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HomeMy WebLinkAbout09/09/2010 - Regular Agenda Packet - City CouncilTable of Contents Agenda 3 Item 2a - Minutes July 7, 2010 Minutes 7 July 13, 2010 Minutes 8 August 11, 2010 Minutes 10 August 26, 2010 Workshop Minutes 11 August 26, 2010 Regular Minutes 17 Item 2b - Audit Services Coversheet revised 24 Renewal 25 Item 2c - BVSWMA Purchase. Coversheet revised 28 Quote 29 Item 2d - Approval of a Contract Amendment for the Mayor’s Council on Physical Fitness Grant Contract Coversheet revised 30 1 - DSHS Amendment C for signature 31 Item 2e - Texas A&M University Systems Easement Renewal Coversheet revised 34 Vicinity Map 35 tamu easements 1 aerial electric & underground water 36 tamu easements 2 underground traffic control 44 Item 2f - Contract Renewal w/ Envirosolve Coversheet revised 52 Renewal Letter 53 Item 2g - Fire Department Fees Update Coversheet revised 58 Ordinance 60 Resolution 63 Item 2h - Loading Zones on Cherry Street and Cross Street Coversheet revised 67 Ordinance 68 Map 72 Item 2i - Recycling Collection Franchise Coversheet revised 73 Franchise Agreement 74 Item 2j - Northgate Park Project Real Estate Contract – 502 Boyett Street Coversheet revised 102 Project Map 103 Item 2k - Right-of-way Maintenance Ordinance Coversheet revised 104 Ordinance 105 1 No. 1 - Multifamily/Commercial Recycling Franchise Coversheet revised 107 Franchise agreement 108 No. 2 - Plumbing Code Amendment Coversheet revised 126 Ordinance 127 No. 3 - UDO Amendment for School Facilities Coversheet revised 129 Proposed standards 131 P&Z minutes 132 Ordinance 134 No. 4 - UDO Amendment for Taxi Services as a Home Occupation Coversheet revised 144 P&Z Minutes 145 Ordinance 146 No. 5 - Luther Street Rezoning Coversheet revised 148 Background 150 Minutes 152 Ordinance 154 No. 6 - Public Hearing on “Leash Free” Dog Activities at Lick Creek Park Coversheet revised 157 1 - Advisory Board Minutes 6 15 10 158 No. 7 - FM 2818 Hike & Bike Trail Phase II Coversheet revised 159 Location Map 1 160 Location Map 2 161 No. 8 - First Council Meeting in November Coversheet revised 162 No. 9 - Appointment of Citizens to Various Boards and Committees Coversheet revised 163 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, September 09, 2010 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion of minutes for July 7, 2010, July 13, 2010, August 11, 2010, and August 26, 2010 Workshop and Regular Meetings. b. Presentation, possible action, and discussion on a letter agreement for year 2 of the Professional Auditing Services engagement with Ingram, Wallis & Co., P.C. for the fiscal year ending September 30, 2010 with expenditures totaling $82,000 from the City of College Station and $16,500 from BVSWMA. c. Presentation, possible action, and discussion on the purchase of a John Deere Tractor Mower from Coufal- Prater Equipment to be used by the Brazos Valley Solid Waste Management Agency in the amount of $59,634.40. 3 City Council Regular Meeting Page 2 Thursday, September 9, 2010 d. Presentation, possible action, and discussion on an amendment to the contract with the Texas Department of State Health Services for the Mayor’s Council on Physical Fitness Grant Contract. e. Presentation, possible action, and discussion regarding the authorization for the Mayor to execute the renewal of two utility easements located on the Texas A&M University System Property. f. Presentation, possible action, and discussion regarding renewal of contract #08-084 with Envirosolve and the City of College Station and City of Bryan to provide Household Hazardous Waste collection services in an amount not to exceed $229,510.00. g. Presentation, possible action, and discussion to amend Chapter 14, Section 3 of the Code of Ordinances of the City of College Station and to adopt a resolution increasing Emergency Medical Services (EMS) fees as set forth in Chapter 14, Sections 1 and 3 of the Code of Ordinances of the City of College Station. h. Presentation, possible action and discussion of an ordinance amending Chapter 10 “Traffic Code”, to add Section I. “Thirty Minute Parking” for the implementation of Loading Zones on a 50 foot section of Cherry Street and Cross Street to allow vehicles to be parked for up to 30 minutes while the vehicle is loaded or unloaded. i. Presentation, possible action, and discussion on the second 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. j. Presentation, possible action, and discussion regarding approval of a real estate contract in the amount of $265,000 between the City of College Station (Buyer) and Debra Lynn Boyett (Seller) for the purchase of Lot One (1), Block Eighteen (18), W. C. Boyett Estate Partition, also known as 502 Boyett Street. k. Presentation, possible action, and discussion of an ordinance amending Chapter 3, “Building Regulations”, Section 2, “Right-Of-Way Maintenance”, of the Code of Ordinances. Regular Agenda Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will recognize you to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided 4 City Council Regular Meeting Page 3 Thursday, September 9, 2010 in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 1. Presentation, possible action, and discussion on the first reading of a franchise agreement with Professional Trash Valet, LLC dba Brazos Valley Trash Valet & Recycling for the collection of recyclable commodities from multifamily apartments and commercial businesses. 2. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 3, “Building Regulations”, Section 6.E., “Amendments to the 2009 International Plumbing Code”, of the Code of Ordinances of the City of College Station, Texas, regarding a solids interceptor for food service facilities. 3. Public hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 “Unified Development Ordinance,” Article 3 “Development Review Procedures,” Article 6 “Use Regulations,” Article 7 “General Development Standards,” and Article 11 “Definitions,” of the College Station Code of Ordinances, specifically related to school facilities. 4. Public hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 “Unified Development Ordinance,” Section 6.4 “Home Occupations” and Section 11.2 “Defined Terms” of the College Station Code of Ordinances, specifically related to taxicab services. 5. 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, Texas, specifically rezoning 5.10 acres from M-1 Light Industrial to R-4 Multi-Family for 100 Luther Street West, generally located southeast of the intersection of Luther Street West and Marion Pugh Drive. 6. Public hearing, presentation, possible action, and discussion regarding “Leash Free” Dog Activities at Lick Creek Park as requested by the City Council on June 24, 2010. 7. Public hearing, presentation, possible action, and discussion concerning Phase II of the Hike and Bike Trail project along FM 2818 continuing from Welsh Avenue to the Campus Village trail and through Southwest Park. 8. Presentation, possible action, and discussion regarding rescheduling the first City Council meeting in November. 9. Presentation, possible action, and discussion regarding selection of applicants to various Citizen Boards and Committees. 10. Adjourn. If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: ________________________________ City Manager 5 City Council Regular Meeting Page 4 Thursday, September 9, 2010 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, September 09, 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 3rd day of September, 2010 at 5:00 p.m. ________________________________ City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on September 3, 2010 at 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: __________________________ by ________________________. Dated this _____day of ________________, 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 Mayor Pro Tem Jess Fields John Crompton Dennis Maloney City Manager Katy-Marie Lyles Glenn Brown Dave Ruesink Minutes City Council Special Meeting Wednesday, July 7, 2010 at 1:00 pm College Station Conference Center 1300 George Bush Drive College Station, Texas Special Item No. 1 -- Call to Order. Mayor Berry called meeting to order at 1:00 p.m. Special Item No. 2 -- 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: City Secretary Special Item No. 3 -- Action on executive session. No formal action was taken. Special Item No. 4 -- Adjourn. Hearing no objections, Mayor Berry concluded Special Meeting at 4:30 pm. PASSED AND APPROVED this September 9, 2010 ATTEST: _____________________________ City Secretary APPROVED: ______________________________ Mayor Nancy Berry 7 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. 8 Page | 2 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 September 9, 2010 ATTEST: _____________________________ Deputy City Secretary APPROVED: ______________________________ Mayor Nancy Berry 9 Mayor Nancy Berry Mayor Pro Tem John Crompton City Manager Glenn Brown Councilmembers James Massey Dennis Maloney Katy-Marie Lyles Dave Ruesink Minutes City Council Special (Budget) Meeting Wednesday, August 11, 2010 at 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1. Call to order. Mayor Berry called the meeting to order at 3:00 p.m. 2. Presentation, possible action and discussion on the FY 2010-2011 Proposed Budget. Jeff Kersten, Chief Financial Officer presented Council an overview of the FY 2010- 2011 Proposed Budget. 3. Presentation, possible action and discussion on calling a public hearing on the City of College Station 2010-2011 Proposed Budget for Thursday, August 26, 2010. Jeff Kersten, Chief Financil Officer recommended to Council to call a public hearing on the City of College Station 2010-2011 Proposed Budget for Thursday, August 26, 2010. Council member Maloney moved to call a public hearing on Thursday, August 26, 2010 for the 2010-2011 Proposed Budget. Council member Lyles seconded the motion, which carried 5-0. FOR: Mayor Berry, Mayor Protem Crompton, Maloney, Lyles and Ruesink. AGAINST: None ABSENT: Council member Fields 4. Adjourn. Hearing no objections, Mayor Berry concluded Special Meeting at 5:15 pm PASSED AND APPROVED this September 9, 2010 ATTEST: _____________________________ City Secretary APPROVED: ______________________________ Mayor Nancy Berry 10 Wkshp082610 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION AUGUST 26, 2010 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Dave Ruesink City Staff: Glenn Brown, City Manager David Neeley, Assistant City Manager Harvey Cargill, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Clerk Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Nancy Berry at 2:05 p.m. on Thursday, August 26, 2010 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Presentation, possible action, and discussion on items listed on the consent agenda. Items 2c and 2f were pulled from the Consent Agenda. 2c. Jeff Kersten, Chief Financial Officer, explained the interest and fees in the proposed depository contract. 2f. Mayor Berry moved the discussion on this item to the Regular meeting at 7:00 p.m. 2. Presentation, possible action, and discussion regarding the formation of a BVSWMA Inc.; a new Local Government Corporation for solid waste disposal. Wkshp082610 Minutes Page 2 Mark Smith, Director of Public Works, provided the historical perspective regarding the mediation process between Bryan and College Station which ultimately led to an Interlocal Cooperative Agreement. Each city would provide input in the budgeting process, and the board would have seven members. Three members are appointed by each city, and the seventh member was agreed upon by the other six members. A tri-party Operations Agreement between the two cities and BVSWMA was approved in May/June. The Borrowed Employee Agreement is to be considered tonight. This document covers College Station employees used to operate the landfill operation, and sets out the framework; employees will remain College Station employees and report to College Station supervisors and will be paid by College Station. BVSWMA will reimburse College Station. The Executive Director will interact with employees through a College Station representative. College Station will retain disciplinary processes as well. Employees will retain College Station benefits such as TMRS. Through attrition, all employees will eventually become BVSWMA employees, but no hard date has been set for the purpose of protecting the benefits of those employees. A joint meeting is scheduled for September 13, and the following items are needed for closing: 1) an operations agreement, including assignments and assumptions of contracts and payables; 2) a borrowed employee agreement; 3) a bill of sale for capital items to be transferred; 4) a special warranty deed for real property; 5) the agency must open a depository account; 6) transfer of TCEQ permits; and 7) a final settlement agreement and release (Bryan/College Station lawsuit would be dismissed). Related issues include the Twin Oaks opening, gas to energy and carbon credits, and the Rock Prairie landfill closure. A tour will be available on September 13. 3. Presentation, possible action and discussion on the Cost Analysis of Responses to Residential Recycling Franchise RFP #10-43. Pete Caler, Assistant Director of Public Works, reported that the current recycling program had a five year agreement that expires this September. Staff prepared an RFP that was advertised nationally and only received two proposals. Curbside recycling has been in place since 1991 with a participation rate of 65% - 70%. 1,064 tons of recyclables were collected last year. Texas Commercial Waste is proposing source separated collections at $2.40 per home and 100% return in commodities. They will continue to collect the items currently being collected and would add phone books. There is a $0.30 increase, but there is enough in our reserves to cover the additional cost. The pros for this proposal are a significantly lower cost, no present rate increase, and an established relationship. The con is this is a less convenient collection system. Inland Service Corporation proposed single stream collection at $4.27 per home and a zero percent return in commodities. They also provide radio frequency identification participation tracking. This proposal has a $1.83 increase over the TCW proposal, and there is not enough in reserves to cover the additional cost. Pros include a very convenient collection system and additional materials are accepted. Cons include high cost and the need for a transition plan. Wkshp082610 Minutes Page 3 Staff recommends awarding the contract to Texas Commercial Waste since there is no rate increase, continuation of a long lasting relationship, and being the lowest cost proposal. They also recommend investigating a future partnership with BVCOG, BVSWMA, and the City of Bryan for single stream recycling. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to approve a five-year Franchise Agreement with Texas Commercial Waste. The motion carried unanimously. 4. 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. David Gwin, Director of Economic and Community Development, reported the College Main parking garage is currently outfitted with a controlled access system. It is over ten years old, component repairs consume limited staff resources, and complete equipment replacement is required. New equipment will improve customer service and garage efficiency. Some elements will increase garage safety. The proposed contract has five elements: 1) proposed operational functions; 2) equipment upgrades; 3) new amenities, 4) contract information; and 5) an implementation schedule. Operational functions will essentially remain the same: maintain controlled ingress and egress, and have distinct “peak” and “off-peak” operating periods (8pm – 3am Thu, Fr, Sat nights; a nightly flat rate system; full automatic pay stations and window cashiers; two additional credit card pay stations) (non-peak times include all other times and maintains the existing hourly rate systems). The unreserved contract parking currently has a disjointed system, but the new system will integrate all systems. Equipment upgrades will include two new fully automatic pay stations, two new credit card pay kiosks, a ZipPark wireless event management system, new access control equipment, and new revenue control equipment. New amenities will provide ZipPark for peak time/game day/special events and the ability to pre- sell parking online in the future. This is a large contract with a total contract amount of $345,353. The new annual service agreement will cost $29,293 in the first year; $43,991 in the second year; and $45,091 in the third year. The implementation schedule is 15 weeks from start to finish: six weeks for engineering and assembly and eight - nine weeks for on-site installation, staging and training. The marketing campaign provides enhanced advertising for the Northgate parking assets coinciding with the garage renovation; works with merchants to raise awareness; prepares an in- house marketing campaign (Channel 19, CSTX Facebook/Twitter/etc.); and secures print and social media advertising; e.g. The Battalion. Wkshp082610 Minutes Page 4 5. Presentation, possible action, and discussion regarding resolutions to be considered by the Texas Municipal League. Hayden Migl, Assistant to the City Manager, reported that we currently have a transportation funding resolution being forwarded to TML. He noted any additional resolutions need to be approved at the first Council meeting in September. Councilmember Maloney proposed the following for consideration: support of Tax Infrastructure Investment Zones; support the imposition of a gas tax for road projects in that taxing entity; and support the collection of a sales tax on new and used car sales dedicated to infrastructure/road projects in the city. Council consensus was to take these forward. 6. Council Calendar August 31 Community Impact Awards Luncheon at Briarcrest Country Club at 11:45 a.m. September 2 Planning & Zoning Meeting in Council Chambers at 6:00 p.m. September 6 City Offices Closed - HOLIDAY September 9 Council Workshop/Regular Meeting in Council Chamber at 3:00 & 7:00 p.m. November 11 Dedication of the Korean War Memorial on the Lynn Stuart Pathway, Veterans Park, 4:00 p.m. November 11 Reading of the Names at the Veterans Memorial, Adams Plaza, Veterans Park, 6:00 p.m. November 11 Memorial Day Ceremony at the American Pavilion, Veterans Park, 7:00 p.m. Council was asked to look at calendars to see if they wish to re-schedule the November 11 Regular Council meeting. 7. Presentation, possible action, and discussion on future agenda items: a Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Crompton requested a workshop item on outsourcing parking operations and a review of power supply issues. He also requested appointing a panel of experts for an overview of the electric utility Councilmember Lyles requested information on the status of texting while driving. Mr. Brown reported it was scheduled for an upcoming workshop. Councilmember Fields requested an item on wind options. Councilmember Maloney requested items related to City-initiated zoning of C1 for: from Texas along Highway 30 to Highway 6; Highway 60 from 2818 on the north and south sides; and Wkshp082610 Minutes Page 5 discussion on a next generation business park south of town (possible partnership with City of Navasota). 8. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, BVSWMA, BVWACS. Cemetery Committee, Code Review Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Mayor’s Council on Physical Fitness, Metropolitan Planning Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Signature Event Task Force, Sister City Association, TAMU Student Senate, Texas Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Ruesink reported on the CVB meeting he attended yesterday. Two new staff will come on in September, and they are looking at restructuring personnel. The CVB is looking at new businesses working with the Biomedical corridor and a regional fair drawing state and national shows. They are also looking at ways A&M and the CVB can work together on the use of facilities for major enterprises coming to College Station, sporting venues in particular. 9. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.074-Personnel, and §551.087-Deliberation Regarding Economic Development Negotiation, the College Station City Council convened into Executive Session at 4:25 p.m. on Thursday, August 26, 2010 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation regarding: City of Bryan’s application with TCEQ for water and sewer permits in Westside/Highway 60 area, near Brushy Water Supply Corporation to decertify City of College Station and certify City of Bryan. 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. Water CCN/2002 Annexation/Wellborn Water Supply Corporation. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben White. Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et al Clancey v. College Station, Glenn Brown, and Kathy Merrill. B. Consultation with Attorney to see legal advice regarding: Discussion of Legal Issues; to wit: Wellborn Incorporation Request. Wkshp082610 Minutes Page 6 Contemplated litigation. Legal remedies available to abate weeds, rubbish, brush and other unsanitary matter from a lot in the College Hills residential area. Legal issues of purchase and lease back to Arts Council. Legal issues related to the Café Eccell lease. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager. Council Self-Evaluation. Planning and Zoning Commission. Zoning Board of Adjustments. Parks and Recreation Board. D. Deliberation on officer of possible incentives to entities considering locating, staying, or expanding in the College Station community; to wit: Pharmaceutical Prospect for Bio-Corridor. The Executive Session adjourned at 6:55 p.m. on Thursday, August 26, 2010. 10. Reconvene and Consider Action on Items Discussed During Executive Session. Action on Executive Session or any workshop item not completed or discussed in the workshop meeting may be discussed in the following Regular Meeting, if necessary. 11. Adjournment MOTION: There being no objection, Mayor Berry adjourned the workshop of the College Station City Council at 6:55 p.m. on Thursday, August 26, 2010. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM082610 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION AUGUST 26, 2010 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Dave Ruesink City Staff: Glenn Brown, City Manager David Neeley, Assistant City Manager Harvey Cargill, City Attorney Sherry Mashburn, City Clerk Tanya McNutt, Deputy City Clerk Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:06 p.m. on Thursday, August 26, 2010 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledge of Allegiance, Invocation, consider absence request. Introduction of H.E.B. Tower Point Market Store Leadership Team. Presentation of a proclamation recognizing September 3, 2010 as College Colors Day a Texas A&M University. Citizen Comments Dr. Jorge Vanegas, dean of the Department of Architecture, stated that for 105 years the Architecture department has been an integral part of A&M University. They want to also be a part of the community and give to the community. They have many specialists, such as urban design specialists, landscape specialists, etc. They want to increase the quality of life for people. RM082610 Minutes Page 2 In times when resources are scarce, the City should realize it has a partner with the Department of Architecture. They wish to formalize this partnership by initiating a di alog to see where this takes us. CONSENT AGENDA 2a. Presentation, possible action, and discussion regarding minutes for July 13, 2010 Special Meeting and July 22,20 10 Workshop and Regular Meetings. 2b. 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. Presentacion, posible acci6n y discusion acerca la resolution que enrnienda 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 Notificacibn de Elecciones especiales que se celebrarhn el dia martes 2 de noviembre de 201 0. 2c. 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. 2d. 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. 2e. Presentation, possible action, and discussion regarding a payment to the Amateur Softball Association (ASA) for assessment fees for the 2010 USAIASA 16U Class National Softball Tournament in the amount of $64,000. 2f. 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, 20 10 meeting. 2g. 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. 2h. 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. 2i. Presentation, possible action, and discussion regarding the monthly report on irrigation water use at city of College Station facilities and properties. 2j. Presentation, possible action, and discussion on the fxst 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. RM082610 Minutes Page 3 Item 2f was pulled from the Consent Agenda. Jessica Townsend, 1708 Treehouse Trail, agrees with making K2, Salvia and Spice illegal. Salvia, a K2 related drug, and K2 may become addictive. Some symptoms are loss of coordination and experiencing multiple realities. If someone gets into a car with these symptoms, then accidents could occur. Also, if there is a known risk, then that speaks for itself. People who consume these will most likely mix them with other illegal drugs. K2 and other related drugs must be banned because we care about the safety of our town. Phillip King, 4201 Boyette, Bryan, read an excerpt from a Material Safety Data Sheet about acetic acid (diluted substance like vinegar) and noted there are dangerous substances all around us. He has personally used K2 and has not experienced any adverse reactions. Many who use it to relax do not inhale via pipes but use incense burners. To apply the same logic, we should ban vinegar based on the MSDS and we should ban red wine because people might become alcoholics. There has been no controlled medical study about K2. The most common phrase attached to any information on the internet is “lack of research”. It is available only in retail stores and is only sold to those over the age of 18. If K2 is removed from the stores, then it will be sold on the street, and street drugs are sold to children. Mike Howell, 3766 Mancuso, Bryan, read a drug alert watch based upon source materials that have not been researched regarding potential hazards. Some say K2 is more potent than marijuana. This may be a good thing because those who smoke both will stop smoking the illegal drug and turn to K2. Sale should be restricted to those 18 years or older. He does want an age restriction on it. Brenna McGruder, 1001 Harvey, stated that fear is a powerful catalyst. She has a Bachelor of Science in Micro Biology and has read and understood a portion of the research of the compounds in K2. She has seen no scientific evidence of any harmful effects brought on by these compounds. The only evidence presented is anecdotal, which is biased. Savvy business owners would not sell a product that would harm customers. By banning this product the City is saying she cannot make an adult decision. Maury Jackson, 301 Church Street, said whether or not this is good or bad for our health, if the City bans K2, it will create an underground market. It is better if it is regulated. He would rather law enforcement focus on real crimes and real things that do impact society. There is no scientific research suggesting harmful effects, and he reiterated that everything has its downsides or bad effects. MOTION: Upon a motion made by Councilmember Crompton and a second by Mayor Berry, the City Council voted six (6) for and none (0) opposed, with Councilmember Maloney abstaining from 2g, to approve the Consent Agenda, less item 2f. The motion carried. (2f)MOTION: Upon a motion made and seconded, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields voting against, to ban the possession and use of illegal smoking products and ingestion devices. The motion carried. RM082610 Minutes Page 4 REGULAR AGENDA 1. Public hearing, presentation, possible action, and discussion on the City of College Station 2010-2011 Proposed Budget. At approximately 8:03 p.m. Mayor Berry opened the Public Hearing. Warren Finch, 700 Dover Drive, President of the Bush Presidential Museum, came before the Council to request $50,000 from the HOT tax for advertising and promotion of the museum. 59,000 visitors come from a radius of 100 miles or more. 73,000 visitors come from the local area. They are asking for less than 1.5% of the HOT tax revenue. They are competing with cities like Austin, Dallas and Las Vegas, and they need the HOT tax to promote College Station. They do work closely with the CVB. We are one of few communities that have a presidential library. This is a marquee tourist location and brings prestige to College Station. Judy LeUnes, 1356 S. Oaks, on behalf of the Brazos Animal Shelter, invited the Council to the Weiner Fest kickoff fundraiser for the new building. She thanked the City for its support. Bob Strawser, 124 State Highway 6, Bryan, stated the Animal Shelter is a private organization that provides a service for three entities, Bryan, College Station, and the county, and all they are requesting is a reimbursement of those costs. The formula for arriving at the number is derived by taking the total expenses, subtracting the revenue from the sale of tags, and dividing that number by the number of animals they have housed. There being no further comments, the Public Hearing was closed at 8:32 p.m. 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. At approximately 8:37 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:37 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, to adopt 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 approving three interfund transfers in the amount of $424,206. The motion carried unanimously. 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. At approximately 8:39 p.m. Mayor Berry opened the Public Hearing. RM082610 Minutes Page 5 There being no comments, the Public Hearing was closed at 8:40 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to adopt an ordinance amending Chapter 10 "Traffic Code", to remove parking on the south side of Poplar Street . The motion carried unanimously. 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, specifical ly related to Recreational Vehicle (RV) Parks. At approximately 8:55 p.m. Mayor Berry opened the Public Hearing. Sherry Ellison, 2705 Brookway Drive, stated her concern with the general AO category that exists between single family neighborhoods, and this is not a good use between two single family neighborhoods. RVs are home-sized things that can be parked permanently. We are talking about something that can be allowed to be there for four months, and unless someone complains, it may be even longer. Actually there is a possibility this could become a permanent situation and may be passed down from one student to another. 60% of the park is for student living quarters. Don Jones, 804 Berry Creek, presented photos of the park property to show the ulti mate appearance of an RV park if you take care of it. On football weekends they have a dozen motor homes or RVs that each cost more than a home at Pebble Creek. There being no further comments, the Public Hearing was closed at 9:16 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted five (5) for and none (0) opposed, with Councilmember Maloney voting against, to adopt 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, conditioned on two parking spaces per pad site. The motion carried. 5. Public hearing, presentation, possible action, and discussion on an amendment to Chapter 12, "Unified Development Ordinance," Sections 5.2 "Residential Dimensional Standards" and 1 1.2 "Defined Terms," of the Code of Ordinances of the City of College Station, Tex as, specifically related to allowable heights of public, civic, and institutional structures. At approximately 9:25 p.m. Mayor Berry opened the Public Hearing. Sherry Ellison, 2705 Brook Way Drive, stated that the way this is calculated bothers her. Wit hin the length of a Windwood yard, 100 feet is not that long. With a five-story building, we are not just talking about height, but also width -- height as far as blocking the sun and stars; and as for buffering, no tree will grow in our lifetime that will block that view. Traffic is another issue. This is an issue of a really big building really close to homes. RM082610 Minutes Page 6 There being no further comments, the Public Hearing was closed at 9:28 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Fields, the City Council voted six (0) for and none (0) opposed, to adopt an amendment to Chapter 12, "Unified Development Ordinance," Sections 5.2 "Residential Dimensional Standards" and 1 1.2 "Defined Terms," of the Code of Ordinances of t he City of College Station, Texas, specifically related to allowable heights of public, civic, and institutional structures . The motion carried unanimously. 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. Items 6 & 7 were considered together. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to adopt 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. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted six (6) for and none (0) opposed, to adopt 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. The motion carried unanimously. 8. Presentation, possible action, and discussion regarding selection of applicants to various Citizen Boards and Committees: 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 MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney. the City Council voted six (6) for and none (0) opposed, to appoint RM082610 Minutes Page 7 Susan Fox, Shane Wendell, George Jessup, and Mille Burrell to the Parks and Recreation Board, with Gary Erwin as Chair. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to appoint Jodi Warner, Bo Miles, Doug Slack, and Craig Hall to the Planning and Zoning Commission, with Scott Shafer as Chair. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted six (6) for and none (0) opposed, to appoint Hunter Good win, Melissa Cunningham (moved up from alternates to board members); Jim Davis, and Dell Seiter as alternates to the Zoning Board of Adjustments, with Rodney Hill as Chair. The motion carried unanimously. 9. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the regular session of the College Station City Council at 10:02 p.m. on Thursday, August 26, 2010. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary September 9, 2010 Consent Agenda Item No. 2b Audit Services To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on a letter agreement for year 2 of the Professional Auditing Services engagement with Ingram, Wallis & Co., P.C. for the fiscal year ending September 30, 2010 with expenditures totaling $82,000 from the City of College Station and $16,500 from BVSWMA. Relationship to Strategic Goals: Goal I. 1 Spending taxpayer money efficiently. Recommendation(s): Staff recommends contract renewal with Ingram, Wallis & Co. for the fiscal year ending September 30, 2010. Summary: In May 2009, staff solicited proposals for professional auditing services for the fiscal year ending September 30, 2009 with the option of renewing the engagement for up to four (4) subsequent years. The audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards (2007), the provisions of the federal Single Audit Act of 1984 (as amended in 1996), and the provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The Audit Committee recommended and on July 23, 2009, City Council selected Ingram, Wallis & Co., P.C. to be the City’s external auditor and approved a letter agreement with them for the fiscal year ending September 30, 2009 and with the potential for extending the agreement annually for up to four additional years. Budget & Financial Summary: Funds are available and budgeted in the General Fund, Fiscal Services Department, Accounting Division, the Community Development Budget, and the BVSWMA budget. Attachments: 1. Renewal Agreement 24 25 26 27 September 9, 2010 Consent Agenda Item No. 2c BVSWMA Purchase To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on the purchase of a John Deere Tractor Mower from Coufal-Prater Equipment to be used by the Brazos Valley Solid Waste Management Agency in the amount of $59,634.40 Recommendation(s): Staff recommends award to Coufal-Prater for the total purchase price of $59,634.40 Summary: This purchase is for a diesel powered John Deere Tractor Mower to be used by the Brazos Valley Solid Waste Management Agency. This purchase will upgrade the current 6605 Tractor that is scheduled for replacement, and $15,000 will be received at trade-in. The tractor will be utilized in ground maintenance, discing and seeding operations, blowing hay for erosion control, and transporting pumps, etc. The enclosed cab tractor will be equipped with a 15’ shredder to reduce the amount of time needed for mowing the Twin Oaks and Rock Prairie Road Facilities. Budget & Financial Summary: This purchase is budgeted in the FY2010 BVSWMA Operating Fund as a service level adjustment. The transition service level adjustment was approved by the BVSWMA Policy Advisory Board and both the College Station and Bryan City Councils during the FY2010 budget approval process. The quote on this unit was acquired by Coufal-Prator utilizing TXMAS government pricing. As this purchase is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Quote 28 JOHN DEERE COMPANY GOVERNMENTAL & NATIONAL SALES CONTRACT QUOTE WORKSHEET Bill to:CITY OF COLLEGE STATION Ship to:CITY OF COLLEGE STATIONB Address: Address: City, State, Zip:City, State, Zip: Contact Name: HOWARD STOUGH Contact Name: HOWARD STOUGH Phone:Phone: VENDOR C&CE Equipment Dealer:COUFAL-PRATER EQUIP.C John Deere Company Acct #46749 2000 John Deere Run City/State:CITY OF COLLEGE STATION Cary, NC 27513 Phone:979-822-7684 Phone: (800) 535-2967 Fax: 309-749-2313 Contact:KLINTON Contract #________________________________DTXMAS-3-23V040 Price Effective Date:_________________E6-1-2007 5-31-2011 List and price all codes, bundles and part numbers required. F G H I J K Equipment Codes Description Factory Inv /Order #Qty List Price Total List Price 3133R 6430 PREMIUM TRACTOR 1 72,759.00$ 72,759.00$ 652 POWER QUAD PLUS PACKAGE 1 (250.00)$ (250.00)$ 171 CAB PREMIUM 1 -$ -$ 250 MFWD FRONT AXLE 1 -$ -$ 1425 18.4 R 38 1 855.00$ 855.00$ 4369 16.9R 24 FRONT TIRES 1 878.00$ 878.00$ 7073 POWER QAUDE PLUS TRANS 1 -$ -$ 7110 POWER ASSIT 3 SPEED PTO 1 761.00$ 761.00$ 7152 FLANGED AXLE 1 -$ -$ 7226 TWO DELUXE 3 DENTENT 1 $461.00 $461.00 7453 DELUXE CORNER EXHUAST 1 $761.00 $761.00 7664 SUPER COMFORT SEAT 1 $1,081.00 $1,081.00 9306 THIRD M-SCV DELUXE 1 $1,031.00 $1,031.00 8850 TOOL BOX 1 $67.00 $67.00 9115 BACK UP ALARM 1 $386.00 $386.00 AL157751 TELESCOPE MIRRORS 1 $970.00 $970.00 RE234151 RADIO CD AM/FM WEATHER 1 $703.00 $703.00 AL157190 WINDSHIELD WASHER 1 $261.00 $261.00 AL174219 WIPER REAR WINDOW 1 $197.00 $197.00 BW15535 HOOD GUARD 1 $350.00 $350.00 TOTAL LIST $81,271.00 28% STATE DISCOUNT $22,755.88 1.5% FEE $877.73 STATE PRICE $59,392.85 225DW CX15 SHREDDER 1000RPM 1 $19,122.00 $19,122.00 1030 CONSTANT VELOCITY DRV 1 $44.00 $44.00 1220 AIR CRAFT TIRES 1 $552.00 $552.00 1600 FRONT CHAINS 1 $0.00 $0.00 1700 REAR CHAINS 1 $0.00 $0.00 6010 10000LB SAFETY CHAIN 1 $0.00 $0.00 9010 ANTI WINDROW KIT 1 $362.00 $362.00 9025 DUAL WING SPINDLES HUBS 1 $776.00 $776.00 TOTAL LIST $20,856.00 28% STATE DISCOUNT $5,839.69 1.5% FEE $225.24 STATE PRICE $15,241.55 TRACTOR $59,392.85 SHREDDER CX15 $15,241.55 PRICE OF NEW EQ $74,634.40 Allied Equipment: Trade-In:6605 JOHN DEERE MFWD OPEN STATION W/CANOPY $15,000.00 Total List Price per Unit L Less Contract Discount M Discount Amount N Total Price of John Deere Equipment O Plus Non-John Deere Equipment - Allied (if applicable)P Less Trade-in (if applicable)Q Subtotal R Municipal Lease? U Yes ___ No ___ Contract # ______________Plus Tax: _T___% (if applicable)S Retail Note? Yes ___ No ___ Contract # _______________*Miscellanous Fees, if applicable (JDC)U If tax exempt please submit tax exemption certificate with purchase order.Total PO Price 59,634.40$ V Please submit this form along with the purchase order. AGENCY INFORMATION DELIVERING DEALER *Applicable miscellaneous fees are to be charged to the customer by JDC and can be blended into their payments. This assures that the lease credit to GNS from JDC matches the agency PO amount. If the fees have not been included in the customer’s purchase price and financing documents, GNS will debit the dealer for the fees. 29 September 9, 2010 Consent Agenda Item No. 2d Approval of a Contract Amendment for the Mayor’s Council on Physical Fitness Grant Contract To: Glenn Brown, City Manager From: David Schmitz, Assistant Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion on an amendment to the contract with the Texas Department of State Health Services for the Mayor’s Council on Physical Fitness Grant Contract. Relationship to Strategic Goals: Goal I. Action 5. – Financially stable city providing response to core services and infrastructures. Develop revenue streams independent of the General Fund Recommendation(s): Staff recommends approval of the Contract Amendment as proposed. Summary: In March of 2008, a grant proposal was submitted to the Governor’s Advisory Council on Physical Fitness for the establishment of a Mayor’s Council on Physical Fitness (MCPF). This was a seed money grant with no City matching funds required. The City received notification the last week of April that the City had been awarded a grant. A contract for the grant in the amount of $23,280 was routed signed and returned to Texas Department of State Health Services. A Phase II Grant Amendment was granted and approved in January of 2009 in the amount of $50,000 for the implementation of programs, activities and marketing for the MCPF. These included a Walking Health Fair at the Wolf Pen Creek Amphitheater, the installation of replacement exercise equipment at Thomas Park and the installation of new equipment at Wolf Pen Creek and the hosting of weekly run/walk activities at Veterans Park. A Phase III Amendment in the amount of $7,500 was approved by the Council on September 24th 2009. After numerous attempts to receive a fully executed copy of the Amendment, staff never executed any expenditures. This Amendment is a renewal of the September 2009 Amendment which was received via e-mail on August 18, 2010. DSHS has requested that the Phase III amendment again be considered as a Contract Amendment since it is a continuation of the original state grant process. Given that this is a state grant, it is exempt from the competitive bidding procedures and the standard 25% increase in contract amount requirements do not apply. The original contract is on file with the City Secretary’s office. Budget & Financial Summary: This is a reimbursement state grant in the amount not to exceed $80,780 in total. There is no City match required. A contingency transfer may be required to cover initial grant related expenditures prior to reimbursement from the state. Future funding for these activities would need to be addressed as a part of the City’s normal budget process. Attachments: 1. Texas Department state Health Services Contract Amendment Phase III to the Mayor’s Council on Physical Fitness Grant Contract. 2. Texas Department of State Health Services Contract – on file in the City Secretary’s Office. 30 31 32 33 September 9, 2010 Consent Agenda Item No. 2e Texas A&M University Systems Easement Renewal To: Glenn Brown, City Manager From: David Massey, Director of College Station Electric Utilities Department Agenda Caption: Presentation, possible action, and discussion regarding the authorization for the Mayor to execute the renewal of two utility easements located on the Texas A&M University System Property. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends Council authorize the Mayor to sign the easement documents. Summary: Easement location one (1) is at Marion Pugh Dr. and Luther St. for aerial Electric Distribution and underground Water lines which provide service to the customers in this area of College Station. Easement location two (2) is at University Dr. and Houston St. and is covering underground Traffic Control Cables for this intersection. Section 85.26 of the Texas Education Code, limits Texas A&M University to the grant of an easement for not more than 10 years after which time the Board may renew the easement. Texas A&M has requested the renewal of the listed easements. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map showing easement locations 2. Easement (1) Aerial Electric & Underground Water 3. Easement (2) Underground Traffic Control Cables 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 September 9, 2010 Consent Agenda Item No. 2f Contract Renewal w/ Envirosolve To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding renewal of contract #08-084 with Envirosolve and the City of College Station and City of Bryan to provide Household Hazardous Waste collection services in an amount not to exceed $229,510.00. Recommendation(s): Staff recommends approval of the contract renewal. Summary: Envirosolve was the successful bidder for a 2008 annual contract to supply the Cities with collection and disposal services for household hazardous waste. The total cost of all services provided under contract #08-084 may not exceed One Hundred Fourteen Thousand Seven Hundred Fifty-Five and No/100 Dollars ($114,755.00) for completed and accepted work for each collection event held during the term of said contract as set forth and adjusted in accordance with the terms of the contract documents; provided, however, that the total maximum expenditure for the total number of collection events shall not exceed Two Hundred Twenty-Nine Thousand Five Hundred and no/100 Dollars ($229,510.00). This 2010 renewal is the second of two optional annual renewals of the 2008 contract #08-084. This agreement will be good for the term of October 2010 through October 2011. The next household hazardous waste collection event will be held October 9, 2010. Budget & Financial Summary: Funds are available and budgeted in the Brazos Valley Solid Waste Management Agency. This item must be approved by the City of Bryan. Attachments: 1. Renewal Letter 52 53 54 55 56 57 September 9, 2010 Consent Agenda Item No. 2g Fire Department Fees Update To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion to amend Chapter 14, Section 3 of the Code of Ordinances of the City of College Station and to adopt a resolution increasing Emergency Medical Services (EMS) fees as set forth in Chapter 14, Sections 1 and 3 of the Code of Ordinances of the City of College Station. Relationship to Strategic Goals: Goal I. 2 Those who benefit from services should pay and I. 4 Services must pay for themselves. Recommendation(s): Staff recommends approval of the ordinance and the resolution. Summary: Due to changes in legislation governing Medicare and Medicaid Services that became effective in 2010 and because it is the City’s policy to offset costs of service with partial fee support (50-80%) for emergency medical services, staff requests the following: 1. Adopting fees that reflect level of service for BLS at a fee of $650; ALS1 at a fee of $850; and ALS2 at a fee of $950. 2. Adopting a $25 fee for disposable supplies used with BLS and $50 for disposable supplies used with ALS1 or ALS2. 3. Adopting a $60 fee to cover oxygen costs, when oxygen is used. 4. Increasing the loaded mileage rate from $10 to $12 per loaded mile for providing EMS with transport from a location within the corporate limits of College Station to a location within Brazos County. 5. Increasing the loaded mileage rate from $12 to $15 for providing EMS with transport from a location outside the corporate limits of College Station. 6. Increasing the loaded mileage rate from $12 to $15 for providing EMS with transport to a location outside of Brazos County. 7. Synchronizes the ordinance and resolution by providing for nursing home inspections and hospital opening inspections. Changes to the ordinance reflect three tiers in level of EMS service, Basic Life Support (BLS), Advanced Life Support (ALS1), and Advanced Life Support, Level 2 (ALS2), as defined by Medicare Part B, and syncs the provisions in the ordinance and the resolution. Changes to the resolution provide the fees for the services. 30% of the City’s EMS payor mix is Medicare. With Medicare and Medicaid reducing rates, it becomes even more important to increase the City’s rates. By Medicare reducing its allowables, the City will not only get less reimbursement from Medicare, but the patient coinsurance is reduced as well. By increasing EMS fees, the City offsets this with insurance patients (cost shifting). By doing nothing, the City will receive less Medicare money and the same insurance monies. 58 In 2009, EMS providers received an increase in eligible reimbursement when Medicare allowed ALS services to be reimbursable as opposed to billing/paying only BLS levels regardless of whether the calls were BLS or not. The City’s rates, however, currently charge a flat fee, which is interpreted as BLS. The table below summarizes the recent changes in Medicare reimbursements: Medicare 2009 2010 ALS 381.40 364.60 BLS 321.18 307.03 Mileage 6.87 6.74 On February 14, 2008, Council approved the most recent changes to EMS rates, with a flat fee of $650 and loaded mileage rates of $10 and $12. Budget & Financial Summary: If the City does not change its EMS rates, the City’s EMS revenues will drop by approximately $65,000 due to Medicare reductions made in 2010. Changing the rates to the three tiers of service recognized by Medicare Part B could raise an additional $140,000 per year and will be included in the City's General Fund. Because the City outsourced its EMS billing and collection, Fiscal Services’ Accounting budget will need to be increased by 5% of the projected $140,000 increase, $7,000, to offset the contractual billing and collection costs of the increased revenue. Attachments: 1. Ordinance 2. Resolution 59 60 61 62 63 64 65 66 September 9, 2010 Consent Agenda Item No. 2h Loading Zones on Cherry Street and Cross Street To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action and discussion of an ordinance amending Chapter 10 “Traffic Code”, to add Section I. “Thirty Minute Parking” for the implementation of Loading Zones on a 50 foot section of Cherry Street and Cross Street to allow vehicles to be parked for up to 30 minutes while the vehicle is loaded or unloaded. Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: The Warehouse and the Factory are two private dormitories in Northgate. Residents of these dorms have difficulty finding parking near the front doors to load or unload their belongings and typically have to park down the street. Additionally, mail deliveries or even pizza deliveries have to park illegally or even down the street when providing services to the dormitory residents. The developer approached the city about helping solve the problem the residents were experiencing. After working closely with the developer, two loading zone locations were decided upon, one on Cherry Street to service the Factory and one on Cross to service the Warehouse. These loading zones will allow vehicles to be parked there for up to 30 minutes while the vehicle is loaded or unloaded. Additionally, the loading zone on Cross Street is only in affect between the hours of 9 AM and 5 PM. Outside of these hours, the area is open for untimed public on-street parking. City staff worked with the developer to identify areas that would serve their needs while having minimal impacts on traffic and fire access. Both City staff and the developer believe these loading zones achieve their respective goals. Budget & Financial Summary: The Loading Zone signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Attachments: 1. Ordinance 2. Map 67 68 69 70 71 TAUBER ST COLLEGE M AIN C H E R R Y S T C R O S S S T STASNEY ST L O U I S E A V E 30 minute Loading Zone 30 minute Loading Zone (9AM - 5PM) Cherry Street and Cross Street Loading Zones 72 September 9, 2010 Consent Agenda Item No. 2i Recycling Collection Franchise To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: : Presentation, possible action, and discussion on the second 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 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 September 9, 2010 Consent Agenda Item No. 2j Northgate Park Project Real Estate Contract – 502 Boyett Street To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding approval of a real estate contract in the amount of $265,000 between the City of College Station (Buyer) and Debra Lynn Boyett (Seller) for the purchase of Lot One (1), Block Eighteen (18), W. C. Boyett Estate Partition, also known as 502 Boyett Street. Relationship to Strategic Goals: Goal II, Neighborhood Integrity. Recommendation(s): Staff recommends approval of the contract which will authorize the Mayor to execute the contract and will authorize the City Attorney to complete the transaction. Summary: On March 8, 2007, City Council authorized the purchase of three lots on Spruce Street for the purpose of developing a neighborhood park in Northgate. On May 18, 2009, City Council directed staff to proceed with negotiations on additional property in an effort to enlarge the site and create a neighborhood park in the Northgate District. On August 27, 2009, City Council authorized the purchase of four lots on Spruce Street that adjoin the previously purchased lots. Staff has recently completed negotiations for the purchase of one additional lot improved with a single family residence. This lot adjoins the existing park land and a drainage area. The purchase of this property will also provide access to Boyett Street. As part of the contract negotiations, the seller will occupy the residence until September 1, 2011 at which time the City will demolish the structure. Additionally, in an effort to maximize the size of the park, Staff is working to acquire the drainage area that extends from Boyett Street to College Main. This land is owned by 20 heirs of W.C. Boyett. Budget & Financial Summary: Funds for this purchase are budgeted in the Parks Capital Improvement Projects Fund as part of the Neighborhood Parks Revolving Fund Project. The total budget for this project is $1,000,000 and $428,754 has been expended or committed to date, leaving a balance of $571,246 for future expenditures. The purchase price for the property is $265,000. Additional funds amount of approximately $10,000 will be required for a survey, environmental study, title insurance, closing costs and other fees. Attachments: Project Map Real Estate Contract – Available in City Secretary’s Office 102 Existing City Owned Property Drainageway PropertyBeing Acquired BOYETT PROPERTYUNDER CONTRACT College Main C h e r r y S t S p r u c e S t Boyett St First St L o u i s e A v Second St Tauber St G a y t h a C r NORTHGATE PARKNORTHGATE PARK Boyett Property - 502 Boyett Street 103 September 9, 2010 Consent Agenda Item No. 2k Right-of-way Maintenance Ordinance To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action and discussion of an ordinance amending Chapter 3, “Building Regulations”, Section 2, “Right-Of-Way Maintenance”, of the Code of Ordinances. Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This ordinance amendment provides that registration and construction permits not be required when a current franchise provides for a process that adequately replaces or meets the requirements of registration and permitting in this section. Budget & Financial Summary: Attachments: 1 Ordinance 104 105 106 September 9, 2010 Regular Agenda Item No. 1 Multifamily/Commercial Recycling Franchise To: Glenn Brown, City Manager From: Hayden Migl, Assistant to the City Manager Agenda Caption: Presentation, possible action, and discussion on the first reading of a franchise agreement with Professional Trash Valet, LLC dba Brazos Valley Trash Valet & Recycling for the collection of recyclable commodities from multifamily apartments and commercial businesses. Relationship to Strategic Goals: V. Green Sustainable City Recommendation(s): Staff recommends approval. Summary: The proposed non-exclusive five (5) year franchise agreement allows for the collection of recyclable commodities from multifamily apartments and commercial businesses within the corporate limits of the City of College Station. The company will be responsible for developing onsite recycling programs and shall provide the means of recycling to those multifamily apartments and commercial businesses that request this service. 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: N/A Attachments: 1. Franchise Ordinance 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 9 September 2010 Regular Agenda Item No. 2 Plumbing Code Amendment To: Glenn Brown, City Manager From: Bob Cowell, AICP, CNU-A, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 3, “Building Regulations”, Section 6.E., “Amendments to the 2009 International Plumbing Code”, of the Code of Ordinances of the City of College Station, Texas, regarding a solids interceptor for food service facilities. Relationship to Strategic Goals: III.7, “Reduce the cost of doing business provided it doesn’t increase the costs for taxpayers.” Recommendation(s): The Construction Board voted 5-0 to recommend approval at their meeting on 23 August 2010. Staff also recommends approval. Summary: This ordinance adds an amendment to the City’s adopted plumbing code to allow the omission of a solids interceptor for food waste grinders in commercial kitchens when connected to a 1,000 gallon or larger grease trap. This amendment is a result of negotiations with College Station Independent School District (CSISD) staff regarding the development standards that apply to CSISD construction projects. A complete list of proposed development standards for CSISD projects was presented to City Council on 25 March of this year. Council concurred with the proposal and authorized staff to proceed with the amendments related to exemptions for school facilities. Budget & Financial Summary: N/A Attachments: 1. Ordinance 126 127 128 September 9, 2010 Regular Agenda Item No. 3 UDO Amendment for School Facilities To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 “Unified Development Ordinance,” Article 3 “Development Review Procedures,” Article 6 “Use Regulations,” Article 7 “General Development Standards,” and Article 11 “Definitions,” of the College Station Code of Ordinances, specifically related to school facilities. Relationship to Strategic Goals: N/A Recommendation(s): At their meeting on August 19th, the Planning and Zoning Commission voted (6-0) to recommend approval of the amendment. Staff recommended approval of the Ordinance amendment. Summary: In recent years, College Station Independent School District, an entity that is a political subdivision of the State like the City, has generally been required only to comply with the City’s development regulations that are grounded in health and life safety (building codes, fire codes, floodplain regulations, etc.). A 2009 opinion from the Attorney General of Texas, however, affirmed the authority of a home rule city to also enforce land development regulations on an independent school district for the purpose of aesthetics and the maintenance of property values. With the acknowledgement by both parties that not all of the City’s development standards are fully applicable to projects such as a school, Staff from the City and CSISD reviewed the development standards that would applicable to CSISD projects. The results of this effort are provided in the attached Proposed Development Standards Table that was presented at the March 25, 2010 Council Workshop. Council concurred with the proposal and authorized Staff to proceed with the amendments related to school facilities. This item seeks to revise the UDO to codify this agreement with some adjustments. In review of the ordinance language, it was determined that public and private schools should be regulated in the same manner so these amendments apply to all schools. The UDO defines schools under the term “Educational Facility, Primary & Secondary.” While a home rule city may regulate the development of public school facilities, it may not totally exclude the location of any of their facilities through zoning. Therefore, UDO Section 6.2.C “Use Table” is proposed to permit (“P”) Educational Facility, Primary & Secondary uses in all zoning districts, similar to other institutional uses such as Places of Worship and Governmental Facilities. In Section 11.2 “Defined Terms,” the definition of Educational Facility, Primary & Secondary is expanded to add a sentence to include all auxiliary facilities associated with schools. The exemptions for subdivision and development plat requirements in Section 3.3.A “Applicability” are proposed to also exempt “Political Subdivisions of the State,” which are governmental entities such as independent school districts, municipalities, 129 and counties. The exemption does provide that if these entities voluntarily choose to plat then the applicable platting requirements must be followed. The remaining amendments necessary to implement the agreement relate to sign regulations, buffer requirements, non-residential architecture (NRA) standards, and outdoor lighting standards. In Section 7.4.E “Exempt Signs,” #3 has been added to exempt Primary & Secondary Educational Facilities from the sign regulations, though these facilities are still required to adhere to the limitations of Section 7.4.D “Prohibited Signs.” Section 7.6.B “Applicability” for the buffer requirements adds #2.e to exempt Primary & Secondary Educational Facilities that contain a Group “E” occupancy (schools) from buffer requirements. Section 7.9.A “Applicability” has been reformatted for greater clarity and proposes to exempt Primary & Secondary Educational Facilities from the NRA requirements. Section 7.10 “Outdoor Lighting Standards” has been reformatted to add an “Applicability” section and proposes to exempt Primary & Secondary Educational Facilities that contain a Group “E” occupancy (schools) from those requirements. Section 7.10 “Outdoor Lighting Standards” has also been clarified to exempt athletic fields as well as lighting not visible from the perimeter of a development. Budget & Financial Summary: N/A Attachments: 1. Proposed Development Standards Table 2. Draft Planning & Zoning Commission Minutes – August 19, 2010 3. Ordinance 130 Proposed CSISD Development Regulations 1. Provisions in 7.4 D “Prohibited Signs” of the UDO would apply 2. Applies to educational buildings (group “E” as defined by the International Building Code) and accessory uses 3. Should CSISD voluntarily pursue platting, the plat shall comply with the applicable requirements 4. Kitchen food grinders are not required to have a solids interceptor when connected to a 1,000 gallon (or larger) grease interceptor 5. The City would work with CSISD when landscaping and/or screening requirements cause security concerns. Also, CSISD would be exempt from fines associated with landscaping requirements. 6. The City of College Station will provide supporting engineering information for development requiring off-site studies Regulation/ Requirement Waived by Previous Resolution Currently Addressed in UDO Requires UDO/Building Code Amendment Exempt from City Requirements Compliance Required Addressed by City Policy or ILA Development Fees X Land Use Regulations X X Sign Regulations 1 X X Buffer Requirements2 X X NRA Requirements X X Outdoor Lighting Standards X X Parkland Dedication X X X Subdivision Regulations 3 X X Utility Lines X Easements X Sidewalks/Bikeways X Adopted Building/Fire Codes4 X X Building Setbacks X Height Restrictions (Related to Single- Family Setbacks) X Driveway Access & Location Regulations X Landscaping Requirements5 X Solid Waste Requirements & Standards X Storm Drainage Requirements & Standards6 X Traffic Impact Analysis Requirements X 131 August 19, 2010 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING & ZONING COMMISSION Regular Meeting August 19, 2010, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Scott Shafer, Mike Ashfield, Hugh Stearns, Tom Woodfin, and Doug Slack COMMISSIONERS ABSENT: Paul Greer CITY COUNCIL MEMBERS PRESENT: Dennis Maloney CITY STAFF PRESENT: Senior Planners Jennifer Prochazka, Lindsay Kramer, and Jason Schubert, Staff Planner Lauren Hovde, Planning Administrator Molly Hitchcock, City Engineer Alan Gibbs, 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 9. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified Development Ordinance, Article 3 “Development Review Procedures,” Article 6 “Use Regulations,” Article 7 “General Development Standards,” and Article 11 “Definitions,” related to exemptions for school facilities. Case # 10-00500158 (JS) Senior Planner Jason Schubert presented the ordinance amendment regarding exemptions for school facilities. There was general discussion amongst the Commission regarding the ordinance amendment. Chairman Nichols opened the public hearing. Sherry Ellison, 2705 Brookway Drive, College Station, Texas, stated that she was concerned about buffering, lighting, and height requirements. Clark Ealy, CSISD, spoke in favor of the ordinance amendment stating that it would make the development process easier for the City and school district. 132 August 19, 2010 P&Z Regular Meeting Minutes Page 2 of 2 Chairman Nichols closed the public hearing. Commissioner Ashfield motioned to approve the ordinance amendment. Commissioner Slack seconded the motion, motion passed (6-0). 11. Adjourn. Commissioner Woodfin motioned to adjourn the meeting. Commissioner Shafer seconded the motion, motion passed (6-0). The meeting was adjourned at 9:33 p.m. 133 134 135 136 137 138 139 140 141 142 143 September 9, 2010 Regular Agenda Item No. 4 UDO Amendment for Taxi Services as a Home Occupation To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 “Unified Development Ordinance,” Section 6.4 “Home Occupations” and Section 11.2 “Defined Terms” of the College Station Code of Ordinances, specifically related to taxicab services. Relationship to Strategic Goals: Goal II. Neighborhood Integrity Recommendation(s): At their meeting on August 19th, the Planning and Zoning Commission voted (6-0) to recommend approval of the amendment. Staff recommended approval of the Ordinance amendment. Summary: Section 6.4.C “Home Occupations” of the Unified Development Ordinance (UDO) currently outlines the standards, exemptions, and prohibitions for home occupations within the City of College Station. Currently, taxicab services are permitted home occupations provided they meet the required exemptions listed in the ordinance. The proposed ordinance amendment would identify taxicab services as a specific home occupation with additional use standards. The amendment would limit the number of commercial taxicabs that can be parked on-premise, as well as parked on- street as part of a home occupation. Additionally, the amendments would provide a definition of taxicab service that includes not only dispatch but storage of taxicabs. This proposed ordinance amendment was initiated from public comments received during the Central College Station Neighborhood Plan process and requested as part of the UDO Annual Review by the City Council. Budget & Financial Summary: N/A Attachments: 1. Draft Planning & Zoning Commission Regular Meeting Minutes 2. Ordinance 144 MINUTES PLANNING & ZONING COMMISSION Regular Meeting August 19, 2010, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Scott Shafer, Mike Ashfield, Hugh Stearns, Tom Woodfin, and Doug Slack COMMISSIONERS ABSENT: Paul Greer CITY COUNCIL MEMBERS PRESENT: Dennis Maloney CITY STAFF PRESENT: Senior Planners Jennifer Prochazka, Lindsay Kramer, and Jason Schubert, Staff Planner Lauren Hovde, Planning Administrator Molly Hitchcock, City Engineer Alan Gibbs, Assistant Director Lance Simms, Director Bob Cowell, First Assistant City Attorney Carla Robinson, Action Center Representative Kerry Mullins, and Administrative Support Specialist Brittany Caldwell Regular Agenda 8. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified Development Ordinance, Sections 6.4.C “Home Occupations” and Section 11.2 "Definitions" related to taxicab services. Case #10-00500136 (LK) Senior Planner Lindsay Kramer presented the ordinance amendment regarding taxicab services. There was general discussion amongst the Commission regarding the ordinance amendment. Chairman Nichols opened the public hearing. Sherry Ellison, 2705 Brookway Drive, College Station, Texas and Jason Adams, Maroon Cab, College Station, Texas. Both citizens spoke in favor of the ordinance amendment. Chrisitian Ede, 1304 Todd Trail, College Station, Texas, spoke in opposition of the ordinance amendment stating that a property owner should be able to park multiple cars in their driveway and that the proposed ordinance would greatly affect his taxi business. Chairman Nichols closed the public hearing. Commissioner Slack motioned to recommend approval of the ordinance amendment. Commissioner Stearns second the motion, motion passed (6-0). 145 146 147 September 9, 2010 Regular Agenda Item No. 5 Luther Street Rezoning To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, specifically rezoning 5.10 acres from M-1 Light Industrial to R-4 Multi-Family for 100 Luther Street West, generally located southeast of the intersection of Luther Street West and Marion Pugh Drive. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure, Neighborhood Integrity, and Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at their August 18, 2010 meeting and voted (6-0) to recommend approval of the rezoning request. Staff also recommended approval of this rezoning request. Summary: The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject tract and surrounding area as Urban. The Comprehensive Plan describes the Urban designation as being for a very intense level of development activity that tends to consist of townhouses, duplexes, and apartments. The subject property is also located within Growth Area V. Within growth areas, an Urban designation may also permit commercial, office, business park, and vertical mixed uses. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: Much of the property in the immediate vicinity is zoned R-4 Multi-Family and developed as large-scale apartment complexes. Also, approximately 12 acres of the 17.5 acre tract is already zoned R-4 Multi-Family. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: Properties similar to the subject tract in size and location have been developed for multi-family in the immediate area. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The majority of the 17.5 acre tract is currently zoned R-4 Multi- Family. While industrial uses may be logical next to large thoroughfares and rail, industrial uses are not ideal in this location, which is surrounded by residential 148 development. Also, the portion currently zoned M-1 Light Industrial (5.10 acres) is configured in a way that makes it difficult to be developed for a light industrial use. The M-1 portion is approximately 1,500 feet in length (adjacent to the railroad right-of-way), at a depth of approximately 150 feet. Buffers required for industrial uses would further limit the buildable area by further reducing the depth. Additionally, access to any use in this location could only be obtained through the multi-family portion of the property, making multi-family the most suitable use. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: Given the property’s limitations, marketability of the M-1 portion of the tract would be difficult. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located adjacent to an 18-inch water main which runs along Marion Pugh Drive. The subject tract is located adjacent to an 8-inch sanitary sewer main which runs along the northern property line. The property is located in the Bee Creek Tributary “B” drainage basin and is not located within a floodplain. Development of the subject tract will be required to meet the minimum requirements of the City’s Storm Water Design Guidelines. The subject tract is located adjacent to Marion Pugh Drive and Holleman Drive, both of which are 2-Lane Major Collectors – Urban Context on the City’s Thoroughfare Plan. There is a bike lane proposed on the City’s Bicycle, Pedestrian, and Greenways Master Plan for both of these thoroughfares. A Traffic Impact Analysis (TIA) is not required at the zoning stage because of the small size of the requested rezoning area. However, a TIA will be required when the larger area is site planned. Budget & Financial Summary: N/A Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Draft Planning & Zoning Commission meeting minutes 4. Ordinance 149 BACKGROUND NOTIFICATIONS Advertised Commission Hearing Date: August 19, 2010 Advertised Council Hearing Dates: September 9, 2010 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 15 Contacts in support: None as of date of Staff Report Contacts in opposition: Staff has received a letter from a representative of Meadows Point Apartments in opposition to the request due to market saturation and increased competition. Inquiry contacts: None as of date of Staff Report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Urban R-6 High Density Multi-Family Apartments South Urban across Holleman Drive (Major Collector) R-4 Multi-Family Apartments across Holleman Drive East General Commercial, Urban, and Natural Areas across Wellborn Road (Major Arterial) C-1 General Commercial and R-1 Single Family across Wellborn Road Small commercial, vacant property and City park across Wellborn Road West Urban across Marion Pugh Drive (Major Collector) R-4 Multi-Family Apartments across Marion Pugh Drive DEVELOPMENT HISTORY Annexation: 1958 Zoning: The existing zoning on the property is already primarily R-4 Multi-Family, however, a strip of M-1 Light Industrial (5.10 acres) exists along the railroad right-of-way. The entirety of the subject tract was zoned for industrial uses upon annexation in 1958. In 1981, a portion of the property was zoned R-2 Duplex. The majority of the property was rezoned in 1982 from M-2 Heavy Industrial, M-1 Light Industrial and R-2 150 Duplex to R-5 Multi-Family (renamed to R-4 with the adoption of the UDO in 2003). Final Plat: The property is not currently platted. The property was legally subdivided as the McCulloch Industrial Area in the past, however, that plat was vacated in 1979. Site development: The property is currently vacant, but was historically used as a fertilizer plant and later as storage for the Coca-Cola Company. Structures related to these uses were removed after the uses ceased in the 1980s. The property owner has indicated that any previous contamination on site has been remediated to residential levels. 151 August 19, 2010 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING & ZONING COMMISSION Regular Meeting August 19, 2010, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Scott Shafer, Mike Ashfield, Hugh Stearns, Tom Woodfin, and Doug Slack COMMISSIONERS ABSENT: Paul Greer CITY COUNCIL MEMBERS PRESENT: Dennis Maloney CITY STAFF PRESENT: Senior Planners Jennifer Prochazka, Lindsay Kramer, and Jason Schubert, Staff Planner Lauren Hovde, Planning Administrator Molly Hitchcock, City Engineer Alan Gibbs, Assistant Director Lance Simms, Director Bob Cowell, First Assistant City Attorney Carla Robinson, Action Center Representative Kerry Mullins, and Administrative Support Specialist Brittany Caldwell Regular Agenda 4. Public hearing, presentation, possible action, and discussion regarding a Rezoning from M-1 Light Industrial to R-4 Multi-Family for 5.10 acres located at 101 Luther Street West, generally located southeast of the intersection of Luther Street West and Marion Pugh Drive. Case #10-00500143 (JP) Senior Planner Jennifer Prochazka presented the Rezoning and recommended approval. There was general discussion amongst the Commission regarding the Rezoning. Commissioner Stearns expressed concern about the potential of contamination on the property from the fertilizer plant that used to be located there. Chairman Nichols opened the public hearing. Rabon Metcalf, RME Consulting, stated that he was available for questions. Chuck Carroll, American Campus Communities Operating Partnership, stated that any previous contamination from the property being used as a fertilizer plant had been remediated to residential levels. Chairman Nichols closed the public hearing. There was general discussion amongst the Commission regarding the Rezoning. 152 August 19, 2010 P&Z Regular Meeting Minutes Page 2 of 2 Commissioner Shafer motioned to recommend approval of the Rezoning. Commissioner Stearns seconded the motion, motion passed (6-0). 153 154 155 156 September 9, 2010 Regular Agenda Item No. 6 Public Hearing on “Leash Free” Dog Activities at Lick Creek Park To: Glenn Brown, City Manager From: David Schmitz, Assistant Director, Parks and Recreation Agenda Caption: Public hearing, presentation, possible action, and discussion regarding “Leash Free” Dog Activities at Lick Creek Park as requested by the City Council on June 24, 2010. Relationship to Strategic Goals: V. Green Sustainable City – Focus on natural areas/greenways vs. recreational parks Recommendation(s): The Parks and Recreation Advisory Board and staff recommend that Lick Creek Park continue to be designated as a “leash free” park as provided for by the City’s Code of Ordinances. Summary: The 515 acre park serves as a preserve for hiking, jogging, cycling, bird watching, equestrian activities, nature study and “leash free” dog activities. Lick Creek Park has been a “leash free” park since February 26, 1998, when City Ordinance No. 2314 was adopted designating it as such. Chapter 1, Section 14, Subsection J of the Code of Ordinances of the City of College Station further states: “It shall be unlawful for any owner or person in control of any dog to keep or permit the same in or about any park or recreation area unless such dog is kept under restraint at all times by means of a leash, except at Lick Creek Park, which is designated “leash free” with dogs required to be under “voice control” of the owner or person in control; and except in designated dog parks.” The Parks and Recreation Advisory Board at their June 15, 2010 meeting considered a proposed ordinance that included the addition of the City’s two dog parks as “leash free” areas to the Code of Ordinances. The issue about the current “leash free” dog operations at Lick Creek Park was heavily discussed. In the end, the Board voted 6 to 2 to recommend adoption of the ordinance to the City Council. The City Council adopted the ordinance at their June 24, 2010 meeting and asked that a public hearing be held as a part of a future City Council meeting to discuss the current “leash free” dog operations at Lick Creek Park. Budget & Financial Summary: N/A Attachments: 1. Parks and Recreation Advisory Board Minutes, June 15, 2010 157 158 September 9, 2010 Regular Agenda Item No. 7 FM 2818 Hike & Bike Trail Phase II To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Capital Projects Agenda Caption: Public Hearing, presentation, possible action and discussion concerning Phase II of the Hike and Bike Trail project along FM 2818 continuing from Welsh Avenue to the Campus Village trail and through Southwest Park. Relationship to Strategic Goals: Goal IV, Improving Multi Modal Transportation. Recommendation(s): Staff recommends approval of the plan to move forward with Phase II of the Hike & Bike Trail Completion Project. Summary: Staff has identified an opportunity to complete the multiuse trail system identified on the Bicycle, Pedestrian, and Greenways Master Plan from Texas Avenue along FM 2818 to Southwest Parkway. The first phase of the Hike & Bike Trail Completion Project, which is currently under construction along FM 2818, will complete the trail segment from Texas Avenue to Welsh Avenue. Phase I is currently under construction and is being delivered under budget. The Campus Village development under construction at the corner of FM 2818 and FM 2154 is constructing a multiuse path through their property which will begin immediately west of the A&M Consolidated High School property line and end at Southwest Park. Staff feels this short segment of path between Phase I of the Hike and Bike Trail project, which terminates at Welsh, and the Campus Village path is an important connection in the hike and bike network. Staff proposes to use the remaining budget in Phase I of the project to design and construct this segment that will connect Phase I with Campus Village. Additionally, staff is proposing to extend the trail from Campus Village through Southwest Park to Southwest Parkway. Staff proposes to use Parkland dedication funds from Zone 6 for the proposed improvements in Southwest Park. In an effort to maximize the money available for construction of these improvements, Staff is proposing to design these improvements and develop the bidding documents. The proposed trail aligns with Council’s Strategic Goal for improving multi-modal transportation by providing greater multi-modal mobility along the FM 2818 corridor and by providing a parallel route for bicyclist to Wellborn Road, one of the major transportation corridors in the City. The trail will also connect destinations including A&M Consolidated High School, several City parks, business centers, and residential properties that have traditionally been rented by students. Budget & Financial Summary: Phase I is funded from the 2008 Bond Authorization in the amount of $1,000,000. Funds in the amount of $661,818.29 have been committed or expended to date, leaving a balance of $338,181.71. Funds in the amount of $77,810 have been budgeted for other expenditures associated with the construction of Phase I, leaving a balance of $260,371.71. Funds in the amount of $258,000 have been budgeted for the development of Southwest Park. Funds in the amount of $219.54 have been expended to date, leaving a balance of $257,780.46. Attachments: 1.) Project Map 159 !!!!!!!!!!!! B E E C R E E K P A R K & A R B O R E T U M G E O R G I E K F I T C H P A R K B R O T H E R S P A R K T e x a s A v S B r o t h e r s B l S o u t h w o o d D r W e l s h A v Southwest PwNueces Dr D e a c o n D r L o n g m i r e D r R i o G r a n d e B l B alc o n e s D r T o d d T r A u s t i n A v L a n g f o r d S t A irli n e D r L a u r a L n Lawyer St Hale y P l H a w k T r e e D r V all e y V i e w D r P i e r r e P l Angelina Ct N avarro Dr G u a d a l u pe Dr B e e C r e e k D r C e l i n d a C r Hondo Dr G l a d e S t Medina Dr S a n F e l i p e D r S a n S a b a D r V a n H o r n D r Boswell St S h e n a n d o a h D r Leona DrMa d e r a C r P e d e r n a l e s D r Shadowwoo d D r S a n B e nito Dr C o m a l C r H a d d o x C t Caudill St L a n c elot C r Arboles C r Ridgefield Cir S a b i n e C t V al Verde Dr K in g A rth u r C r N o r t h B a r d e l l C t 1 inch = 700 feet Hike & Bike Trail Co m p l e t i o n P h a s e I ± P h a s e I T r a i l L E G E N D C a m p u s V i e w T r a i l P h a s e I I T r a i l 1 6 0 !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! !! C O L L E G E S T A T I O N I S D C O L L E G E S T A T I O N I S D C O L L E G E S T A T I O N I S D C O L L E G E S T A T I O N I S D C O L L E G E S T A T I O N I S D S O U T H W E S T P A R K W.A. TARROW PARK S T E E P L E C H A S E P A R K H a r v e y M i t c h e ll P w Wellborn Rd F m 2 1 5 4 W e l s h A v S o u t h w e s t P w N u e c e s D r B alc o n e s D r Chri stin e L n N e v a d a St Arizo n a S t L e o n a D r Ph o e n i x S t H o n d o D r M e d i n a D r G u a d a l u p e Dr D e x t e r D r C a r o l i n a S t Lla n o Pl W e st R i d g e D r L a w y e r S t D e t r o i t S t S a n P e d r o D r Southland St Oney Hervey Dr M a d e r a C r S h a d o w w o o d D r Y e l l o w h o u s e C r Dowling Rd C o m a l C r L a n celot Cr L e o n a D r M e d i n a D r 1 inch = 600 feet Hike & Bike Trail Co m p l e t i o n P h a s e I I ± P h a s e I T r a i l L E G E N D C a m p u s V i e w T r a i l P h a s e I I T r a i l 1 6 1 September 9, 2010 Regular Agenda Item No. 8 First Council Meeting in November To: Glenn Brown, City Manager From: City Manager’s Office and City Secretary’s Office Agenda Caption: Presentation, possible action, and discussion regarding rescheduling the first City Council meeting in November. Recommendation(s): N/A Summary: The scheduled date for the first City Council meeting in November is currently November 11. The meeting on this date conflicts with a number of Veterans Day activities scheduled from late afternoon through the evening. This item is meant to give the Council a chance to look at alternative dates. The dates identified by staff include: - Tuesday, November 9 - Wednesday, November 10 Meeting on Wednesday, November 10 will allow the Council to canvass the votes from the November 2 election. Budget & Financial Summary: N/A Attachments: N/A 162 September 9, 2010 Regular Agenda Item No. 9 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 Attachments: Notebook of Citizen Committee applications provided prior to meeting. 163