compliance with State Law.
The Planning and Zoning Commission serves as the Impact Fee Advisory Committee per the
City of College Station Code of Ordinances Chapter 15: Impact Fees. On August 26, 2010
the Advisory Committee discussed and unanimously recommended support the Semi-Annual
Report and Compliance Certification Letter to be forwarded to City Council for consideration.
Budget & Financial Summary: N/A
Attachments:
1. 08/05/10 Impact Fee Semi-Annual Report
2. Resolution
3. Compliance Certification Letter to the Attorney General
47
1101 Texas Avenue South, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
DATE: August 5, 2010
TO: Planning and Zoning Commission
FROM: Carol Cotter, P.E., Sr. Asst. City Engineer
SUBJECT: Semi-Annual Report – Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02
The City of College Station Ordinance Chapter 15, Impact Fees, designates the
Planning and Zoning Commission as the Advisory Committee for review, advisement,
and monitoring of proposed and existing impact fees. More specifically, the advisory
committee is established to:
1. Advise and assist the City in adopting Land Use assumptions.
2. Review the Capital Improvements Plan and file written comments.
3. Monitor and evaluate implementation of the Capital Improvements Plan.
4. File semi-annual reports with respect to the progress of the Capital
Improvements Plan.
5. Advise the City Council of the need to update or revise the Land Use
Assumptions, Capital Improvements Plan, and Impact Fees.
Currently the City of College Station has five impact fees in existence of which all
associated construction is complete. All five of the impact fees underwent a 5 -Year
Update in either 2008 or 2009 (as noted below) in accordance with State Law. The
following is a current status report for each of the five impact fees (To facilitate review
data changes from previous 6 months are presented in bold font):
92-01 Sanitary Sewer ( Graham Road ) ( 508 ac. ) __ $316.07/LUE
This fee was initially implemented in 1992 at $152.18 /LUE and was revised in 1996
to $289.77/LUE after approval of updated Land use Assumptions and Capital
Improvements Plan (CIP), revised again to the $232.04/LUE in 2000 and to the
48
current amount in April of 2008. The CIP consists of three phases originally
estimated at $543,000 which have all been completed at a combined cost of
$473,518.72. Fees collected over the last 6 months are $0.00 for total amount of
$323,502.20 (per Account #250-0000-287.51-13). The remaining amount eligible
for collection is about $18,211. The total amount to be recovered through impact
fees is anticipated at 72% of original construction cost.
97-01 Sanitary Sewer ( Spring Creek – Pebble Hills) ( 2000 ac.) $98.39/LUE
This fee was implemented in December 1997 at $349.55/LUE and was revised to
the current amount in April of 2008. The CIP consists of Phase I (east of Hwy 6 )
and Phase II (west of Hwy 6 ). Phase I estimated to cost $1,000,000 was
completed in 1999 at a cost of $631,214.59. Phase II was estimated to cost
$1,350,000 and was completed at a cost of $813,752.00. The total actual cost was
$1,444,966.59. Fees collected over the last 6 months are $7,914.50 for total
amount of $547,608.14 (per Acct #251-0000-287.51-13). The remaining amount
eligible for collection is about $209,349. The total amount to be recovered through
impact fees is anticipated at 52% of original construction cost.
97-02B Sanitary Sewer ( Alum Creek – Nantucket) ( 608 ac. ) $59.42/LUE
This fee was implemented in December 1997 at 243.38/LUE and was revised to
the current amount in April of 2008. The CIP consisted of running a 15" sanitary
sewer line from the south end of the College Station Business Park westerly along
Alum Creek to the east ROW of Highway 6. The project was estimated to cost
$390,000 and was completed in 1999 at a cost of $214,270.87. Fees collected
over the last 6 months are $302.88 for total amount of $20,506.63 (per Acct #252-
0000-287.51-13). The remaining amount eligible for collection is about $182,860.
The total amount to be recovered through impact fees is anticipated at 95% of
original construction cost.
99-01 Water ( Harley )( 158 ac. ) $769.91/LUE
This fee was implemented in April 1999 at $550.00/LUE and was revised to the
current amount in April of 2008. The CIP consists of running an 18" water line south
along the east ROW of Highway 6 approximately 4800'. The line was estimated to
cost $312,000 (the impact fee is based on an 8" line @ $165,000 ). A 2400' section
of the 18" line was constructed in 1999 from the south end at a total cost of
$342,977.73. Fees collected over the last 6 months are $0.00 for total amount of
$7,767.54 (per Acct #240-0000-287.51-13). The remaining amount eligible for
collection is about $303,345. The total amount to be recovered through impact fees
is anticipated at 91% of original construction cost.
03-02 Sanitary Sewer ( Steeplechase ) ( 715 ac. ) $357.74/LUE
This fee was initially implemented in June 2003 at $300.00/LUE and was revised to
the current amount in May of 2009. This CIP was constructed in two phases of
sanitary sewer line construction in compliance with the proposed construction in the
original report establishing the fee. Phase one crossed Wellborn Road and
terminated at Old Wellborn Road consisting of 2,347 linear feet of 18 inch sewer
49
line with a construction cost of $296,642. Phase two was completed in 2006 and
continued the line along Old Wellborn Road and terminated across RPR West.
Phase two consisted of 6,281 linear feet of 12 inch line and 2,062 linear feet of 18
inch line for a construction cost of $529,088 and a land cost of $87,133. The
design cost for the combined phases was $148,023. The total actual cost was
$1,091,886 which was less than the original report estimated at $1,596,137. Fees
collected over the last 6 months are $2,700 for total amount of $28,553.32 (per Acct
#253-0000-287.51-13). The remaining amount eligible for collection is about
$761,956. The total amount to be recovered through impact fees is anticipated at
72% of original construction cost.
As part of the previous Semi-Annual Report the impact of the newly adopted
Comprehensive Land Use Plan was evaluated. As presented in the Table below,
the densities expected with the newly adopted Land Use Plan are significantly
different in several of the Impact Fee Areas. An update to incorporate these
changes is in progress. It is expected to take a number of months in order to give
due consideration to the Water and Wastewater Master Plans currently under
development as well as a City Wide Impact Fee Study authorized by City Council
in July. The City Wide Impact Fee Study is proposed for budgeting next fiscal
year. Both projects are significant to the aforementioned update.
Impact Fee Area
Effective
Buildout
LUE
Current
Impact
Fee Rate
Anticipated
Buildout
LUE
LUE
Adjustment
Remaining
Capital
Investment
to Recoup
92-01 Graham 1551 $ 316.07 1775 + 224 $ 18,000
97-01 Spring Creek 4425 $ 98.39 8384 + 3959 $209,000
97-02B Alum 3232 $ 59.42 2139 - 1093 $183,000
99-01 Harley 450 $ 769.91 440 - 10 $303,000
03-02 Steeplechase 2838 $ 357.74 7816 + 4987 $762,000
Total $1,475,000
The Texas Local Government Code Chapter 395.082 requires an annual
certification letter from the City to the Texas Attorney General stating essentially
that the City’s impact fee program is in compliance with state law. With your
direction, this Semi-Annual Report will be forwarded to City Council for their
update and the Mayor’s execution of the certification.
Attachments: Impact Fee Service Areas Map
Land Use at Adoption Map per Impact Fee Area
Current Land Use Map per Impact Fee Area
Compliance Certification Letter to Attorney General
50
51
52
53
54
55
56
COMPLIANCE CERTIFICATION LETTER
August 5, 2010
Attorney General Greg Abbott
Office of the Attorney General
PO Box 12548
Austin, TX 78711_2548
Dear Attorney General Abbott:
This statement certifies compliance with Chapter 395, Local Government Code for the City of
College Station, Texas.
Sincerely,
_______________________________
Nancy Berry
Mayor
City of College Station
57
58
COMPLIANCE CERTIFICATION LETTER
August 5, 2010
Attorney General Greg Abbott
Office of the Attorney General
PO Box 12548
Austin, TX 78711_2548
Dear Attorney General Abbott:
This statement certifies compliance with Chapter 395, Local Government Code for the City of
College Station, Texas.
Sincerely,
_______________________________
Nancy Berry
Mayor
City of College Station
59
August 26, 2010
City Council Consent Agenda Item No. 2i
Irrigation Water Use Report for July 2010
To: Glenn Brown, City Manager
From: David Schmitz, Assistant Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding the monthly
report on irrigation water use at city of College Station facilities and properties.
Relationship to Strategic Goals: Goal I.1 – Spending taxpayer money efficiently –
efficient use of water for irrigation saves taxpayer money.
Recommendation(s): Receive the report and provide directions as appropriate.
Summary: This report is presented in furtherance of goals to promote water conservation
in City operations. The report contains irrigation water usage for City facilities, park land,
and streetscape areas. Each site includes four data points: 1) total usage in FY 2009; 2)
total usage for the previous 12 months; 3) a budgeted amount for last month derived from
Texas Landscape Irrigation Auditing software; and 4) actual usage for the last month.
The end production of the irrigation water use report is now a project of PARD Staff. The
Water Services Staff is still involved in the gathering of the raw data needed for the report.
PARD Staff would like to clarify what the City Council’s intent is for this report. PARD’s
current understanding is to show current irrigation water use conservation compared to
previous years. If that is the direction of Council, PARD Staff is working on a simplified
version of this report that is not as labor intensive and cumbersome as the current one.
This new report will be put into use in October 2010 in order to coincide with the Fiscal Year
2011 Budget Cycle.
For the July 2010 report there are several factors that greatly influence the reported
numbers. This water budgeting software is a diagnostic tool used to assist with prioritizing
sites that would benefit from a full irrigation audit and scheduling recommendation process.
Note- irrigation audits take from a few hours to days depending on the size of the system.
This water budgeting software uses historical data gathered on the TAMU campus (currently
75 years) to generate an approximate amount of water for a site by month based on a
limited number of inputs. It should be noted that this software delivers a very high water
budget for each site as it is weighted toward the worst case scenario, and as stated is only a
diagnostic tool. The water budgeting software is not designed to indicate how much
irrigation water should be applied.
Budget & Financial Summary: N/A
Attachments:
1. Irrigation Water Use Report- July 2010
60
Page 1 of 4
College Station Irrigation Water Use Report July 2010
Parks and Athletic Fields
Site Name Irrigated
Acreage FY 09 Last 12 months Last month Target for
month Remarks
Anderson Park- Soccer Fields 7.30 3,979,000 2,972,000 701.0 701.8
Beachy Central Park- Soccer 5.20 5,585,000 2,820,000 344.0 499.9 Tournaments underway
Beachy Central Park- Softball 8.60 4,681,000 2,130,000 273.0 826.8 Tournaments underway
Bee Creek Park 3.70 4,307,000 3,217,000 494.0 355.7
Needs separation of
pool, buildings, and
irrigation
Castlegate Parks 4.40 7,357,000 3,730,000 470.0 429.8
College Station Business
Center 5.10 6,868,000 2,852,000 404.0 490.3
College Station Cemetery 15.80 2,463,000 1,144,000 138.0 1,519.0 May not irrigate entire
acerage at all times
Eastgate Park 0.83 167,000 231,000 16.0 79.8
Edelweiss Gartens Park 0.04 131,000 128,000 35.0 4.0
Edelweiss Park 1.07 627,000 599,000 56.0 102.9
Emerald Forest Park 0.01 42,000 45,000 2.0 0.8
J & D Miller Park 0.07 62,000 94,000 2.0 4.6
John Crompton Park 0.07 241,000 213,000 31.0 6.7
Lemontree 0.80 722,000 526,000 95.0 76.9
Lions Park 0.01 25,000 23,000 2.0 0.5
Memorial Cemetery of
College Station 16.70 5,979,000 6,946,000 153.0 1,605.5 May not irrigate entire
acerage at all times
Parkway Park 0.06 70,000 7,000 2.0 3.8
Pebble Creek Park 0.79 355,000 141,000 4.0 75.9 turf zones not
operational
Richard Carter Park 0.15 352,000 415,000 41.0 14.4
Sandstone Park 0.01 165,000 223,000 1.0 0.5
Southern Oaks Park 0.02 198,990 172,000 65.0 1.2
Southwood- Baseball- LL 4.58 2,598,000 2,331,000 271.0 440.3
Southwood- Baseball- Senior 3.90 2,945,000 2,034,000 267.0 374.9
61
Page 2 of 4
Southwood- Hallaran Pool 0.47 600,000 373,000 17.0 29.4
Southwood- Soccer- Adult 4.40 2,854,000 1,923,000 269.0 423.0
Southwood- Soccer- Youth 4.90 4,615,000 3,038,000 317.0 471.1
Steeplechase Park 0.03 199,000 222,000 9.0 2.0
University Park 0.03 383,000 430,000 35.0 2.4
Veterans Park and Athletic
Complex 45.00 26,939,000 16,602,000 2,671.0 4,326.2
Wayne Smith Baseball 3.20 2,762,000 1,939,000 373.0 307.6
Wolf Pen Creek
Amphitheater 4.90 2,763,000 2,944,000 560.0 471.1
Wolf Pen Creek Trails 2.51 2,707,000 1,798,000 201.0 241.3
Woodland Hills Park 0.28 319,000 153,000 37.0 26.7
TOTAL 94,060,990 62,415,000 8,356.0 13,916.8
62
Page 3 of 4
College Station Irrigation Water Use Report July 2010
Municipal Buildings
Facility Name Irrigated
Acreage FY 09 Last 12 months Last month Target for
month Remarks
Chimney Hill 0.50 Did not exist 25,000 13.0 48.1
City Hall 1.83 2,144,000 798,000 112.0 175.9
Economic and Community
Development 0.45 263,000 161,000 15.0 43.0
Fire Station 1 0.53 242,000 183,000 23.0 51.1
Fire Station 2
0.53 492,000 309,000 34.0 51.1 Irrigation and domestic
seperated 12/09
Fire Station 3 1.00 696,000 981,000 164.0 96.1
Fire Station 5 1.10 1,532,000 640,000 83.0 105.8
Forestry Maint Shop 0.16 283,000 145,000 15.0 15.4
Larry Ringer Library 1.63 1,702,000 680,000 88.0 171.3
Lincoln Center 0.46 868,000 459,000 122.0 44.4
Municipal Court 2.40 1,989,000 714,000 152.0 230.7
Northgate Parking Garage 0.30 149,000 238,000 33.0 29.1
Northgate Promenade 0.13 130,000 130,000 15.0 12.1
P Op- West District
Maint Shop 0.22 184,000 110,000 18.0 21.2
Police Dept-
Cy Miller Park 1.77 87,000 490,000 54.0 170.2
Public Work Center 2.11 2,174,000 820,000 76.0 202.9
Utility Customer Service 2.30 1,403,000 661,000 75.0 221.1
Utility Service Center 1.82 2,299,000 624,000 27.0 175.0 System has been off for
repairs
TOTAL 16,637,000 8,168,000 1,119.0 1,864.5
63
Page 4 of 4
College Station Irrigation Water Use Report July 2010
Irrigated Medians and Right of Way
Site Name Irrigated
Acreage FY 09 Last 12 months Last month Target for
month Remarks
Barron Rd Streetscape 0.41 Did not exist 496,000 93.0 39.4
Dartmouth medians 0.51 723,000 665,000 146.0 49.4
Dominik median @ Glen
Haven 0.01 20,000 22,000 0.0 1.0
Eagle Ave Streetscape 0.04 Did not exist 209,000 36.0 3.8
George Bush Dr E: Texas to
Dominik 0.19 565,000 165,000 12.0 18.0
Hereford & Winding median 0.01 13,000 14,000 1.0 1.2
Krenek Tap Crossing 0.05 111,000 122,000 9.0 4.6
Rock Prairie Rd medians 0.01 103,000 17,000 0.0 1.1
Tarrow St medians 0.27 531,000 208,000 25.0 26.1
Texas Av Phase I
(University to GBDE)0.25 2,081,000 764,000 96.0 24.0
Texas Av Phase II
(GBDE to FM 2818)0.50 Did not exist 914,000 438.0 48.1
Univ Drive Medians 0.05 198,000 107,000 4.0 5.1
University Dr/SH 6
Tree Planting 0.33 Did not exist 2,548,000 520.0 240.0
W.D. Fitch
medians & streetscape 1.00
1,091,000
for half of the
site
1,541,000 328.0 96.1 Stuck valve
Welcome Sign- Post Oak Mall 0.01 36,000 3,000 0.0 1.1
Welcome Sign - Hwy 6 0.01 24,000 8,000 1.0 1.1
4,405,000 7,803,000 1,709.0 560.1
64
August 26, 2010
Consent Agenda Item No. 2j
Recycling Collection Franchise
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: : Presentation, possible action, and discussion on the first reading of a
five (5) year franchise agreement with Texas Commercial Waste for the collection,
processing, and marketing of recyclable materials for an annual cost of approximately
$576,420.
Relationship to Strategic Goals: Green Sustainable City Goal.
Recommendation(s): Staff recommends approval of a five (5) year franchise agreement
with Texas Commercial Waste for the collection, processing, and marketing of recyclable
materials.
Summary: The proposed non-exclusive five (5) year franchise agreement allows for the
collection, processing and marketing services for residential recyclable materials generated
within the corporate limits of the City of College Station.
RFP #10-43 was opened on June 7, 2010 for the collection, processing, and marketing of
residential recyclable commodities. Texas Commercial Waste and Inland Service Corp. were
the only two responding firms. Staff reviewed and ranked the proposal based on the
complete response to RFP, conformance to requirements, experience, cost of service, and
revenue sharing. Based on these criteria, staff recommends awarding the franchise
agreement to Texas Commercial Waste. The term of this agreement is for a five (5) year
period to begin on October 1, 2010 and ending on September 30, 2015.
Section 120 of the City Charter states that "The City of College Station shall have the power
by ordinance to grant any franchise or right mentioned in the preceding sections hereof,
which ordinance, however, shall not be passed finally until it shall have been read at three
(3) separate regular meetings of the City Council."
Budget & Financial Summary: Currently, Texas Commercial Waste charges the City
$485,000 annually for recycling services. Under the new franchise agreement, the City will
pay an annual cost of approximately $576,240.
At present, the provision of recycling collection services and associated public education
programs accounts for $2.80 out of the $14.40 monthly sanitation fee charged to each
customer. Funding for the cost of the franchise agreement is budgeted in the Sanitation
Fund, Residential Collection Division. The recycling franchise will not require a
sanitation fee increase.
Attachments:
1. Franchise Agreement
65
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71
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93
August 26, 2010
Regular Agenda Item No. 1
Public Hearing for FY 10 - FY 11 Proposed Budget
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public hearing, presentation, possible action, and discussion on the
City of College Station 2010-2011 Proposed Budget.
Relationship to Strategic Goals: Goal I Financially Sustainable City Providing Response to
Core Services and Infrastructure
Recommendation(s): Hold public hearing on Proposed Budget and receive citizen input.
Summary: The City Charter requires that the City Council call and hold a public hearing on
the proposed budget; and that after such public hearing, the Council may insert or decrease
items so long as the total of any increases and insertions do not increase the total budget
by more than 3%.
The Proposed Budget was presented to the City Council on August 11, 2010. Four budget
workshops were scheduled to review the proposed budgets. The four workshops were held
on August 11th, August 16th, August 17th, and August 18th.
On August 11, 2010, the City Council called a public hearing on the FY 10-11 Proposed
Budget. A notice announcing the public hearing was published in accordance with City
Charter and State Law requirements.
The FY 2010-2011 Budget is scheduled to be adopted on September 13, 2010.
Budgetary and Financial Summary: The following is an overall summary of the proposed
budget.
Subtotal Operation and Maintenance: $208,147,674
Subtotal Capital: 25,233,026
Total Proposed Budget: $233,380,700
Attachments: Please bring Proposed FY 10-11 Budget.
94
August 26, 2010
Regular Agenda Item No. 2
Public Hearing and Consideration of Budget Amendment # 4
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public hearing, possible action, and discussion on an ordinance
Budget Amendment #4 amending ordinance number 3202 which will amend the
budget for the 2009-2010 Fiscal Year in the amount of $1,489,492; and
presentation, possible action and discussion on three interfund transfers in the
amount of $424,206.
Relationship to Strategic Goals: Goal I Financially Sustainable City Providing
Response to Core Services and Infrastructure
Recommendation(s): Staff recommends the City Council hold the public hearing
on Budget Amendment #4 and approve the budget amendment ordinance.
Summary: The proposed budget amendment is to increase the appropriations for
the items listed below by $1,489,492 and approve three interfund transfers. The
charter of the City of College Station provides for the City Council to amend the
annual budget in the event there are revenues available to cover increased
expenditures and after holding a public hearing on such budget amendment. A
number of items have been identified that need to be considered in a budget
amendment. Attached is a list of the items in the proposed budget amendment.
Budget & Financial Summary: The City has resources or can reasonably expect
resources to cover each of the appropriations in this budget amendment.
Appropriations in the amount of $54,000 are for park improvements. $757,254 of
this budget amendment is to provide appropriation for an Electric Debt Service
payment. $520,000 is for the Arts Council building purchase. The attached list has
the complete description of the items included in the proposed budget amendment.
Attachments:
1. Budget Amendment #4 Detail List, Budget transfer detail list
2. Ordinance
95
FY10 Budget Amendment #4 List
The proposed budget amendment is to increase the appropriations for the items listed below by
$1,489,492. When budget adjustments between Departments and/or Funds are necessary, Council
approval is required. Interfund transfers also require Council approval, the total for interfund transfers is
$424,206. Therefore, these items are included as part of this Budget Amendment documentation.
1. Stephen C. Beachy Central Park Improvements (PK1001) - $54,000 (Budget Amendment)
On May 17, 2010, Council approved an engineering contract for this project. $96,000 had been
appropriated to date, but the engineering contract and related costs are estimated to be
$150,000. This item will appropriate the additional $54,000 for the contract and related costs.
The total project budget is $930,000 and it is expected that the overall project will stay within
budget. This project was approved as part of the 2008 GOB package.
2. UPS Replacement (CO0603) - $14,222 ($7,111 in the General Government CIP Fund and
$7,111 in the Equipment Replacement Fund) (Budget Amendment & Inter-fund transfer)
Funds are allocated annually to cover the estimated cost of the replacement of the
Uninterruptable Power Supply (UPS) units and related batteries. Funds for the replacement of
these units have been set aside for this purpose in the Equipment Replacement Fund. This item
will appropriate budget in both the Equipment Replacement Fund and in the General
Government CIP Fund for unanticipated battery replacement expenses that have occurred in
FY10. The appropriation is needed in both Funds as funds will be transferred from the
Equipment Replacement Fund to the General Government CIP Fund, which is the fund out of
which the items are purchased.
3. Electric Debt Service Payment - $757,254 ($378,627 in the Electric Debt Service Fund and
$378,627 in the Utility Fund) (Budget Amendment & Inter-fund Transfer)
In FY09, $10,290,000 in Certificates of Obligation was issued for costs related to the BVSWMA
new landfill construction. With the creation of the local government corporation, the decision
was made to share the cost of the landfill between the City of College Station and the City of
Bryan ($5,145,000 for each entity). The City of Bryan has issued half of the debt needed for the
cost of the landfill construction. The portion of the debt issued by the City of College Station that
will not be used for the landfill has been applied to the Electric Utility. This debt was projected
to be needed by the Electric Utility and transfer of the debt was done in lieu of issuing this
amount of debt in FY10 for the Electric Utility. The FY10 debt service payment is $378,627. This
item will appropriate to the Electric Utility the budget needed for the debt service payment
related to the debt. These funds will be transferred to the Electric Debt Service Fund, which is
the Fund out of which the debt service payment will be made. The funds for this debt service
payment are available in the Electric Utility fund balance.
4. Chimney Hill Property Maintenance - $50,000 (Budget Amendment)
$150,000 was included in the FY10 budget for estimated costs related to the maintenance of the
Chimney Hill property, which was purchased in FY09. Several unanticipated costs have been
incurred on the property. These include approximately $70,000 for roof work on part of the
96
FY10 Budget Amendment #4 List
facility, approximately $40,000 for taxes that were paid on the property and approximately
$10,000 for irrigation work. These costs were not anticipated when developing the estimated
costs for the fiscal year. Some additional work is currently in progress on the property. This item
will appropriate the additional budget needed for the fiscal year. The funds are available in the
Convention Center Fund balance and were generated from lease revenue collected from the
current tenants.
5. Zone 4 Park Land Dedication Land Purchase - $55,548 (Budget Amendment)
On July 8, 2010, Council approved a real estate contract for the acquisition of easements related
to Phase I of the Water Reclamation project and for a future bicycle and pedestrian project. A
portion of the property located outside of the floodplain will be used for Park Land and was
purchased with Zone 4 Park Land Dedication funds. Funds for the Park Land portion of the
project are available in the Park Land Dedication Zone 4 Fund balance, but are not budgeted.
This item will appropriate the funds for this project in the Zone 4 Parkland Dedication Fund.
6. Arts Council Building Purchase - $520,000 (Budget Amendment)
This item is to appropriate budget in the General Government CIP fund for the purchase of the
Arts Council Building at 2275 Dartmouth Street. The facility is located on City-owned property
adjacent to Wolf Pen Creek Park & Amphitheater. This purchase will be funded by the issuance
of 1-year Certificates of Obligation.
7. Replacement of Police Patrol Car - $38,468 (Budget Amendment and Inter-fund Transfer)
This item is to appropriate budget in the Equipment Replacement Fund for the replacement of a
Police patrol vehicle that was totaled in a motor vehicle accident on December 17, 2009. The
City received an insurance settlement pertaining to this accident on July 1, 2010. This item
needs to be appropriated in FY10 because Ford is phasing out the department’s preferred
model, the Crown Victoria Police Interceptor, and there is a very limited amount of these
vehicles available for purchase. The total amount approved for the replacement of the vehicle is
$38,468. This amount will be transferred from the Property & Casualty Fund to the Equipment
Replacement fund for the purchase of the vehicle. Of this amount, $25,000 was recovered from
the insurance settlement from the accident and the remaining $13,468 is available in the fund
balance of the Property & Casualty Fund. Approval of the transfer of funds from the Property
Casualty Fund to the Equipment Replacement fund is included in this item.
97
8/10/2010 10:52 AM
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August 26, 2010
Regular Agenda Item No. 3
Poplar Street Parking Removal
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public hearing, presentation, possible action and discussion of an
ordinance amending Chapter 10 “Traffic Code”, to remove parking on the south side of
Poplar Street.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: Poplar Street is a 27 foot wide street that extends from Texas Avenue to
Eisenhower Street. This street width is typical for residential streets, but is insufficient in
commercial areas especially when on-street parking is heavily utilized. In recent months,
this street has become congested on with on-street parking for the adjacent businesses,
which prevents an emergency vehicle from driving down the street.
The city’s Traffic Management Team discussed this item and recommends that parking be
removed from the south side of the street. This side of the street is where the fire hydrant
is located. Additionally, it has more driveways, thus fewer places for vehicles to park on the
street.
Letters were mailed to everyone who owns property adjacent to the proposed NO PARKING
area to notify them of tonight’s public hearing.
Budget & Financial Summary: The “NO PARKING” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Map
100
101
102
Proposed Poplar Street No Parking Area
Proposed No Parking
U n i v e r s i t y D r i v e
P o p l a r S t r e e t
L i v e O a k S t r e e t
Texas Avenue
Eisenhower Street
103
August 26, 2010
Regular Agenda Item No. 4
UDO Amendment - RV PARKS
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
amendment to Chapter 12, “Unified Development Ordinance” Sections 6.2 "Types of Uses",
and 6.3 "Specific Use Standards" of the Code of Ordinances of the City of College Station,
Texas, specifically related to Recreational Vehicle (RV) Parks.
Relationship to Strategic Goals: Diverse Growing Economy
Recommendation(s): The Planning & Zoning Commission voted (3-3) on a
recommendation of denial of this item at their regular meeting on August 5, 2010, therefore
the item is coming forward without a recommendation by the Commission. The Commission
did state that two parking spaces per RV pad site would be more appropriate than the
proposed 1.25 spaces. Staff recommends approval of the amendment.
Summary: As part of the UDO Annual Review, this item was requested by a developer to
be brought forward as an amendment. The proposed amendment will allow recreational
vehicle (RV) parks as a conditional use in the A-O, Agricultural Open and C-1, General
Commercial zoning districts.
The UDO currently does not allow for RV Parks to be developed within the City limits under
any zoning designation. Currently, there is one RV Park located in the City, which is
considered a non-conforming use and is allowed to continue operating as-is, but is
prohibited from further expansion.
The conditional use process allows the Planning & Zoning Commission and the City Council
to evaluate the proposed use in relation to existing conditions and surrounding uses in the
area. It also requires that the surrounding property owners be notified of any requests for
this type use and allows them the opportunity to speak through the public hearing process
before such a use is considered.
In addition to the requirement of a Conditional Use Permit, the proposed amendment
includes specific use standards that would be required to be adhered to. These elements
include a minimum RV Park site area of 10 acres, seasonal placement of no more than 120
days in a 12-month time period, required buffering as a commercial use, minimum drive
aisle widths, and a minimum amount of recreational space.
Budget & Financial Summary: N/A
Attachments:
1. P&Z Minutes
2. Ordinance
104
July 15, 2010 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
August 5, 2010, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Mike Ashfield, Hugh Stearns,
Tom Woodfin, Doug Slack, and Paul Greer
COMMISSIONERS ABSENT: Scott Shafer
CITY COUNCIL MEMBERS PRESENT: Katy-Marie Lyles
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Lauren Hovde,
Matt Robinson, and Matthew Hilgemeier, Graduate Civil Engineer Erika Bridges, Assistant City
Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, Water Services Maintenance
Supervisor Stephen Maldonado, Chief Wastewater Plant Operator Fred Surovik, Director of
Water Services David Coleman, Planning Administrator Molly Hitchcock, Assistant Director
Lance Simms, Director Bob Cowell, First Assistant City Attorney Carla Robinson, Action
Center Representative Kerry Mullins, and Administrative Support Specialist Brittany Caldwell
1. Call meeting to order.
Chairman Nichols called the meeting to order at 7:00 p.m.
Regular Agenda
2. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Unified Development Ordinance, Sections 6.2 "Types of Uses" and 6.3 "Specific Use
Standards" related to Recreational Vehicle (RV) Parks. Case # 10-00500137 (MR)
Staff Planner Matt Robinson presented the amendment to the Unified Development
Ordinance regarding Recreational Vehicle (RV) Parks.
There was general discussion amongst the Commission regarding the amendment.
Chairman Nichols opened the public hearing.
Edsel Jones, 828 Pine Valley, College Station, Texas, stated that he owns Holiday RV
Park and the vacant property behind that and would like to expand the RV Park to the
vacant property. He said that his RV Park provides two parking spaces per unit and each
pad site is 2480 square feet. He expressed concern about the requirement that states that
there is a maximum stay of no more than 120 days in a 12-month period and said that it
would be difficult to enforce.
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July 15, 2010 P&Z Regular Meeting Minutes Page 2 of 2
Sherry Ellison, 2705 Brookway Drive, College Station, Texas, stated that the use is
intense and is not appropriate next to homes.
Chairman Nichols closed the public hearing.
There was general discussion amongst the Commission regarding the amendment and
how RV Parks are currently being used as student housing.
The Commission all agreed that a minimum of two parking spaces per recreational
vehicle pad site is more appropriate than the proposed 1.25.
Commissioner Greer commented that the requirement that each pad site be a minimum
area of 1500 square feet is fairly small.
Commissioner Stearns stated that he was concerned about developing an RV Park in A-O
Agricultural Open because of what might develop in the area.
Commissioner Greer motioned to recommend denial of the amendment.
Commissioner Slack seconded the motion, motion failed (3-3). Chairman Nichols
and Commissioners Ashfield and Woodfin were in opposition.
3. Adjourn.
Commissioner Greer motioned to adjourn the meeting. Commissioner Woodfin
seconded the motion, motion passed (6-0).
The meeting was adjourned at 9:57 p.m.
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August 26, 2010
Regular Agenda Item No. 5
UDO Amendment – Institutional Building Heights
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
amendment to Chapter 12, “Unified Development Ordinance,” Sections 5.2
“Residential Dimensional Standards” and 11.2 “Defined Terms,” of the Code of
Ordinances of the City of College Station, Texas, specifically related to allowable
heights of public, civic, and institutional structures.
Relationship to Strategic Goals: Goal I. Financially Sustainable City Providing
Response to Core Services and Infrastructure and Goal II. Neighborhood Integrity
Recommendation(s): At their meeting on August 5th, the Planning and Zoning
Commission voted (5-1) to recommend approval of the amendment. Staff also
recommended approval of the Ordinance amendment.
Summary: Section 5.2 “Residential Dimensional Standards,” of the Unified
Development Ordinance (UDO), currently limits building heights to 35 feet in most
residential and agricultural zoning districts. Because public, civic, and institutional
land uses are permitted in all zoning districts, it is not uncommon that such uses are
developed on residentially and agriculturally zoned property, restricting the overall
height of the structure to 35 feet. Public, civic, and institutional uses include
schools, churches, fire stations and similar uses.
The proposed ordinance amendment would allow public, civic, and institutional
structures at a maximum height of 50 feet in residential and agricultural zoning
districts, when set back from adjacent single-family uses, in accordance with Section
7.1.H “Height” of the UDO. Section 7.1.H.2 requires structures to be setback a
distance of two times the height of the structure from any property line adjacent to
single-family or townhome development. The amendment clarifies that this height
limitation applies to public, civic, and institutional structures in residential and
agricultural zoning districts.
The amendment does not affect structures developed in zoning districts that
currently allow taller structures if set back properly, such as in C-1 General
Commercial and R-4 Multi-Family.
Budget & Financial Summary: N/A
Attachments:
1. Background
2. Draft Planning & Zoning Commission Regular Meeting Minutes
3. Ordinance
114
A
B House
Commercial
Building
1:2 slope Building
Setback Height
C
6' fence
100'25'
50'
BACKGROUND:
7.1 General Provisions
H. Height
1. Building Height
Building height refers to the vertical distance measured from the finished grade, or
the base flood elevation where applicable, and the following points:
a. The average height level between the eaves and ridge line of a gable, hip, or
gambrel roof;
b. The highest point of a mansard roof; or
c. The highest point of the coping of a flat roof.
2. Single Family Protection
a. With the exception of NG, RDD, and P-MUD districts, no multi-family or non-
residential structure shall be located nearer to any property line adjacent to a
single-family use or townhouse development than a horizontal distance (B to
C) of twice the vertical distance (height, A to B) of the structure as illustrated
in the graphic below.
b. No additional multi-family or non-residential structures shall penetrate an
imaginary line, illustrated by the inclined plane in the graphic above,
connecting points A and C.
c. Calculation of the height limits shall be to the highest point of the structure.
Equipment such as satellite dishes and heating and air conditioning units may
be installed on top of buildings provided that they are screened from horizontal
view and included in the height limitations.
d. Unless otherwise stated in this UDO, the height limitations herein shall not
apply to any of the following:
1) Utility structures such as elevated water storage tanks and electrical
transmission lines;
2) Architectural elements such as flagpoles, belfries, cupolas, spires,
domes, monuments, chimneys, bulkheads, elevators, or chimney flues;
or any other similar structure extending above the roof of any building
where such structure does not occupy more than 33 percent of the area
of the roof; or
3) Residential radio/television receiving antennas.
115
August 5, 2010 P&Z Regular Meeting Minutes Page 1 of 1
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
August 5, 2010, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
Regular Agenda
2. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Unified Development Ordinance, Sections 5.2 "Residential Dimensional Standards"
and 11.2 "Defined Terms" related to allowable heights of public, civic, and institutional
structures. Case # 10-00500134 (JP)
Senior Planner Jennifer Prochazka presented the amendment to the Unified Development
Ordinance regarding allowable heights of public, civic, and institutional structures.
There was general discussion amongst the Commission regarding the amendment.
Chairman Nichols opened the public hearing.
No one spoke during the public hearing.
Chairman Nichols closed the public hearing.
Commissioner Greer motioned to recommend approval of the amendment.
Commissioner Ashfield seconded the motion, motion passed (5-1). Commissioner
Stearns was in opposition.
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August 26, 2010
Regular Agenda Item No. 6
Consider Ordinance Issuing of Certificates of Obligation
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion to approve an ordinance
by the City Council of the City of College Station, Texas, issuing $3,900,000 City of College
Station Certificates of Obligation, Series 2010.
Relationship to Strategic Goals: Goal I Financially Sustainable City Providing Response to
Core Services and Infrastructure
Recommendation(s): Council move to approve the attached ordinance to issue
certificates of obligation.
Summary: The City Council is authorized to approve the issuance of certificates of
obligation (COs) after approving a resolution directing notice to be published of the intent to
issue the COs. On July 8, 2010, Council approved a resolution directing staff to advertise
the issuance of COs. On July 23rd and 30th such notice was published.
The City of College Station typically issues debt to fund various capital projects identified
and approved as a part of the annual budget. The City primarily uses three types of debt
instruments to fulfill those requirements:
1. General Obligation Bonds (GOBs) are based on the full faith and credit of the City
and are paid primarily through the debt service portion of the ad valorem tax
rate. GOBs are authorized by the voters and therefore the notice is provided in
the election process.
2. Utility Revenue Bonds (URBs) are backed by the revenues of the City's various
utilities and are issued as a business activity. These are typically only issued for
utility capital projects.
3. Certificates of Obligation (COs) normally include at least one additional revenue
stream such as utility revenues, but are considered to be much like GOBs and
therefore normally receive a rating similar to GOBs. Our policy for issuing CO's
allows more flexibility in their issue than GOBs, particularly when other revenues
are anticipated to assist in debt service.
It is at the recommendation of the City’s Financial Advisor, Mr. Drew Masterson, that the
City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds.
This particular issue will provide resources for technology projects, the purchase of the Arts
Council building, and electric and wastewater improvements, and debt issuance costs
totaling $3,900,000.
Budget & Financial Summary: Staff reviewed the impact of the Certificates on the City's
ability to meet debt service requirements and the effect they may have on the ad valorem
tax rate and utility rates. The recommendation to move forward with this issue will not
affect the ad valorem tax rate or the utility rates.
Attachments:
1. Debt Issuance 2010
2. Ordinance available in City Secretary's Office
121
2010 Draft Debt Issue
2003 General Obligation Bonds
Streets
1,080,000$ Oversize Participation (Holleman Ext)ST0519 20 Yrs
Streets Total 1,080,000$
2003 GOB Total 1,080,000$
2008 General Obligation Bonds
Streets
2,185,000$ Victoria Avenue ST0903 20 Yrs
875,000 Hike and Bike Trail Completion ST0904 20 Yrs
400,000 Jones Butler (Penberthy) Extension ST0905 20 Yrs
6,925,000 Barron Road Widening Phase II ST1026 20 Yrs
1,000,000 Royder Rd Improvements (Barron authorization)TBD 20 Yrs
60,000 Rock Prairie Rd West ROW ST1025 20 Yrs
Streets Total 11,445,000$
Parks
720,000$ Skate Park PK0911 20 Yrs
150,000 Central Park Improvements PK1001 20 Yrs
Parks Total 870,000$
General Government
6,240,000$ Fire Station #6 GG090320 Yrs
General Govt Total 6,240,000$
2008 GOB Total 18,555,000$
GOB Total 19,635,000$
Certificates of Obligation
General Government
150,000 Server Consolidation CO09017 Yrs
260,000 Fiber Optic Infrastructure CO09027 Yrs
General Govt Total 410,000$
Governmental - Other
520,000 ACBV Building 1 Yr
520,000$
Governmental CO Subtotal 930,000$
8/17/2010 13:02
122
Certificates of Obligation
Electric Projects 2,530,000$ 20 Yrs
Water Projects -$ 20 Yrs
Wastewater Projects 300,000$
Utility CO Subtotal 2,830,000$ 20 Yrs
Estimated Debt Issuance Costs 140,000$
Certificates of Obligation Total 3,900,000$
Total Debt Issue 23,535,000$
123
August 26, 2010
Regular Agenda Item No. 7
Consider Ordinance Issuing General Obligation Bonds
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to approve an ordinance
by the City Council of the City of College Station, Texas, issuing $19,635,000 City of College
Station General Obligation Bonds, Series 2010.
Relationship to Strategic Goals: Goal I Financially Sustainable City Providing Response to
Core Services and Infrastructure
Recommendation(s): Council move to approve the attached ordinance issuing
general obligation bonds.
Summary: The City Council is authorized to approve the issuance of general obligation
bonds which have been authorized by a vote of the citizens. The Citizens approved a total
of $38,405,000 on November 4, 2003 and $76,950,000 on November 4, 2008. By
approving the ordinance, the Council will issue a total of $1,080,000 from the 2003
authorization and $18,555,000 from the 2008 authorization. This is the seventh bond sale
from the 2003 bond authorization and the second from the 2008 bond authorization.
The City of College Station typically issues debt to fund various capital projects identified
and approved as a part of the annual budget. The City primarily uses three types of debt
instruments to fulfill those requirements:
1. General Obligation Bonds (GOBs) are based on the full faith and credit of the City
and are paid primarily through the debt service portion of the ad valorem tax
rate. GOBs are authorized by the voters and therefore the notice is provided in
the election process.
2. Utility Revenue Bonds (URBs) are backed by the revenues of the City's various
utilities and are issued as a business activity. These are typically only issued for
utility capital projects.
3. Certificates of Obligation (COs) normally include at least one additional revenue
stream such as utility revenues, but are considered to be much like GOBs and
therefore normally receive a rating similar to GOBs. Our policy for issuing CO's
allows more flexibility in their issue than GOBs, particularly when other revenues
are anticipated to assist in debt service.
This particular debt issue is planned to provide resources for street projects, hike and bike
trails, and parks and park facilities improvements and the construction of fire station #6
totaling $19,635,000.
Budget & Financial Summary: Staff reviewed the impact of the general obligation bonds
City's ability to meet debt service requirements and the effect they may have on the ad
valorem tax rate. The recommendation to move forward with this issue will not impact the
ad valorem tax rate.
Attachments:
1. Debt Issuance 2010
2. Ordinance available in City Secretary's Office.
124
2010 Draft Debt Issue
2003 General Obligation Bonds
Streets
1,080,000$ Oversize Participation (Holleman Ext)ST0519 20 Yrs
Streets Total 1,080,000$
2003 GOB Total 1,080,000$
2008 General Obligation Bonds
Streets
2,185,000$ Victoria Avenue ST0903 20 Yrs
875,000 Hike and Bike Trail Completion ST0904 20 Yrs
400,000 Jones Butler (Penberthy) Extension ST0905 20 Yrs
6,925,000 Barron Road Widening Phase II ST1026 20 Yrs
1,000,000 Royder Rd Improvements (Barron authorization)TBD 20 Yrs
60,000 Rock Prairie Rd West ROW ST1025 20 Yrs
Streets Total 11,445,000$
Parks
720,000$ Skate Park PK0911 20 Yrs
150,000 Central Park Improvements PK1001 20 Yrs
Parks Total 870,000$
General Government
6,240,000$ Fire Station #6 GG090320 Yrs
General Govt Total 6,240,000$
2008 GOB Total 18,555,000$
GOB Total 19,635,000$
Certificates of Obligation
General Government
150,000 Server Consolidation CO09017 Yrs
260,000 Fiber Optic Infrastructure CO09027 Yrs
General Govt Total 410,000$
Governmental - Other
520,000 ACBV Building 1 Yr
520,000$
Governmental CO Subtotal 930,000$
8/17/2010 13:02
125
Certificates of Obligation
Electric Projects 2,530,000$ 20 Yrs
Water Projects -$ 20 Yrs
Wastewater Projects 300,000$
Utility CO Subtotal 2,830,000$ 20 Yrs
Estimated Debt Issuance Costs 140,000$
Certificates of Obligation Total 3,900,000$
Total Debt Issue 23,535,000$
126
August 26, 2010
Regular Agenda Item No. 8
Appointment of Citizens to Various Boards and Committees
To: Glenn Brown, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding selection of
applicants to various Citizen Boards and Committees.
CITIZEN MEMBERSHIP
Bicycle, Pedestrian and Greenways Advisory Board
Cemetery Committee
Construction Board of Adjustments and Appeals
Design Review Board
Historic Preservation Committee
Landmark Commission
Medical Corridor Citizen Advisory Committee
Parks and Recreation Board
Planning and Zoning Commission
Zoning Board of Adjustments
Attachments:
Notebook of Citizen Committee applications provided prior to meeting.
127