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HomeMy WebLinkAbout09/23/2010 - Regular Agenda Packet - City CouncilTable of Contents Agenda 4 Item 2a - September 9 and 13 Minutes 9-9 workshop 9 9-9 regular 17 9-13 joint 24 9-13 special 27 Item 2b - Multifamily/Commercial Recycling Franchise Cover sheet 30 Item 2c - Recycling Collection Franchise Coversheet 31 Item 2d - Emulsified Asphalt Price Agreement cover 32 Renewal Letter 33 Item 2e - Right-of-way Maintenance Ordinance cover 35 Ordinance 36 Item 2f - BVSWMA, Inc Budget Adoption Coversheet 38 Item 2g - City of Bryan Retail Electric Franchise Bryan Retail Electric Franchise Coversheet 39 ordinance granting franchise to COB 40 Franchise Core Area Location Map 52 Item 2h - Agreement for Common Use of Distribution Poles and Transmission Structures Common Use Agreement Coversheet 53 agreement for common use of distribution poles 54 Item 2i - Annual Purchase Order for Liquid Chlorine Coversheet 66 Renewal agreement 67 Item 2j - Municipal Irrigation Water Use Report Coversheet 69 Water Use Report Aug 2010 70 Item 2k - Change Order #3 Wastewater Master Plan Coversheet 74 Change Order 3 75 Item 2L - College Station Business Advisory Committee Cover Sheet - College Station Business Advisory Committee 79 Attachment 1 - Enabling Resolution 80 Item 2m - CSU Replacement Distribution Circuit Breakers CSU Bid 10 79 Coversheet 81 Bid Tab 82 1 Item 2n - Police Department E-Citation Replacement Equipment Purchase Coversheet Revised 83 APS Quote 84 Item 2o - Renewal Agreement for a Landscape Maintenance Service Contract with Landscape, USA Coversheet Landscape USA Renewal 2011 85 Renewal Acceptance Landscape USA 87 Item 2p - Renewal Agreement for a Landscape Maintenance Service Contract with Rainbow Gardens Nursery Coversheet Rainbow Gardens-Renewal 2011 90 Renewal Acceptance - Rainbow Gardens 92 Item 2q - CSU Joint Transmission Protective Relay Study Coversheet 95 Item 2r - Wolf Pen Creek Water Feature and Festival Area Project (WP-0901) Alternate Construction Delivery Method Cover Sheet 96 Resolution 97 Location Map 98 Item 2s - Annual Exemptions Coversheet 99 Item 2t - Annual Steel, Concrete and Fiberglass Distribution Poles Coversheet 101 Bid Tab Sheet 102 Item 2u - Wood Pole Treatment & Inspection Contract Assignment Consent 0 - Cover Sheet Pole Treatment & Inspection Contract Assignment t_2 w legal revisions 104 assignment signed by carla 105 Item 2v - Lodge Street No Parking Zone Cover Sheet - Lodge Street No Parking Zone 112 Attachment 1 - Lodge Street No Parking Zone Ordinance 113 Attachment 2 - Map of Lodge Street No Parking Zone 115 Item 2w - Smoking Ordinance Amendment Cover sheet 116 Ordinance 117 Item 2x - Property Casualty Insurance Policies for Fiscal Year 2011 Cover sheet 121 Rec 122 EL and WC 126 Item 2y - Notice of Non-Renewal with Standard Insurance Company for Long Term Disability Cover sheet 132 Resolution - LTD Non-Renewal 133 2 Item 2z - Notice of Contract Termination with CVS Caremark for Prescription Drug Benefits Cover sheet 134 Resolution - Caremark Contract Termination 135 No. 1 - Single-Family Overlay Rezoning for College Hills- Woodlands Coversheet 136 Map 138 Ordinance 139 No. 2 - 406 Boyett Street and 407 Second Street – Right-of-Way Abandonment Coversheet 142 Vicinity Map 143 Location Map 144 Ordinance 145 Ordinance Exhibit 150 No. 3 - Water Utility Rate Increases Coversheet 153 Ordinance 154 No. 4 - Electric Rate Ordinance Coversheet 158 ordinance signed by legal 159 No. 5 - 2010 Atmos Rate Review Mechanism Increase Cover sheet 170 Attachments 171 No. 6 - Fire Station No. 6 Construction Manager at Risk Contract Cover Sheet 179 Map 180 No. 7 - Appointments to Brazos Animal Shelter Board of Directors Cover sheet 181 3 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 23, 2010 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. · Presentation and update on Police Officer Tracy Sheets’ recovery process · Recognition of Mark Smith for his 30 years of service to the City of College Station 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 City Council meetings on September 9, 2010 and September 13, 2010. b. Presentation, possible action and discussion on the second 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. 4 City Council Regular Meeting Page 2 Thursday, September 23, 2010 c. Presentation, possible action, and discussion on the third 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. d. Presentation, discussion and possible action regarding renewal of an annual price agreement with Ergon Asphalt & Emulsions to provide emulsified asphalt products for the maintenance of streets in an amount not to exceed $60,000. e. Presentation, possible action and discussion of an ordinance amending Chapter 3, “Building Regulations”, Section 2, “Right-Of-Way Maintenance”, of the Code of Ordinances. f. Presentation, possible action, and discussion on the FY 2010-2011 BVSWMA, Inc Proposed Budget. g. Presentation, possible action, and discussion on the first reading of a ten (10) year franchise agreement with the City of Bryan for retail sale of electricity within the City of College Station and certificated to Bryan by the Public Utility Commission of Texas. h. : Presentation, possible action, and discussion of an Agreement for Common Use of Distribution Poles and Transmission Structures. i. Presentation, possible action, and discussion regarding the first renewal of a contract with DXI Industries Inc. for the purchase of bulk liquid chlorine, not to exceed $77,220 per year. j. Presentation, possible action, and discussion regarding the monthly report on irrigation water use at City of College Station facilities and properties. k. Presentation, possible action, and discussion regarding approval of Change Order #3, in the amount of $25,056.68 to contract 09-306 with HDR Engineers, Inc., for additional professional services needed to develop our Wastewater Master Plan and the transfer of $25,056.68 from wastewater contingency to this project. l. Presentation, possible action, and discussion regarding the formation of the College Station Business Advisory Committee. m. Presentation, possible action, discussion, and approval on awarding Bid No. 10-79 for the purchase of five distribution circuit breakers for the Electric Utility to WESCO Distribution, Inc. in the amount of $101,490.00. n. Presentation, possible action, and discussion regarding approval to purchase Police Department’s Electronic Citation Replacement Equipment, hand held units from Advanced Public Safety (APS) for an amount not to exceed $66,459.35. o. Presentation, possible action, and discussion regarding a Renewal Agreement for a Landscape Maintenance Service Contract for thirty (30) sites comprised of parks, streets, open space, and greenways with Landscapes, USA. This renewal will be on a month-to-month basis, with monthly payments based upon the Fiscal Year 2011 annual amount of $250,998.63. Monthly payments are not to exceed $20,916.55. p. Presentation, possible action, and discussion regarding a Renewal Agreement for a Landscape Maintenance Service Contract for seventeen (17) sites comprised of various municipal facilities with 5 City Council Regular Meeting Page 3 Thursday, September 23, 2010 Rainbow Gardens Nursery. This renewal will be on a month-to-month basis, with monthly payments based upon the annual Fiscal Year 2011 amount of $113,904. Monthly payments are not to exceed $9,492.00. q. Presentation, possible action and discussion regarding approval of Contract 10-272 to Black & Veatch Corp. to perform engineering analysis and a coordination study on the CSU Electric transmission system in conjunction with Brazos Electric Cooperative and BTU for an amount not to exceed $71,500. r. Presentation, possible action, and discussion approving a resolution authorizing the use of competitive sealed proposals (CSP) as the delivery method for the Wolf Pen Creek Water Feature and Festival Area project. s. Presentation, possible action and discussion to authorize expenditure of funds for FY'11, items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022; and other expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000. t. Presentation, possible action, and discussion regarding the award of Bid #10-89 for steel distribution poles (Group A & B) to TransAmerican Power for $176,005.00, fiberglass composite poles (Group C) to HD Supply for $89,540.00, and concrete pole (Table A-1 & A-2) to Texas Electric Coop for $260,530.00. Total expenditure is $526,075.00. Group D item will not be awarded. u. Presentation, discussion, and possible action regarding the consent for Assignment and Assumption of Contract 10-149 to Osmose Utilities Services, Inc. for Wood Pole Treatment and Inspection services. v. Presentation, possible action and discussion of an ordinance amending Chapter 10 “Traffic Code”, to add Section J. “Lodge Street Parking” for the implementation of a No Parking Zone during times in which the street becomes two-way for vehicular traffic. w. Presentation, possible action, and discussion regarding a proposed amendment to the City’s smoking ordinance defining smoking-related medical or scientific research and adding it as an exception. x. Presentation, possible action, and discussion regarding City of College Station Property/Casualty, Excess Liability and Workers Compensation Insurance Policies for Fiscal Year 2011. FY11 premiums have decreased 22% from FY10 premiums. With the addition of Auto Property Damage coverage, the net decrease in premiums is 14% over FY10 premiums. Council action is required to reject responses received from RFP 10-85, as replaced by RFP 10-94. y. Presentation, possible action and discussion to approve a resolution not to exercise Contract Number 09- 092 renewal option #3 with Standard Insurance Company for long term disability benefits. z. Presentation, possible action and discussion approving a resolution to terminate the CVS Caremark Prescription Drug Benefits contract, #08-213, effective January 1, 2011, without cause and without penalty, according to the terms of the contract. 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 6 City Council Regular Meeting Page 4 Thursday, September 23, 2010 for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 1. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of College Station, Texas, specifically zoning 115.14 acres along Munson Avenue, Marsteller Avenue, Woodland Parkway, Ashburn Avenue, Rose Circle, and Holt Street between Lincoln Avenue and Gilchrist Avenue with Neighborhood Prevailing Overlay. 2. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 152 square foot portion of right-of-way located at 406 Boyett Street and a 207 square foot portion of right-of-way located at 407 Second Street. 3. Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, "Utilities" Section 2, "Water and Sewer Services," of the Code of Ordinances of the City of College Station, Texas having the effect of raising rates for water service and wastewater service. 4. Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, “Utilities” Section 4, “Electric Service” of the Code of Ordinances of the City of College Station, Texas having the effect of raising revenues for electric services approximately six percent (6%). 5. Presentation, possible action, and discussion regarding an ordinance approving an increase in rates for Atmos Energy pursuant to the Rate Review Mechanism tariff approved in 2008. 6. Presentation, possible action, and discussion on a Construction Manager at Risk (CMAR) contract with Bartlett Cocke, L.P. for the Fire Station No. 6 project for a not to exceed amount of $6,000,000.00. 7. Presentation, possible action, and discussion regarding the City’s appointments to the Brazos Animal Shelter’s Board of Directors. 8. Adjourn. If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. 7 City Council Regular Meeting Page 5 Thursday, September 23, 2010 APPROVED: ________________________________ City Manager Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the Thursday, September 23, 2010 at 3:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this 20th day of September, 2010 at 2:00 p.m. ________________________________ City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on September 20, 2010 at 2:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: __________________________ by ________________________. Dated this _____day of ________________, 2010 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2010. ______________________________ Notary Public – Brazos County, Texas My commission expires: ___________ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19. 8 WKSHP090910 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION SEPTEMBER 9, 2010 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, arrived after roll call Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Dave Ruesink City Staff: David Neeley, Assistant City Manager Harvey Cargill, City Attorney Sherry Mashburn, City Secretary 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 Pro Tem John Crompton at 3:00 p.m. on Thursday, September 9, 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. Item 2j was pulled from the Consent Agenda. 2j. David Schmitz, Assistant Director of Parks and Recreation, explained the appraised marker value is $249,000 as of this past February. The purchase price is $265,000 at $23.60 per square foot. This amount is on target with what has been spent on parkland in the Northgate area. There is no master plan yet, and they will be looking at the neighborhood it is located in, and it will be tailored towards Northgate. The funding for this project is from the 2008 General Obligation Bond Authorization and is in the Parks Capital Project Fund budget. It is intended that as parkland dedication funds are received in this area, then those funds will be used to reimburse this fund and allow for additional future neighborhood park acquisitions. 9 WKSHP090910 Minutes Page 2 Jeff Kersten, Chief Financial Officer, explained that these funds can be expended on new improvements, not maintenance and operations. Council consensus was to place this on the next agenda as a regular item. 2. Presentation, possible action, and discussion on the FY 2010-2011 Proposed Budget. Jeff Kersten, Chief Financial Officer, presented to the Council the following proposed changes to the FY 2010-2011 Budget: General Fund – net decrease of $46,179 Animal shelter +$27,085 Concessions subsidy -$57,334 Teen programs (net) -$40,000 Funding TX21 & GCHC -$10,000 Street rehabilitation +$50,000 Library -$14,276 Fire dept position -$41,768 City secretary position +$40,114 Equipment Replacement Fund – increase of $44,416 for a police vehicle. Economic Development Fund - decrease of $50,000 for payment to RVP. Recreation Fund – net change $0. Youth Recreation and Seniors will be moved from the General Fund, and the concessions subsidy will be removed. Hotel Tax Fund – net increase of $137,000 Revolving tournament fund +$200,000 Veterans’ Memorial contribution - $ 10,000 Bush library -$ 25,000 Convention and Visitors Bureau -$ 28,000 Arts Council Affiliate funding +$ 19,000 Arts Council O&M -$ 19,000 He reminded the Council that the Budget will be considered for adoption on Monday, September 13, 2010. 3. Presentation, possible action and discussion regarding an update on the Bryan-College Station Mobility Initiative. Terri Childress, Assistant Director of the Texas Transportation Institute, provided a status update. They are focusing on improving the efficiency and effectiveness of the road transportation system in the community. They want to improve mobility and safety. 2006 goals included: 1) establish BCS traffic management center; 2) improve management and coordination 10 WKSHP090910 Minutes Page 3 of special event and incident traffic; 3) coordinate traffic signal operations; 4) enhance local emergency service responses; 5) improve data needed for effective regional transportation planning; and 6) enable sustainable smart growth in Brazos Valley. Benefits include: 1) active transportation management critical part of an overall transportation strategy; 2) provides transportation professionals and policy makers with additional tools for decision making; 3) improved coordination of traffic signal timing and progression; 4) improved event management across the community; 5) improved incident management; 6) real time traffic data; 7) a centralized repository of traffic data to support transportation efforts; 8) supports green strategy; and 9) increase driver and public information on traffic operation system. The benefits of achieved goals were the deployment of state of the art technology, community- wide coordination of traffic operations, enhanced traveler information to the public with Bluetooth technology; and enhanced agency planning tools. In the next 30-45 days: the online traffic conditions map (traffic movement, road closures, construction zones) will be made available to the public; they will operationalize the traffic management center (actually staffed during peak periods); visual monitoring of system with cameras strategically located throughout community; rapid response to incidents on the system; and coordination of signal timing. Future actions and steps include: formalize agreements for data sharing and funding; build out of system (includes adding cameras, adding data capture capabilities, upgrade Translink systems, and enhance the online map display). There is $1 million federally designated funding, and stakeholder participation of up to 400,000 per year is also needed. The partners will drive the future of this system. 4. Presentation, possible action, and discussion regarding the Unified Development Ordinance and the regulation of emerging commercial and industrial businesses including food trucks and micro-industrial uses (micro-breweries, micro-coffee roasting, etc.). Bob Cowell, Director of Planning and Development Services, reported they are seeing newer forms of land uses being requested. He requested direction regarding two policy questions: should regulation for these uses be more permissive, and if so, what types of parameters should be established? Under current regulation, food trucks, kiosks, push carts, etc. are currently permitted as temporary vendors; they are limited to 21 days in a year, sales tax permits are required, and county health approvals are required. Micro-industrial uses, like a micro-brewery (small scale brewery) are classed as industrial uses and require industrial zoning. The benefits and impacts related to food trucks, etc. include emerging economic opportunities, provides diversity in the local economy, incubates new businesses/business expansion, competes with “brick and mortar” establishments, loss of property tax opportunities, could contribute to litter issues, proliferation of uses could led to aesthetic and integrity issues, and enforcement is difficult. 11 WKSHP090910 Minutes Page 4 The benefits and impacts related to micro-industrial uses include the same ones as mentioned before, but also include: may be incompatible with adjacent land uses and could result in defacto industrial parks. Possible parameters related to food trucks include: expand the total number of days permitted; require the use to be accessory to an established brick and mortar business located in College Station; require a litter control plan; hold the property owner responsible for code compliance; and limit the intensity and size of operation. Possible parameters related to micro-industrial uses include: limit the intensity, size and impact of use; and limit the approved locations (by zoning, by area, by type). Council consensus was to be more permissive and directed staff to proceed within the parameters discussed, focusing in the stakeholder discussions on whether the use is an accessory to an existing business. 5. Presentation, possible action, and discussion on the FY 2010-2011 BVSWMA, Inc. Proposed Budget. Jeff Kersten, Chief Financial Officer, presented the FY 2010-2011 BVSWMA budget. The board will consider this budget for adoption on September 15. Both cities have the opportunity to review the budget. If the city does not take action in within thirty days, then the budget is automatically approved. The College Station budget includes salaries and benefits for the College Station landfill employees in the amount of $1,457,339 to be reimbursed by BVSWMA. The proposed budget has three components, Operations and Maintenance; Capital Improvements; and non-departmental. Projected revenues of $7,477,200 include landfill charges, the compost facility, interest, and other. There is a conservative estimate for a future rate increase at a possible 2.5% in FY12. Estimated expenditures and transfers of $4,641,347 include landfill operations, BVSWMA administration, new administration costs, compost facility, equipment replacement, service level adjustments, and a pay plan contingency. The Capital Projects budget is $3,398,765. The biggest component is the Rock Prairie Final Cover Project, along with $50,000 for the design work for the Twin Oaks Cell Construction and $348,765 for the Twin Oaks Entrance Permit requirements and litter fencing. Non-departmental expenditures in the amount of $1,359,896 are for the debt service transfer for College Station and Bryan, as well as for the general and administration transfer costs, compost facility equipment payback to Bryan, Grimes County host fees and contingency. The City Council will consider this budget for adoption on September 23. 12 WKSHP090910 Minutes Page 5 6. Presentation, possible action, and discussion regarding the Asset Transfer Agreement between BVSWMA, Inc., the City of College Station and the City of Bryan. Mark Smith, Director of Public Services, presented the BVSWMA Asset Transfer Agreement. He reported the Board met on September 1 and discussed language for a successive 20-year lease that automatically renews. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted four (4) for and none (0) opposed, with Councilmember Maloney abstaining, to approve the proposed language as presented. The motion carried. 7. Council Calendar · September 10 Special BVSWMA Board Meeting at Public Works - Room 203 Municipal Court Bldg - 300 Krenek Tap, 11:30 a.m. · September 13 BVSWMA Luncheon/Tour, 12:00 p.m. · September 13 Joint BVSWMA Inc. Board, COB and COCS Council in Council Chambers, 4:30 p.m. · September 13 Special Meeting - Adoption of Budget in Council in Council Chambers, 6:00p.m. · September 15 BVSWMA Inc. Board Meeting at COB Municipal Building - Room 305, 11:00 p.m. · September 15 2010 Exploring History Lunch Lecture Series at CS Conference Center, 11:30 p.m. · September 16 Business After Hours - Sterling Automotive in Council Calendar, 5:30 p.m. · September 16 Planning & Zoning Meeting in Council Chambers, 6:00 p.m. · September 17 TTI - Environmental & Emissions Research Facility Grand Opening at TAMU Riverside Campus, 11:00 a.m. · September 20 IGC Meeting at BVCOG, 12:00 p.m. · September 21 Council Transportation Committee Meeting in Council Chambers, 4:30 p.m. · September 21 Celebrating the Arts 2010 at Miramont Country Club, 5:30 p.m. · September 22 Joint BVSWMA Meeting with City of Bryan, City of College Station, County, 10:30 a.m. · September 23 Council Workshop/Regular Meeting in Council Chambers, 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 Veterans Memorial Day Ceremony at the American Pavilion, Veterans Park, 7:00 p.m. Staff briefly noted the upcoming meetings. 13 WKSHP090910 Minutes Page 6 8. Presentation, possible action, and discussion on future agenda items: a Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Maloney reminded everyone about the Kolache Festival in Caldwell this Saturday and urged attendance to support that community. He requested more information on an article regarding a meeting with the County and City of Bryan regarding drawing new lines for Commissioners Court. He also noted that TXDOT is looking at an overpass at FM2818 and Villa Maria. An overpass is not needed there as badly as it is at Wellborn and George Bush. He asked staff to get that on the table. 9. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, 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 that the Sister Cities met, and they will be participating at the Business After Hours on September 15 as part of World Fest. Also, there will be a historic home Christmas tour on the south side of College Station. He also reported the CVB met and decided to hold a special meeting to see where they want to go with the convention center. Councilmember Lyles reported there will be a Health Board meeting on September 22. She also asked everyone to mark their calendar on September 21 for the arts fundraiser. 10. 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 5:31 p.m. on Thursday, September 9, 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. 14 WKSHP090910 Minutes Page 7 · 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 seek legal advice regarding: · Discussion of Legal Issues; to wit: Wellborn Incorporation Request. · Contemplated litigation; to wit: 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. D. Deliberation on offer 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, September 9, 2010. 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, September 9, 2010. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 15 WKSHP090910 Minutes Page 8 16 RM090910 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION SEPTEMBER 9, 2010 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Dave Ruesink City Staff: David Neeley, Assistant City Manager Harvey Cargill, City Attorney Sherry Mashburn, 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 7:05 p.m. on Thursday, September 9, 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. · Citizen Comments Jacob Wilke, 1014 Bright Circle, a senior at TAMU, asked the Council to consider creating a non-voting position for an A&M student. There needs to be more connection between the university and the city that houses it. The position should be filled by a current student whose only constituency is the student body as a whole. We should unify to meet issues together; a new and fresh perspective does not hurt anybody. Christian Ede, 1304 Todd Trail, stated that he has lived in the community for over 30 years and wants to propose that College Station and Bryan get together for creation of a BCS airport. He also suggested more bicycle lanes and sidewalks. 17 RM090910 Minutes Page 2 CONSENT AGENDA 2a. 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. 2b. 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. 2c. 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. 2d. 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. 2e. 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. 2f. 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. 2g. 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. 2h. 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. 2i. 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. 2j. 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. 18 RM090910 Minutes Page 3 2k. Presentation, possible action, and discussion of an ordinance amending Chapter 3, “Building Regulations”, Section 2, “Right-Of-Way Maintenance”, of the Code of Ordinances. Item 2j was pulled from the Consent Agenda to be considered at a later meeting. MOTION: Upon a motion made by Councilmember Ruesink and a second by Councilmember Lyles, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda, less item 2j. The motion carried unanimously. REGULAR AGENDA 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. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to approve the ordinance on first reading. The motion carried unanimously. 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. At approximately 7:20 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:21 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, to adopt 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. The motion carried unanimously. 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. At approximately 7:23 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:23 p.m. 19 RM090910 Minutes Page 4 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Lyles, the City Council voted six (6) for and none (0) opposed, 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. The motion carried unanimously. 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. At approximately 7:37 p.m. Mayor Berry opened the Public Hearing. James Hannah, 1306 Todd Trail, applauds this ordinance. He sees this as a neighborhood integrity issue. If this continues, he fears he will live in a strip mall with yards rather than a residential neighborhood. Property values will suffer with vehicles with taxi cab signs on them parked on the street. Christian Ede, 1304 Todd Trail, reported that he has owned and operated a cab for twenty years. This is about freedom and property rights. He stated his opposition to the proposed ordinance because the language is overly broad and vague. The parking proposal should be restricted to the street adjacent to the owner’s property. Mayor Gary Halter, 1204 Ashburn, asked why the Council is so concerned about the number cabs parked at residences, but not about the number of vehicles parked at single-family rental property. That is a bigger problem than one or two individuals that have taxi businesses operating out of their homes. Jason Adams, 821 Dominik, owner of Maroon Cabs, stated that we have to consider the drivers that will come to these homes to pick up their cabs. When he began his business and parked his cabs at his residence, he was asked to move them. He moved into an office in Northgate and took on $100,000 in the vehicles he purchased, GPS tracking, and moving into an office. He did that in 3 years because he is a proactive company. Mr. Ede had to know this was going to come. This is a responsible act because it is eliminating traffic and danger. He supports this motion. There being no further comments, the Public Hearing was closed at 7:59 p.m. A motion by Jess Fields to allow up to three vehicles off street and none on the street died for lack of a second. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields voting against, to adopt an ordinance amending 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. The motion carried. 20 RM090910 Minutes Page 5 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. At approximately 8:12 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:13 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, to adopt 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. The motion carried unanimously. 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. At approximately 8:20 p.m. Mayor Berry opened the Public Hearing. Adam Bippus, 1331 Harvey Mitchell #706, did not come forward to speak. Mike Cronan, 8606 Walnut Bend, stated his support to keep Lick Creek Park as an off-lease park. Lick Creek is unique and serves a lot of different users. It is unique and isolated, and he walks there with his yellow lab and has never seen incidents with dogs. Alex Finch, 422 E. Hunting Tower, Montgomery, said he is unfamiliar with these types of dog parks and asked if dangerous dogs are allowed to enter this park. Jacob Wilke, 1014 Bright Circle, did not come forward to speak. Mayor Gary Halter, 1204 Ashburn, stated that the park was conceived while he was mayor. He reported that the City bought this land at a low cost and so there was little investment. They envisioned a natural park kept in a natural state. The community needed a place to allow dogs to run loose. He has never seen an incident between dogs and people there. He noted that people need to cultivate dogs to deal with humans and other dogs. Lick Creek Park provides that. People who have dogs that aren’t well trained should not have their dogs out there. It is working pretty well at this time. He noted that fenced dog parks are filthy places. Wendy Martin, 4406 Woodland Drive, stated having the park there encourages the community to be more active. Fenced dog parks do not create a habit of activity, and people do not interact with their dogs. Lick Creek Park encourages responsible ownership. Most people that attend are responsible, and those that aren’t are policed by the others. There have only been two incidents in five years. 21 RM090910 Minutes Page 6 Andrew Middleton, 4050 Pendleton, Bryan, thanked the Council for setting up Lick Creek Park. He has been a runner for years and has enjoyed the use of park; however, for the purposes for which it was set up (jogging, cycling, and horseback riding), unleased dogs are a conflict. Lease- free activities are only warranted if the owner maintains voice control. What protects a person on the other end? A dog owner can attest they have control, but oftentimes they really don’t. He’s been jumped on, bitten, and pushed off the trail. There may have been more incidents than those reported. Abigail Bowers, 1407 Airline, said she was looking for a workout, got a dog and took it to Lick Creek Park. She was depressed, has now overcome that and has a support group there. She said she has been almost run over by cyclists. Also, there are wild animals there. There are things more dangerous than unleased dogs at Lick Creek Park. Cindy O’Donovan, 5001 Maidstone Ct., said she is in favor of keeping Lick Creek lease-free. She is out there every morning, and it is the only place in town she can do that. It is a natural area. She has never seen an instance where someone was attacked. Most people with aggressive dogs keep them on leases. She noted that she is also a jogger and a biker . Bob Wharton, 1702 Todd Trail, reported he has been going to Lick Creek since before it opened. He is doing research out there on an annual basis, and he also enjoys the wild life. Based on his experience, about every third group of dogs is not under voice control, varying from dogs running ahead of people to dogs jumping on people. That can be frightful to young children who are smaller than the dogs. It is annoying to have someone’s dog jump on him or come up to him while bird watching. He personally feels there are a lot of those kinds of incidences. Better option is to have it lease-free, but more policed. There being no further comments, the Public Hearing was closed at 8:43 p.m. 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. At approximately 9:09 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:09 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 proceed with 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. The motion carried unanimously. 8. Presentation, possible action, and discussion regarding rescheduling the first City Council meeting in November. 22 RM090910 Minutes Page 7 MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to reschedule the first meeting in November to Wednesday, November 10. The motion carried unanimously. 9. Presentation, possible action, and discussion regarding selection of applicants to various Citizen Boards and Committees. Mayor Berry announced this item would be placed on the Monday, September 13, agenda. 10. Adjournment. MOTION: There being no objection, Mayor Berry adjourned the regular session of the College Station City Council at 9:13 p.m. on Thursday, September 9, 2010. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 23 JM091310 Minutes Page 1 MINUTES OF THE JOINT MEETING WITH BVSWMA, INC. BOARD OF DIRECTORS, CITY OF BRYAN CITY COUNCIL AND CITY OF COLLEGE STATION CITY COUNCIL SEPTEMBER 13, 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 Sherry Mashburn, City Clerk 1. Call to Order and Announce a Quorum is Present With a quorum present, the Joint Meeting with BVSWMA, Inc. Board of Directors, City of Bryan City Council, and the College Station City Council was called to order by Mayor Nancy Berry at 4:35 p.m. on Monday, September 13, 2010 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 2. Presentation, possible action, and discussion of a Borrowed Employee Agreement between the City of College Station and the Brazos Valley Solid Waste Management Agency Inc. MOTION: Upon a motion made and seconded, with Councilmember Maloney abstaining, the City Council voted five (5) for and none (0) opposed, with Councilmember Maloney abstaining, to approve a Borrowed Employee Agreement between the City of College Station and the Brazos Valley Solid Waste Management Agency Inc. The motion carried. 3. Presentation, possible action, and discussion regarding the Asset Transfer and Debt Reimbursement Agreement between BVSWMA Inc., the City of College Station and the City of Bryan. 24 JM091310 Minutes Page 2 MOTION: Upon a motion made and seconded, the BVSWMA Board of Directors, voted seven (7) for and none (0) opposed, to approve the Asset Transfer and Debt Reimbursement Agreement between BVSWMA Inc., the City of College Station and the City of Bryan. The motion carried unanimously. MOTION: Upon a motion made and seconded, the Bryan City Council voted seven (7) for and none (0) opposed, to approve the Asset Transfer and Debt Reimbursement Agreement between BVSWMA Inc., the City of College Station and the City of Bryan. The motion carried unanimously. MOTION: Upon a motion made and seconded, the College Station City Council voted five (5) for and none (0) opposed, with Councilmember Maloney abstaining, to approve the Asset Transfer and Debt Reimbursement Agreement between BVSWMA Inc., the City of College Station and the City of Bryan. The motion carried. 4. Presentation, possible action, and discussion of an Agreement between the City of College Station, the City of Bryan and the Brazos Valley Solid Waste Management Agency Inc. regarding the Assignment and Assumption of Contracts and Payables. MOTION: Upon a motion made and seconded, the BVSWMA Board of Directors, voted seven (7) for and none (0) opposed, to approve an Agreement between the City of College Station, the City of Bryan and the Brazos Valley Solid Waste Management Agency Inc. regarding the Assignment and Assumption of Contracts and Payables. The motion carried unanimously. MOTION: Upon a motion made and seconded, the Bryan City Council voted seven (7) for and none (0) opposed, to approve an Agreement between the City of College Station, the City of Bryan and the Brazos Valley Solid Waste Management Agency Inc. regarding the Assignment and Assumption of Contracts and Payables. The motion carried unanimously. MOTION: Upon a motion made and seconded, the City Council voted five (5) for and none (0) opposed, with Councilmember Maloney abstaining, to approve an Agreement between the City of College Station, the City of Bryan and the Brazos Valley Solid Waste Management Agency Inc. regarding the Assignment and Assumption of Contracts and Payables. The motion carried. 5. Presentation, possible action, and discussion regarding a Final Settlement Agreement and Release related to the final settlement and dismissal of the certain lawsuit referred to as City of Bryan, Texas v. City of College Station, Texas, Cause No. 08-001626-CV-272 in the 272nd District Court of Brazos County, Texas, (“the Lawsuit”); consider the Agreed Motion to Dismiss; and, consider the Agreed Order of Dismissal. MOTION: Upon a motion made and seconded, the Bryan City Council voted seven (7) for and none (0) opposed, to approve a Final Settlement Agreement and Release related to the final settlement and dismissal of the certain lawsuit referred to as City of Bryan, Texas v. City of College Station, Texas, Cause No. 08-001626-CV-272 in the 272nd District Court of Brazos 25 JM091310 Minutes Page 3 County, Texas, (“the Lawsuit”); consider the Agreed Motion to Dismiss; and, consider the Agreed Order of Dismissal. The motion carried unanimously. MOTION: Upon a motion made and seconded, the City Council voted five (5) for and none (0) opposed, with Councilmember Maloney abstaining, to approve the final settlement and dismissal of the certain lawsuit referred to as City of Bryan, Texas v. City of College Station, Texas, Cause No. 08-001626-CV-272 in the 272nd District Court of Brazos County, Texas, (“the Lawsuit”); consider the Agreed Motion to Dismiss; and, consider the Agreed Order of Dismissal. The motion carried. Judge Zimmerman paid tribute to the Cities of Bryan and College Station and remarked that the citizens of this area should be very proud of everyone’s efforts in this regard. He noted these are two very strong-minded cities that remained independent but came together on this remarkable journey over a long time period that will serve this community very well, and he wished this community really knew the difficulty of the endeavor that everybody participated in. The legal counsel in each city was excellent and the efforts of all involved culminated in the marriage of this incredible project. He thanked everyone for permitting him to take part in this remarkable journey. 6. Adjournment MOTION: There being no objection, Mayor Berry adjourned the Joint Meeting with BVSWMA, Inc. Board of Directors, City of Bryan City Council, and the College Station City Council at 4:50 p.m. on Monday, September 13, 2010. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 26 SM091310 Minutes Page 1 MINUTES OF THE SPECIAL CITY COUNCILMEETING CITY OF COLLEGE STATION SEPTEMBER 13, 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 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 6:05 p.m. on Monday, September 13, 2010 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 2. Presentation, possible action, and discussion on an ordinance adopting the City of College Station 2010-2011 Budget; and presentation, possible action and discussion ratifying the property tax revenue increase reflected in the budget. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Ruesink, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields voting against, to adopt the FY 2010-2011 budget, reflecting the adjustments presented at the last Council meeting. The motion carried. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Ruesink, the City Council voted five (5) for and one (1) opposed, with 27 SM091310 Minutes Page 2 Councilmember Fields voting against, to ratify the property tax revenue increase reflected in the budget. The motion carried. 3. Presentation, possible action, and discussion on approval of an ordinance adopting the City of College Station 2010-2011 ad valorem tax rate of $0.447543 per $100 assessed valuation, the debt service portion being $0.220194 per $100 assessed valuation and the operations and maintenance portion being $0.227349 per $100 assessed valuation. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Crompton, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields voting against, to adopt an ad valorem tax rate of $0.447543 per $100 assessed valuation, the debt service portion being $0.220194 per $100 assessed valuation and the operations and maintenance portion being $0.227349 per $100 assessed valuation. The motion carried. 4. Presentation, possible action, and discussion regarding selection of applicants to various Citizen Boards and Committees. Convention and Visitors Bureau: Steve Aldrich Bicycle, Pedestrian, and Greenways Advisory Board: Greg Stiles (Banking, Real Estate); Marcy Halterman-Cox (Health/Kinesiology); Sherry Ellison (Running/Walking); David Russell (Bicycling); Alan King (Landscape Architecture); Jeff Young (Environmental/Ecological Sciences); Dennis Maloney (Chair) Landmark Commission: Gains West (moved up from Alternate, and appointed Chair); Steven Schloss (architect); Hillary Jessup (Alternate) 5. Executive Session In accordance with the Texas Government Code §551.074-Personnel, the College Station City Council convened into Executive Session at 6:50 p.m. on Monday, September 13, 2010 in order to continue discussing matters pertaining to: · 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 Auditor b. Municipal Court Judge c. City Manager d. Council Self-Evaluation The Executive Session adjourned at 9:10 p.m. on Monday, September 13, 2010. 6. Action on Executive Session. No action was required from Executive Session. 28 SM091310 Minutes Page 3 7. Adjournment MOTION: There being no objection, Mayor Berry adjourned the Special Meeting of the College Station City Council at 9:14 p.m. on Monday, September 13, 2010. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 29 September 23, 2010 Consent Agenda Item 2b 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 second 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 is on file in the City Secretary’s Office 30 September 23, 2010 Consent Agenda Item #2c Recycling Collection Franchise To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: : Presentation, possible action, and discussion on the third 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 is on file in the City Secretary’s Office 31 September 23, 2010 Consent Agenda Item 2d Emulsified Asphalt Price Agreement To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, discussion and possible action regarding renewal of an annual price agreement with Ergon Asphalt & Emulsions to provide emulsified asphalt products for the maintenance of streets in an amount not to exceed $60,000. Recommendation(s): Staff recommends approval of the renewal for one year to Ergon Asphalt & Emulsions. Summary: Ergon Asphalt & Emulsions was the successful bidder for the FY2009 blanket purchase agreement. Emulsified asphalt is used for the seal coat process, pothole repair and maintenance of streets in the City. This renewal is the second of two optional annual renewals of the current contract. The contract supports maintenance operations in the Street Maintenance Division. Budget & Financial Summary: Funding is available in the operating budget of the Street Maintenance Division. Attachments: Renewal letter 32 33 34 September 23, 2010 Consent Agenda Item 2e 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 allows for franchise requirements to be used in lieu of registration and construction permit requirements contained in the ROW Maintenance Ordinance. Budget & Financial Summary: Attachments: 1 Ordinance 35 36 37 September 23, 2010 Consent Agenda Item 2f FY 11 Proposed BVSWMA, Inc Budget To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on the FY 2010-2011 BVSWMA, Inc Proposed Budget. Recommendation(s): Staff recommends the Council approve the FY 11 BVSWMA, Inc. Proposed Budget, contingent on approval by the BVSWMA, Inc. Board. Summary: The BVSWMA, Inc proposed budget was presented to the BVSWMA, Inc. Board of Directors on August 18th. According to the By-Laws of BVSWMA, Inc, after the board approves the budget the budget will be presented to the 2 City Council’s for approval. The BVSWMA, Inc Board of Directors will consider the Fiscal Year 2010-2011 BVSWMA, Inc budget at its next Board Meeting. The BVSWMA, Inc Budget was presented to the City Council for consideration at the September 09 City Council Meeting. Budget & Financial Summary: The budget is discussed in detail in the Proposed BVSWMA, Inc Budget document. Attachments: 1. The Proposed Budget has been distributed under a separate cover 38 September 23, 2010 Consent Agenda Item 2g City of Bryan Retail Electric Franchise To: Glenn Brown, City Manager From: David Massey, Director of Electric Utilities Agenda Caption: Presentation, possible action, and discussion on the first reading of a ten (10) year franchise agreement with the City of Bryan for retail sale of electricity within the City of College Station and certificated to Bryan by the Public Utility Commission of Texas. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation(s): Staff recommends approval of the first reading of a ten (10) year franchise agreement with the City of Bryan that allows for use of public rights-of-way for the retail sale of electricity within the City of College Station as certificated to Bryan by the Public Utility Commission of Texas. Summary: This Electric Power Franchise gives the City of Bryan the right to use public rights-of-way within specified areas of College Station in order to provide retail electric service to areas certificated to Bryan by the Public Utility Commission of Texas. This Franchise is for a period of ten years. The development of this Franchise with the City of Bryan has involved negotiations for many years between the electric utilities and legal staffs of both cities. The proposed Franchise defines such things as payments, utility construction and maintenance, conditions of right-of-way occupancy, street lighting, underground installations, records and reporting, insurance requirements, compliance and many other tangential issues associated with a franchise of this type. One important note is that this franchise only applies to areas defined as “Non-Core” areas within the City of College Station – areas that currently have Bryan electric power facilities within College Station. Staff feels that all relevant areas have been fully addressed in this document and recommends approval. 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: The City of Bryan agrees to pay College Station a sum of money equal to five percent (5%) of annual “Gross Receipts” (as defined therein) from its retail sales to electric customers served within the City of College Station. These payments will be made quarterly. Attachments: 1. Franchise Ordinance with City of Bryan for retail sale of electricity within College Station. 2. Attachment A 39 40 41 42 43 44 45 46 47 48 49 50 51 52 September 23, 2010 Consent Agenda Item 2h Agreement for Common Use of Distribution Poles and Transmission Structures To: Glenn Brown, City Manager From: David Massey, Director of Electric Utilities Agenda Caption: Presentation, possible action, and discussion of an Agreement for Common Use of Distribution Poles and Transmission Structures Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation(s): Staff recommends approval of the agreement. Summary: The Agreement for Common Use of Distribution Poles and Transmission Structures is an agreement between the City of College Station and the City of Bryan that allows the electric utility of each city to share poles and structures where possible to avoid duplication of facilities. The City of Bryan is certificated by the Texas Public Utilities Commission in areas within the College Station city limits. It is prudent and in the public interest to avoid duplication of facilities when and where possible. Approval of this agreement will allow for the efficient use of easements and right-of-way as well as other derived benefits related to capital projects such as road widening projects. Budget & Financial Summary: N/A Attachments: 1. Agreement for Common Use of Distribution Poles and Transmission Structures 53 54 55 56 57 58 59 60 61 62 63 64 65 September 23, 2010 Consent Agenda Item 2i Annual Purchase Order for Liquid Chlorine To: Glenn Brown, City Manager From: David Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion regarding the first renewal of a contract with DXI Industries Inc. for the purchase of bulk liquid chlorine, not to exceed $77,220 per year. Relationship to Strategic Goals: Financially sustainable city providing response to core services and infrastructure. Recommendation: Staff recommends approval. Summary: Chlorine is added to our public water supply to ensure disinfection and to meet Texas Department of Health requirements. This commodity was a joint bid with the City of Bryan as bid 09-178. DXI is offering to renew the agreement for both cities at the same price as last year’s agreement, $594.00 per one ton container. Based on our estimated usage of chlorine, the contract is set not to exceed $77,220 per year. This will be the first renewal of this contract and City Staff is pleased with DXI’s service. Since it provides an essential commodity at a fair price with good service, staff recommends approval of the contract renewal. Budget & Financial Summary: Water operating funds are budgeted and available for this item. Attachment: Renewal agreement 66 67 68 September 23, 2010 Consent Agenda Item 2j Municipal Irrigation Water Use Report To: Glenn Brown, City Manager From: Dave Coleman, Director of Water Services Department Agenda Caption: Presentation, possible action, and discussion regarding the monthly report on irrigation water use at City of College Station facilities and properties. Relationship to Strategic Goals: Goal I.1 - Spending taxpayer money efficiently – efficient use of water for irrigation saves taxpayer money. Recommendation: Receive the report and provide direction as appropriate. Summary: This report is presented in furtherance of goals to promote water conservation in City operations. The report contains water usage for irrigation of City facilities, neighborhood parks, athletic fields, and other irrigated areas such as street medians. For each facility, the report includes four data points on irrigation water usage: · Total in FY 2009 vs. Actual for previous 12 months; · Budgeted for last month vs. Actual for last month The water budgets were derived using the Texas Landscape Irrigation Auditing and Scheduling Software developed by the Irrigation Technology Center. The software uses the amount of irrigated acreage, historical weather data, as well as soil and vegetation characteristics to produce a site specific water budget. Each site was analyzed using aerial photographs and GIS calculations for irrigated acreage. Overall, the City did an excellent job in August of conserving water, especially considering that it was an unusually hot and dry month. To summarize the monthly usage: Category Used in Aug Budget for Aug Parks & Fields 10,703 15,215 City Facilities 1,464 2,023 Other Areas 1,771 377 The category “Other Areas” includes medians and islands, where we have recently planted many trees that are not yet established, so usage in this category is well above the budgeted amount. Details are available in the attached report. Budget & Financial Summary: N/A Attachment: Water Use Report – August 2010 69 70 71 72 73 September 23, 2010 Consent Agenda Item 2k Change Order #3 Wastewater Master Plan To: Glenn Brown, City Manager From: David Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion regarding approval of Change Order #3, in the amount of $25,056.68 to contract 09-306 with HDR Engineers, Inc., for additional professional services needed to develop our Wastewater Master Plan and the transfer of $25,056.68 from wastewater contingency to this project. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation: Staff recommends Council approve this change order and contingency transfer. Summary: On October 19th, 2009, City Council approved award of contract 09-306, in the amount of $209,500 to HDR Engineers, Inc. to provide consulting engineering services for a wastewater master plan and collection system planning evaluation. Change Orders 1 and 2 were previously issued to ensure we got good data on the existing flow in the wastewater collection system. CO-1 changed the type of flow monitor that was rented, to use monitors that required less maintenance. CO-2 was required because when we installed the monitors, it stopped raining, and we had to extend the flow monitoring rental 30 days to catch a rain event, to determine wet weather wastewater flows. The proposed Change Order 3 is necessary for proper coordination of the Wastewater Master Plan with City’s Comprehensive Plan. When the scope of work for the master plan was developed, we were not aware that the very broad range of densities allowed by the new Comprehensive Plan would necessitate additional analysis and computer model runs for proper results. Many of the new Land Use categories allow a range of development from very dense to rather sparse, which presents a challenge when modeling the future sewer system that will be required. Using the latest growth projections from our Planning and Development Department, this additional analysis will enable us to determine the improvements that will fill our ultimate needs, in both the collection system and at the wastewater treatment plants, and to refine the time line for capital improvements, both for the five year CIP window and the ten year window of impact fee eligible improvements. This information is crucial for our planning, therefore staff recommends approval. Budget & Financial Summary: These additional needs were discovered during the planning process and were not previously funded. $36,200 is available in the wastewater contingency fund. This request is to authorize both the transfer from contingency and the expenditure of these funds. The expense remains approximately ½ of 1% of the projected capital expenditures for the next five years and will provide a basis for properly sizing, prioritizing and sequencing those improvements. Attachment: Change Order 3 74 75 76 77 78 September 23, 2010 Consent Agenda Item 2L College Station Business Advisory Committee To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Relationship to Strategic Goals: Goal III.6 CS Economic Development Corporation Agenda Caption: Presentation, possible action, and discussion regarding the formation of the College Station Business Advisory Committee. Recommendation(s): Staff recommends that the City Council approve the resolution that creates the College Station Business Advisory Committee. Summary: At the September 23rd workshop meeting staff provided the City Council a presentation outlining the conceptual work plan for the College Station Business Advisory Committee. This presentation identified an operating structure, its four key functions, and a list of prospective members. Staff has drafted an enabling resolution that will create the College Station Business Advisory Committee. Budget & Financial Summary: Initial startup cost for the Business Advisory Committee will be absorbed in the FY 2011 budget. Attachments: 1. Enabling Resolution 79 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF COLLEGE STATION, TEXAS, AUTHORIZING AND CREATING A COMMITTEE OF ADVISORS/AMBASSADORS TO FURTHER ECONOMIC DEVELOPMENT FOR THE CITY OF COLLEGE STATION NAMED COLLEGE STATION BUSINESS ADVISORY COMMITTEE. WHEREAS, the City Council of the City of College Station wishes to promote and encourage economic development in College Station; and, WHEREAS, citizens have volunteered to help sell, tell the story of, and promote the City of College Station; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS: PART 1: That the City Council of College Station, Texas hereby approves the creation of a committee of up to 7 members to act as Advisors/Ambassadors to help promote economic and retail development for College Station, Texas. PART 2: That the committee of selected Advisors/Ambassadors through the Economic & Community Development Director shall greet, sell, and tell the story of College Station, and assist the Economic & Community Development Director, City Manager and City Council. PART 3: That the activity of the committee of Advisors/Ambassadors shall be to coordinate with and through the Economic & Community Development Director, and to provide advice and assistance for economic development, and PART 4: That this resolution shall be effective immediately from and after its passage. ADOPTED this day of , 2010. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney 80 September 23, 2010 Consent Agenda Item 2m CSU Replacement Distribution Circuit Breakers To: Glenn Brown, City Manager From: David Massey, Director of Electric Services Agenda Caption: Presentation, possible action, discussion, and approval on awarding Bid No. 10-79 for the purchase of five distribution circuit breakers for the Electric Utility to WESCO Distribution, Inc. in the amount of $101,490.00. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation: Staff recommends award to the lowest responsible bidder meeting design specifications, WESCO Distribution, Inc. for expenditures totaling $101,490.00. Two bids were received: I. WESCO Distribution, INC. $101,490.00 II. Mitsubishi Electric $110,775.00 Summary: This purchase will be made upon approval by Council. Since it may take as long as 14 weeks for delivery after ordering, it is necessary to make this purchase as soon as possible to coincide with the new budget cycle. This will ensure that these items are available before Fall and can be installed during the off peak season, and that we continue to meet our Arc Flash protection projections. Budget & Financial Summary: Two sealed, competitive bids were received. Funds for this item are budgeted for distribution substation additions and replacements in the Electric Capital Improvement Projects Fund for FY11. The current budget for this project is $125,000. Attachments: Bid Tab 81 City of College Station - Purchasing Department Bid Tabulation for #10-79 "Distribution Circuit Breakers" Open Date: Friday, July 23, 2010 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT BID AMOUNT TOTAL BID AMOUNT UNIT BID AMOUNT TOTAL BID AMOUNT 1 5 EA Distribution Circuit Breaker,1200 Amp Continuous per specs $20,298.00 $101,490.00 $22,155.00 $110,775.00 $101,490.00 $110,775.00 Certification from bid package Prompt Payment Discount GRAND TOTAL (All Items) Wesco Distribution (San Antonio, TX) Mitsubishi Electric (Arrendale, PA)  0%0% ABB MITSUBISHIManufacturer Delivery After Receipt of PO 14 weeks 14-15 weeks Page 1 of 182 September 23, 2010 Consent Agenda Item 2n Police Department E-Citation Replacement Equipment Purchase To: Glenn Brown, City Manager From: Ben Roper, IT Director Agenda Caption: Presentation, possible action, and discussion regarding approval to purchase Police Department’s Electronic Citation Replacement Equipment, hand held units from Advanced Public Safety (APS) for an amount not to exceed $66,459.35. Relationship to Strategic Goals: Goal I.8 Evaluate public safety needs Recommendation(s): Staff recommends approval. Summary: This request is to change the supplier of the handheld unit used in the PD Electronic Citation program from the vendor originally approved by Council on July 8, 2010. On July 08, 2010 Council approved the purchase of the Police Department’s Electronic Citation Replacement Equipment from SHI in the amount of $103,132.00 (Consent Item # 2.h). The handheld units included in the original SHI quote were discontinued. SHI sent the replacement model for the APS supplied part number. The replacement hand held equipment SHI provided as a replacement would not work with the APS application software and was returned. This purchase is exempt from competitive bidding LGC 252.022 (7) (D) items that are available from only once source, including captive replacement parts or components for equipment. APS has provided a new hand held unit part number, that is not discontinued and that APS will certify this unit to work with their software Application. Budget & Financial Summary: Funding for this purchase will come from the Equipment Replacement Fund and Court Technology Fund. Attachments: APS Quote 83 500 Fairway Drive, Suite 204 Deerfield Beach, Florida 33441 954-354-3000 (Main) 954-354-3001 (Fax) www.aps.us Date: 9/2//2010 Agency Details Contact: Don Davis Order No: 0067000000Ipfbr Agency Name: College Station Police Department Contact Name: Wayne Randolph Address: 2611 Texas Ave, suite A (512) 705-5105 City, State & Zip: College Station, TX 77840 wrandolph@aps.us QTY PRODUCT NAME PRODUCT DESCRIPTION TOTAL PRICE 31 Motorola MC75A Handheld BT MC75A BT, WLAN 802.11 A/B/G, 2D Imager, Camera, 256MB/1GB, 1.5 Ext Battery, QWERTY, & GPS, WM 6.5 31 Motorola MC75 Extended Warranty - 3 Year Bronze No Hassle Warranty with 3-day turnaround time – all materials, parts and labor. Expert repair of product to original manufacturing specifications, by the manufacturer. 1 _Shipping & Handling Loading of PC Build, Shipping & Handling $66,459.35 You have received a discount of (USD) $25,210.75 Pricing is guaranteed 90 days from date of proposal All Customer purchase orders for APS products and services are subject to APS’ End User License Agreement and Terms and Conditions of Sale, which can be viewed at http://www.aps.us/downloads/agreement.pdf. Such terms, along with any additional terms and conditions agreed to and accepted by APS in Customer’s purchase order or otherwise stipulated in writing, shall prevail over any differing or conflicting terms in this Proposal. Payment Terms: Ship & Invoice Notes Terms and Conditions 84 September 23, 2010 City Council Consent Agenda Item 2o Renewal Agreement for a Landscape Maintenance Service Contract with Landscape, USA To: Glenn Brown, City Manager From: David Schmitz, Assistant Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion regarding a Renewal Agreement for a Landscape Maintenance Service Contract for thirty (30) sites comprised of parks, streets, open space, and greenways with Landscapes, USA. This renewal will be on a month-to-month basis, with monthly payments based upon the Fiscal Year 2011 annual amount of $250.998.63. Monthly payments are not to exceed $20,916.55. Relationship to Strategic Goals: Goal I: Financially Sustainable City Providing Response to Core Services and Infrastructure; Action 1: Spending Taxpayer Money Efficiently. Recommendation(s): Staff recommends renewal of the Landscape Maintenance Service Contract with Landscapes, USA on a month-to-month basis. Summary: Landscapes, USA was the lowest responsible bidder on Sections II and III of Bid #09-81 in September 2009. The base bid amount of $265,787.00 was for all materials, machinery, equipment, supervision and labor necessary to commence and complete normal turf, ornamental plantings, and irrigation system maintenance operations for twenty-seven (27) locations throughout the city. After two change orders, that amount equaled $253,563.00 For Fiscal Year 2011, a 1% price increase to the contract has been added, as allowed by contract. In addition, the irrigation allowance has been reduced by $5,000 to more closely match historical expenditures. The FY 2011 annual amount is $250,998.63. With organizational and operational changes, the city is moving towards consolidation of similar service contracts into one area. These changes are expected to result in a budget savings to the city of approximately $50,000. The anticipated savings has been included as part of the FY 2011 budget. Numerous additional sites will be moved from in-house maintenance to contract maintenance. This will change the scope, specifications, and delivery methods for the current contracts. Due to these changes, the existing contracts will be renewed on a month-to-month basis until such time as new bids are solicited, received and approved. This contract will begin on October 1, 2010 and is expected to end on January 31, 2011. Locations covered by this contract include: 1. Barron Road 11. Fitch Parkway Phase II 21. Southland Street lots 2. Castlegate Park 12. FM 2818 Crepe Myrtles 22. Tarrow Medians 3. Castle Rock Park 13. Freeman Tract 23. Texas Avenue Phase I 4. Cove of Nantucket Park 14. G. Bush Dr. East 24. Texas Avenue Phase II 5. Crescent Pointe Park 15. G. Bush Dr. Medians 25. Unity Plaza 6. Business Center 16. Hereford/Winding Median 26. University Dr. Medians 7. Dartmouth Street 17. Krenek Tap Crossing 27. University Park 8. Eagle Avenue 18. Northgate Park 28. Woodland Hills Park 9. Edelweiss Gartens Park 19. Providence Church Site 29. WPC Park 10. Fitch Parkway Phase I 20. Rock Prairie Medians 30. WPC Trails 85 Budget & Financial Summary: Funding for the thirty (30) sites included in Section II and III of Bid #09-81 has been included in the proposed FY 2011 budget in the General Fund - Parks and Recreation Department. Attachments: 1. Renewal Agreement Form 86 87 88 89 September 23, 2010 City Council Consent Agenda Item 2p Renewal Agreement for a Landscape Maintenance Service Contract with Rainbow Gardens Nursery To: Glenn Brown, City Manager From: David Schmitz, Assistant Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion regarding a Renewal Agreement for a Landscape Maintenance Service Contract for seventeen (17) sites comprised of various municipal facilities with Rainbow Gardens Nursery. This renewal will be on a month-to-month basis, with monthly payments based upon the annual Fiscal Year 2011 amount of $113,904. Monthly payments are not to exceed $9,492.00. Relationship to Strategic Goals: Goal I: Financially Sustainable City Providing Response to Core Services and Infrastructure; Action 1: Spending taxpayer money efficiently. Recommendation(s): Staff recommends renewal of the Landscape Maintenance Service Contract, with Rainbow Gardens Nursery on a month-to-month basis. Summary: Rainbow Gardens Nursery was the lowest responsible bidder on Section I of Bid #09-81 in September 2009. The base bid amount of $147,168.00 for Section I of Bid #09-81 was for all materials, machinery, equipment, supervision and labor necessary to commence and complete normal turf, ornamental plantings, and irrigation system maintenance operations for seventeen (17) municipal facility locations throughout the city. After four change orders, that amount equaled $116,619.00. For Fiscal Year 2011, the irrigation allowance has been reduced by $2,500.00 to more closely match historical expenditures. It was also reduced by another $215.00, due to the loss of seasonal color beds at the Utility Customer Service Building and the addition of crepe myrtle pruning at Fire Station #3. The FY 2011 annual amount is $113,904.00. With organizational and operational changes, the city is moving towards consolidation of similar service contracts into one area. These changes are expected to result in a budget savings to the city of approximately $50,000. The anticipated savings has been included as part of the FY 2011 budget. Numerous additional sites will be moved from in-house maintenance to contract maintenance. This will change the scope, specifications, and delivery methods for the current contracts. Due to these changes, the existing contracts will be renewed on a month-to-month basis until such time as new bids are solicited, received and approved. This contract will begin on October 1, 2010 and is expected to end on January 31, 2011. Locations covered by this contract include: 1. Arts Council 7. Fire Station #2 13. Northgate Promenade 2. Carter Creek WWTP 8. Fire Station #3 14. PD-Cy Miller Park 3. Chimney Hill 9. Fire Station #5 15. Public Works 4. City Hall/Community Dev. 10. Ringer Library 16. Utility Customer Service 5. Conference Center 11. Municipal Court 17. Utility Service Center 6. Fire Station #1 12. Northgate Garage 90 Budget & Financial Summary: Funding for the seventeen (17) sites included in Section I of Bid #09-81 has been included in the proposed FY 2011 budget in the General Fund - Parks and Recreation Department, Parking Fund, Electric Fund, Wastewater Fund, and Economic Development Fund. Attachments: 1. Renewal Agreement Form 91 92 93 94 September 23, 2010 Consent Agenda Item 2q CSU Joint Transmission Protective Relay Study To: Glenn Brown, City Manager From: David Massey, Director of Electric Utilities Agenda Caption: Presentation, possible action and discussion regarding approval of Contract 10-272 to Black & Veatch Corp. to perform engineering analysis and a coordination study on the CSU Electric transmission system in conjunction with Brazos Electric Cooperative and BTU for an amount not to exceed $71,500. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation: Staff recommends awarding this contract to Black & Veatch Corp. to perform this study as part of a regional study with neighboring utilities. This shared study will ensure that all the neighboring systems are adequately protecting utility assets. The College Station share of the study is not to exceed $71,500. Summary: With the addition of new substations and transmission lines, it is time to conduct an engineering analysis of our transmission system and its operation within the ERCOT grid. This study will provide a comprehensive engineering review of the transmission protection scheme and interface with the ERCOT transmission grid and will provide recommendations for any updates that need to be made to the transmission protection system. The combining of this study with our neighboring utilities will provide synergies that allow this study to be done for about one third the cost of an independent study. This expenditure will be made upon approval by Council. Budget & Financial Summary: Funds for this item are budgeted in the Electric Department O&M for FY11. Attachments: Contract is on file in the City Secretary’s Office 95 September 23, 2010 Consent Agenda Item 2r Wolf Pen Creek Water Feature and Festival Area Project (WP-0901) Alternate Construction Delivery Method To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion approving a resolution authorizing the use of competitive sealed proposals (CSP) as the delivery method for the Wolf Pen Creek Water Feature and Festival Area project. Relationship to Strategic Goals: Goal III, Diverse Growing Economy Recommendation(s): Staff recommends approval of the resolution. Summary: This item provides for the use of competitive sealed proposals (CSP) for the construction of the Wolf Pen Creek Water Feature and Festival Area project. CSP is a process that allows the City to consider the qualifications of the contractor as well as the bid price in selecting a contractor once the construction plans and specifications are complete. Budget & Financial Summary: This project is funded from the Wolf Pen Creek TIF Fund in the amount of $3,500,000.00. As part of a development agreement, $1,200,000.00 is obligated for the design and construction of a water feature. Funds in the amount of $524,980.70 have been expended or committed to date, leaving a balance of $2,975,019.30 for the completion of the project. Attachments: 1. Resolution 2. Project Location Map 96 97 Project Site H A R V E Y R D TEXAS AVE S H O L L E M A N D R EDARTMOUTH ST M A N U E L D R S O U T H W E S T P K W Y E D O M I N I K D R ANDERSON ST K R E N E K T A P R D R I C H A R D S S T S T E R L I N G S T MUNSON AVE U N I V E R S I T Y O A K S B L V D C O L G A T E D R F R O N T A G E 6 R D W CORNELL DR B R E N T W O O D D R E E A R L R U D D E R F W Y S CYPRESS DR S T A L LIN G S D R F R O N T A G E 6 R D E GEORGE BUSH DR E CENTRAL PARK LN ALLEY H A R D W O O D L N G I L C H R I S T A V E S O U T H W E S T P K W Y A Z A L E A C T EASTMARK DR B R E N T W O O D D R P I N E R I D G E D R C A M E L L I A C T LEMON TREE LN ATHENS DR C O L G A T E C I R W I L L I A M K I N G C O L E D R BARTHELOW DR TEAL DR ASHFORD DR OLYMPIA WAY ARCTIC O A K F O R E S T M H P N E L S O N L N T H O R N T O N C THARVARD C T DARTMOUTH ST ALLEYALLEY ALLEY WOLF PEN CREEK PARK OAKS PARK LEMONTREE PARK PARKWAY PARK CY MILLER PARKBEE CREEK PARK & ARBORETUM CENTRAL PARK Wolf Pen Creek Water FeatureandFestival Area Ü1,000 0 1,000500 Feet 98 September 23, 2010 Consent Agenda Item 2s Annual Exemptions To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion to authorize expenditure of funds for FY'11, items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022; and other expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000. Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently Recommendation(s): Staff recommends approval of the purchase requests as listed. Summary: The following are purchases that are exempt from competitive bidding in accordance with Local Government Code 252.022 (a) (7) (A); and other purchases greater than $50,000 available from one source. The following purchase requests are available from only one source and thereby exempt from competitive bidding in accordance with LGC 252.022 (a)(7) (A) Items that are available from only one source because of patents, copyrights, secret processes, or other natural monopolies: U.S. Postmaster (postage - IT/Mail) FY11-$70,000; FY10-$80,000 The following purchase requests are available from one source and thereby exempt from competitive bidding in accordance with LGC 252.022 (a)(7) (D) captive replacement parts or components for equipment, computer software and hardware maintenance and equipment lease and maintenance: Sungard Public Sector (H T E application maintenance) FY11-$164,200; FY10- $165,000 EnRoute Emergency System LLC (formerly GEAC) (application software upgrade/maintenance - Public Safety System) FY11-$145,540; FY10-$140,000 The following purchase requests are considered professional services and thereby exempt from competitive bidding in accordance with LGC 252.022 (a)(4) procurement for personal, professional, or planning services: CME (geotechnical and construction testing services) FY11-$65,000; FY10-$86,000 Terracon (geotechnical and construction testing services) FY11-$65,000; FY10- $65,000 Joe Orr Surveying (land surveying) FY11-$100,000; FY10-$88,500 Freeman & Corbett (CCN legal issues) FY11-$50,000 The following purchases are available from one source and thereby exempt from competitive bidding in accordance with LGC 252.022 (a) (7) (c) gas, water, and other utility service. City of Bryan (utilities for Wells and Pump Station) FY11-$1,200,000; FY10- $1,200,000 99 Verizon (local phone services) FY11-$100,000; FY10-$101,700 The following purchases are made pursuant to interlocal agreements with various agencies: ILA with City of Bryan for Library services: Bryan Public Library (operational expenses for CS Public Library) FY11-$1,006,905; FY10-$981,181 ILA with Brazos Valley Wide Area Communications System: BV Council of Governments (managing entity for BVWACS) FY11-$118,578; FY10- $132,000 Collaborative Agreement between Texas A&M University and nine other entities for Brazos Valley Community Network (BVCNet) Project: Texas A&M University FY11-$13,000; FY10-$11,700 ILA with Brazos County, City of Bryan and Texas A&M University for the Community Emergency Operations Center (CEOC) Lease, City of Bryan FY11-$57,672; FY10-$56,268 ILA with the Texas Procurement and Support Services (State Contract): AT&T Wireless (DIR)(wireless phone/data) FY11-$100,000; FY10-$107,500 ILA with Purchasing Solutions Alliance (Program of BVCOG) Office Max (office supplies) FY11-$85,000; FY10-$97,300 The following purchase requests are for mandated state fees to the Texas Commission on Environmental Quality (TCEQ), and the Brazos Valley Groundwater Conservation District. TCEQ (inspections/assessments, permitting fees - W/WW) FY11-$135,000; FY10- $100,000 BV Groundwater Conservation District FY11-$200,000; FY10-$200,000 Budget & Financial Summary: Funds are either available and budgeted for each of the listed purchase requests in the fiscal year 2010-2011 budget in various funds of the City or if necessary will be made available by proposing an appropriate budget amendment or contingency transfer. Attachments: None 100 September 23, 2010 Consent Agenda Item 2t Annual Steel, Concrete and Fiberglass Distribution Poles To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion regarding the award of Bid #10-89 for steel distribution poles (Group A & B) to TransAmerican Power for $176,005.00, fiberglass composite poles (Group C) to HD Supply for $89,540.00, and concrete pole (Table A-1 & A-2) to Texas Electric Coop for $260,530.00. Total expenditure is $526,075.00. Group D item will not be awarded. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends awarding to the lowest, responsible bidder meeting specifications as listed below for a total estimated yearly amount of $526,075.00. Group A & B TransAmerican Power $176,005.00 Group C HD Supply $89,540.00 Table A-1 & A-2 Texas Electric Coop $260,530.00 TOTAL AWARD $526,075.00 Summary: These purchases will be made as needed during the term of the agreement. The poles are maintained in the electrical inventory and expensed as necessary. These poles are bought as needed and kept in stock for emergency purposes also. The term of agreement shall be for one year with up to two one-year renewal options. Budget & Financial Summary: Twelve (12) sealed, competitive bids were received and opened on August 9, 2010. Funds are budgeted and available in the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Attachments: Bid Tabulation 10-89 101 City of College Station - Purchasing Department Bid Tabulation for #10-89 "Annual Price Agreement for Steel and Prestressed Concrete Distribution Poles for Electric Inventory" Open Date: Monday, August 9, 2010 @ 2:00 p.m. ITEM Est. Annual Usage UNIT DESCRIPTION Inventory No.UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST A-1 20 Ea 30' steel pole 285-065-00020 $0.00 $801.05 $16,021.00 $1,204.00 $24,080.00 $0.00 $486.00 $9,720.00 $628.00 $12,560.00 A-2 20 Ea 40' steel pole 285-065-00010 $0.00 $1,288.40 $25,768.00 $1,496.00 $29,920.00 $0.00 $874.00 $17,480.00 $918.00 $18,360.00 A-3 50 Ea 45' steel pole 285-065-00011 $0.00 $1,684.21 $84,210.50 $1,652.00 $82,600.00 $0.00 $1,279.00 $63,950.00 $1,188.00 $59,400.00 A-4 20 Ea 50' steel pole 285-065-00012 $0.00 $1,894.74 $37,894.80 $1,880.00 $37,600.00 $0.00 $1,453.00 $29,060.00 $1,926.00 $38,520.00 A-5 5 Ea 55' steel pole 285-065-00013 $0.00 $2,067.37 $10,336.85 $2,429.00 $12,145.00 $0.00 $1,685.00 $8,425.00 $2,387.00 $11,935.00 TOTAL $0.00 $174,231.15 $186,345.00 $0.00 $128,635.00 $140,775.00 B-1 10 Ea 50' Steel self supporting pole with 6 degree angle 285-065-00016 $0.00 $1,928.42 $19,284.20 $2,024.00 $20,240.00 $0.00 $1,569.00 $15,690.00 $1,986.00 $19,860.00 B-2 10 Ea 50' steel self supporting pole with 12 degree angle 285-065-00017 $0.00 $2,665.26 $26,652.60 $2,410.00 $24,100.00 $0.00 $1,978.00 $19,780.00 $4,025.00 $40,250.00 B-3 10 Ea 50' steel self supporting pole with 18 degree angle 285-018-00018 $0.00 $2,971.58 $29,715.80 $2,769.00 $27,690.00 $0.00 $2,285.00 $22,850.00 $4,056.00 $40,560.00 TOTAL $0.00 $75,652.60 $72,030.00 $0.00 $58,320.00 $100,670.00 TOTAL STEEL POLES $249,883.75 $258,375.00 $186,955.00 $241,445.00 C-1 20 Ea 40' fiberglass composite class 2 wood equivalent pole 285-065-00024 $0.00 $0.00 $992.00 $19,840.00 $0.00 $0.00 $1,563.00 $31,260.00 C-2 40 Ea 45' fiberglass composite class 2 wood equivalent pole 285-065-00022 $0.00 $0.00 $1,130.00 $45,200.00 $0.00 $0.00 $2,000.00 $80,000.00 C-3 20 Ea 50' fiberglass composite class 2 wood equivalent pole 085-065-00025 $0.00 $0.00 $1,225.00 $24,500.00 $0.00 $0.00 $2,474.00 $49,480.00 TOTAL $0.00 $0.00 $89,540.00 $0.00 $0.00 $160,740.00 D-1 3 Ea 50' fiberglass composite pole with 12 285-065-00026 $0.00 $0.00 $0.00 $0.00 $0.00 $3,105.00 $9,315.00 A-1 5 Ea 35' prestressed spun cast concrete pole 540-070-00020 $1,186.00 $5,930.00 $1,261.70 $6,308.50 $0.00 $1,181.00 $5,905.00 $0.00 $1,342.00 $6,710.00 A-2 10 Ea 40' prestressed spun cast concrete pole 540-070-00010 $1,186.00 $11,860.00 $1,261.70 $12,617.00 $0.00 $1,335.00 $13,350.00 $0.00 $1,342.00 $13,420.00 A-3 80 Ea 45' prestressed spun cast concrete pole 540-070-00008 $1,527.00 $122,160.00 $1,624.46 $129,956.80 $0.00 $1,560.00 $124,800.00 $0.00 $1,330.00 $106,400.00 A-4 15 Ea 50' prestressed spun cast concrete pole 540-070-00009 $1,721.00 $25,815.00 $1,830.85 $27,462.75 $0.00 $1,755.00 $26,325.00 $0.00 $1,660.00 $24,900.00 A-5 35 Ea 55' prestressed spun cast concrete pole 540-070-00011 $2,016.00 $70,560.00 $2,144.68 $75,063.80 $0.00 $1,930.00 $67,550.00 $0.00 $1,342.00 $46,970.00 TOTAL $236,325.00 $251,408.85 $0.00 $237,930.00 $0.00 $198,400.00 A-6 10 Ea 50' prestressed spun cast concrete self- supporting pole 6 degree angle 540-070-00021 $2,160.00 $21,600.00 $2,297.87 $22,978.70 $0.00 $1,930.00 $19,300.00 $0.00 $1,728.00 $17,280.00 A-7 10 Ea 50' prestressed spun cast concrete self supporting pole 12 degree 540-070-00018 $2,529.00 $25,290.00 $2,690.43 $26,904.30 $0.00 $2,608.00 $26,080.00 $0.00 $2,128.00 $21,280.00 A-8 10 Ea 50' prestressed spun cast concrete self supporting pole 18 degree angle 540-070-00019 $3,177.00 $31,770.00 $3,379.79 $33,797.90 $0.00 $3,087.00 $30,870.00 $0.00 $2,357.00 $23,570.00 TOTAL $78,660.00 $83,680.90 $0.00 $76,250.00 $0.00 $62,130.00 TOTAL CONCRETE POLES $314,985.00 $335,089.75 $0.00 $314,180.00 $0.00 $260,530.00 TEC STRESSCRETE INC.WESCO DISTRIBUTION HD UTILITIES SUPPLY SUPERIOR POWER POLES SANPEC, INC. Group A - Steel Distribution Poles Group B - Self Supporting Steel Distribution Poles Group C - Fiberglass Composite Distribution Poles Group D - Self Supporting Fiberglass Distribution Poles Table A-2 Prestressed Spun Cast Concrete Distribution Poles Table A-1 Prestressed Spun Cast Concrete Distribution Poles Page 1 of 2102 City of College Station - Purchasing Department Bid Tabulation for #10-89 "Annual Price Agreement for Steel and Prestressed Concrete Distribution Poles for Electric Inventory" Open Date: Monday, August 9, 2010 @ 2:00 p.m. ITEM Est. Annual Usage UNIT DESCRIPTION Inventory No.UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST UNIT COST EXTENDED COST A-1 20 Ea 30' steel pole 285-065-00020 $931.25 $18,625.00 $1,218.00 $24,360.00 $558.00 $11,160.00 $1,362.00 $27,240.00 $526.00 $10,520.00 $1,493.00 $29,860.00 A-2 20 Ea 40' steel pole 285-065-00010 $1,547.50 $30,950.00 $1,836.00 $36,720.00 $878.00 $17,560.00 $1,667.00 $33,340.00 $697.00 $13,940.00 $1,860.00 $37,200.00 A-3 50 Ea 45' steel pole 285-065-00011 $1,602.50 $80,125.00 $2,207.00 $110,350.00 $1,101.00 $55,050.00 $1,843.00 $92,150.00 $757.00 $37,850.00 $2,175.00 $108,750.00 A-4 20 Ea 50' steel pole 285-065-00012 $2,313.75 $46,275.00 $2,481.00 $49,620.00 $1,369.00 $27,380.00 $2,051.00 $41,020.00 $826.00 $16,520.00 $2,383.00 $47,660.00 A-5 5 Ea 55' steel pole 285-065-00013 $2,852.50 $14,262.50 $2,769.00 $13,845.00 $1,543.00 $7,715.00 $2,360.00 $11,800.00 $956.00 $4,780.00 $2,602.00 $13,010.00 TOTAL $190,237.50 $234,895.00 $118,865.00 $205,550.00 $83,610.00 $236,480.00 B-1 10 Ea 50' Steel self supporting pole with 6 degree angle 285-065-00016 $2,928.75 $29,287.50 $2,489.00 $24,890.00 $1,459.00 $14,590.00 $2,350.00 $23,500.00 $1,019.00 $10,190.00 $2,536.00 $25,360.00 B-2 10 Ea 50' steel self supporting pole with 12 degree angle 285-065-00017 $3,126.50 $31,265.00 $3,064.00 $30,640.00 $2,017.00 $20,170.00 $2,781.00 $27,810.00 $0.00 $3,455.00 $34,550.00 B-3 10 Ea 50' steel self supporting pole with 18 degree angle 285-018-00018 $4,120.00 $41,200.00 $3,477.00 $34,770.00 $2,238.00 $22,380.00 $3,134.00 $31,340.00 $0.00 $3,655.00 $36,550.00 TOTAL $101,752.50 $90,300.00 $57,140.00 $82,650.00 $96,460.00 TOTAL STEEL POLES $291,990.00 $325,195.00 $176,005.00 $288,200.00 $83,610.00 $332,940.00 C-1 20 Ea 40' fiberglass composite class 2 wood equivalent pole 285-065-00024 $1,104.45 $22,089.00 $0.00 $0.00 $0.00 $0.00 $0.00 C-2 40 Ea 45' fiberglass composite class 2 wood equivalent pole 285-065-00022 $1,200.00 $48,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 C-3 20 Ea 50' fiberglass composite class 2 wood equivalent pole 085-065-00025 $1,449.00 $28,980.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $99,069.00 $0.00 $0.00 $0.00 $83,610.00 $429,400.00 D-1 3 Ea 50' fiberglass composite pole with 12 degree angle 285-065-00026 $3,352.00 $10,056.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-1 5 Ea 35' prestressed spun cast concrete pole 540-070-00020 $2,025.00 $10,125.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-2 10 Ea 40' prestressed spun cast concrete pole 540-070-00010 $2,025.00 $20,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-3 80 Ea 45' prestressed spun cast concrete pole 540-070-00008 $2,053.00 $164,240.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-4 15 Ea 50' prestressed spun cast concrete pole 540-070-00009 $2,132.00 $31,980.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-5 35 Ea 55' prestressed spun cast concrete pole 540-070-00011 $2,211.00 $77,385.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $303,980.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-6 10 Ea 50' prestressed spun cast concrete self- supporting pole 6 degree angle 540-070-00021 $2,321.00 $23,210.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-7 10 Ea 50' prestressed spun cast concrete self supporting pole 12 degree 540-070-00018 $2,580.00 $25,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 A-8 10 Ea 50' prestressed spun cast concrete self supporting pole 18 degree angle 540-070-00019 $2,822.00 $28,220.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $77,230.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CONCRETE POLES $381,210.00 $0.00 $0.00 $0.00 $0.00 $0.00 Indication Successful bidder meeting specifications. Indicate did not meet specification. Group D Item will not be awarded. **V&S SCHULER TUBULARTECHLINETRINITY TRANSMISSION TRANSAMERICAN POWER SABRE ENERGY REPS/McWANE Group D - Self Supporting Fiberglass Distribution Poles Table A-1 Prestressed Spun Cast Concrete Distribution Poles Group A - Steel Distribution Poles Group B - Self Supporting Steel Distribution Poles Group C - Fiberglass Composite Distribution Poles Table A-2 Prestressed Spun Cast Concrete Distribution Poles Page 2 of 2103 September 23, 2010 Consent Agenda Item 2u Wood Pole Treatment & Inspection Contract Assignment Consent To: Glenn Brown, City Manager From: David Massey, Director of College Station Electric Utilities Department Agenda Caption: Presentation, discussion, and possible action regarding the consent for Assignment and Assumption of Contract 10-149 to Osmose Utilities Services, Inc. for Wood Pole Treatment and Inspection services. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends Council consent to the Assignment and Assumption of Contract 10-149 to Osmose Utilities Services, Inc. for Wood Pole Treatment and Inspection services. Summary: On May 17, 2010 Council awarded Contract 10-149 to Pole Maintenance Company, LLC in the amount of $180,861.20 for Wood Pole Treatment and Inspection services. The Contract provides that the contract may not be assigned without written consent of the City. Pole Maintenance Company, LLC has been sold to Osmose Utilities Services, Inc. and Osmose has agreed to assume all Pole Maintenance’s rights and obligations under Contract 10-149. Osmose originally bid on the contract and is able to perform the work under the contract. Osmose has provided the necessary insurance coverage. Budget & Financial Summary: Funds are budgeted and available in the College Station Utilities Electric Distribution Capital Improvement Project Budget. Attachments: 1. Assignment & Assumption Agreement 104 105 106 107 108 109 110 111 September 23, 2010 Consent Agenda Item 2v Lodge Street No Parking Zone To: Glenn Brown, City Manager From: David Gwin, Director, Economic and Community Development Agenda Caption: Presentation, possible action and discussion of an ordinance amending Chapter 10 “Traffic Code”, to add Section J. “Lodge Street Parking” for the implementation of a No Parking Zone during times in which the street becomes two-way for vehicular traffic. Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: In the fall of 2008, it was determined that portions of College Main and Lodge Street needed to be regularly closed to through vehicular traffic between the hours of 10:00 P.M. and 3:00 A.M. on Thursday, Friday and Saturday evenings to assist in the furtherance of public safety in Northgate. Additionally, it was also determined that Lodge Street should be switched from one-way to two-way traffic during these times to allow vehicular access to the parking lot immediately behind the 400 block of University Drive when these temporary closures are deployed. In order to efficiently and safely implement both on an ongoing basis, it is necessary that vehicles not park at the eight (8) metered spaces located on both sides of Lodge Street during the above referenced time period. Creation of the no parking zone on Lodge Street during these times was the result of much stakeholder discussion and input, and this ordinance will just codify the current practice and provide for public notification and its ultimate enforcement. The attached ordinance provides that parking is not permitted between the hours of 10:00 P.M. and 4:00 A.M. on Thursday, Friday, and Saturday Evenings and that any vehicles parked at the metered spaces are subject to immediate removal and/or a parking citation. In addition to “bagging” the meters during this time period, staff is prepared to install instructional signage immediately upon adoption of the ordinance. During all other time periods, Lodge Street will remain a one-way street and allow on-street parking on both sides. Budget & Financial Summary: The “No Parking” signage cost approximately $110 and is accounted for in the Parking Enterprise Fund budget. Attachments: 1. Ordinance 2. Map 112 113 114 Lodge College Main P a t r i c i a U n i v e r s i t y D r i v e Lodge Street Parking Restriction 115 September 23, 2010 Consent Agenda Item 2w Smoking Ordinance Amendment To: Glenn Brown, City Manager From: Hayden Migl, Assistant to the City Manager Agenda Caption: Presentation, possible action, and discussion regarding a proposed amendment to the City’s smoking ordinance defining smoking-related medical or scientific research and adding it as an exception. Recommendation(s): Staff recommends approval of the amendment. Summary: Staff has been contacted by a professor involved in smoking cessation research in the Department of Psychology at Texas A&M University regarding a possible amendment to the smoking ordinance defining smoking-related medical or scientific research and adding it as an exception. The proposed amendment states that a smoking-related medical or scientific research “means an enclosed indoor workplace, to the extent that tobacco smoking is an integral part of a medical or scientific research study that has been sanctioned by an accredited university or medical institution.” The ordinance currently states that “Smoking is not allowed at any public meeting, in any public place, or in a workplace unless specifically permitted” as an exception. The only exceptions listed in the ordinance include actors or actresses in theatrical performance, specialty tobacco shops and hookah bars. Budget & Financial Summary: N/A Attachments: 1. Smoking ordinance – Defining smoking-related medical or scientific research and adding it as an exception 116 117 118 119 120 September 23, 2010 Consent Agenda Item 2x Property Casualty Insurance Policies for Fiscal Year 2011 To: Glenn Brown, City Manager From: Alison Pond, Human Resources Director Agenda Caption: Presentation, possible action, and discussion regarding City of College Station Property/Casualty, Excess Liability and Workers Compensation Insurance Policies for Fiscal Year 2011. FY11 premiums have decreased 22% from FY10 premiums. With the addition of Auto Property Damage coverage, the net decrease in premiums is 14% over FY10 premiums. Council action is required to reject responses received from RFP 10-85, as replaced by RFP 10-94. Relationship to Strategic Goals: Goal I.1 Spending taxpayer money efficiently Recommendation(s): The City of College Station Human Resources Department recommends approval of these insurance policies for the period October 1, 2010 to September 30, 2011. Policy Type FY 2010 Premium FY2011 Premium Savings/increase Excess Liability/Workers’ Compensation with Star National Insurance Co. $289,801.00 214,453.00 -$75,348.00 Property/Boiler and Machinery with Affiliated FM $101,434.00 92,088.00 -$9,346.00 Crime Coverage with Great American Insurance $4,522.00 2,000.00 -$2,522.00 EMT Liability with Western World Insurance Co. $5,077.64 5,077.64 $0.00 Net Savings FY11 $400,834.64 313,618.64 -$87,216.00 Add Coverage for Vehicles >$50,000 Auto Property Damage Insurance with Great American Insurance $0.00 29,890.00 $29,890.00 Summary: On July 15, 2010, the City issued two Requests for Proposals (10-84, 10-85) to obtain FY 2011 insurance coverage through competitive means. RFP 10-85 was determined upon closing to lack appropriate weighted evaluation criteria, and replacement RFP 10-94 was issued August 31, 2010. The City’s sole broker of record, McGriff, Seibels, and Williams of Texas, Inc., evaluated responsive proposals received. The City’s Risk Management Office further reviewed the responsive proposals and the broker recommendations. The recommended insurance policy rates on Property, Excess Liability and Workers’ Compensation include a three-year rate guarantee. All policies are renewable annually up to two one-year terms, with reviews on each anniversary date. Limits of liability and deductibles remain the same as in FY10. Budget & Financial Summary: Funds are available in the FY11 budget in the Property/Casualty Fund and the Workers Compensation Fund. Auto Property Damage Insurance is a new policy to insure City vehicles with a purchase price or replacement value in excess of $50,000. Risk Management recommends this coverage. Attachments: Broker’s Recommendation Letter for Property Insurance Broker’s Recommendation Letter for Excess Liability & Workers’ Compensation Insurance 121 - MCGRIFF. SEIBELS & WILLIAMS OF TEXAS. INC. 5080 Spectrum Drive, Suite 900B, Addison, TX 75001 Tel (469) 232-2100 Fax (469) 232-2101 September 13,2010 Ms. Retha Blakely Risk Management Department City of College Station 1101 Texas Ave. College Station, TX 77840 Re: RFP #10-84 Property, Mobile Equipment, Boiler & Machinery, Fleet Catastrophic Loss Insurance Coverage Retha, Thank you for the' opportunity to assist the City of College Station in the evaluation of proposals submitted in response to RFP # 10-84 Property, Mobile Equipment, Boiler & Machinery, Fleet Catastrophic Loss Insurance Coverage. The City received two proposals; 1) Affiliated FM (incumbent) and 2) Texas Municipal League Intergovernmental Risk Pool-TML. The proposals were evaluated using the City's criteria as set forth in the RFP. Please see attached the comparison of evaluation factors and spreadsheet comparison of coverage. In addition to providing the lowest quote, the Affiliated FM proposal exceeded the TML proposal in meeting the City's requirements for financial stability and coverage form. It is our recommendation that the City purchase the Affiliated FM policy for Property, Mobile Equipment, Boiler & Machinery, and Fleet Catastrophic Insurance for the premium of $92,088. The $92,088 premium represents a $9,346 savings over last year's premium with the same terms and conditions as the expiring policy. Thank you for the opportunity to work with the City of College Station. Please let us know if you have any questions regarding this evaluation. ~1in?ere~2Pl-'{J fl ...-J )It"" ,~ohnny Fontenot, CPCU, ARM, AIC Executive Vice President 122 City of College Station RFP # 10-84 Property Insurance Evaluation Factors Evaluation Factor Weight Affiliated FM TML 35% 35 20Competiveness of rates/fees $92,088 $153,025 20% 20 15Qualifications/Financial Stability Non-rated 10% 10 10References 35% 35 15 Does not meet Proposed policy conditions, minimum coverage exclusions, and coverage forms requirements on multiple items TOTAL 100 100 60 123 City of College Station Property Coverage Comparison 2010-2011 Expiring Limits Affiliated FM TML A.M. Best Rating A+XV A+XV Not Rated Property: Total Insured Value $177,116,704 $230,221,272 $217,650,841 Loss Limit : Sm,! 16 704 $230,221,272 SI99525,596 Rale: SO.0542 SO.0379 Sub Limits; Extra Expense 1500,000 $500,000 $25000 Property in Transit SI,OOO,OOO S1000,OOO SI,OOO Accounts Receivable S5oo,OOO $500,000 $10,000 Valuable Papers S500,OOO $500,000 SIO,OOO Ordinance or Law Coverage Sl,ooo,oool $1,000,000 Policy Limi Flood $75,000,000 $75,000,000 'Policy Lim! Earthquake or Movement $75 000,000 I S75000,OOO Policy Limi Demolition & Increased Cost of Construction SI,OOO,OOO $1000,000 Policy Limi Errors and Omissions SI,OOO,OOO $1,000,000 No Coverage Expediting Expenses $250000 $250,000 No Coverage Newly Acquired Locations (reported within 90 days) $1,500,000 SI,500,OOO $1,000,000 Miscellaneous Unnamed Locations Sl,ooo,OOO SI,OOO,OOO No Coverage Data, Prouams & Software S500,OOO S500,OOO $10000 Fine Arts $250,000 S250,000 $250,000 Deferred Payments SIOOOOO $100,000 No Coverage Gross Earnings SI,OOO,OOO $1000,000 No Coverage Fire Figbting Materials & Expense $]00,000 SIOO,OOO Policy Limi Professional Fees SIOO,ooo SIOO 000 No Coverage Trees, Shrubs, Plants SI00,ooo· SI,ooO oer item SIOO,OOO -$1.000 ocr ilem $10,000 -S250 per item Pavements & Roadways S250,ooO. S250,OOO Must be Scheduled Land & water Clean-up S5O,000 S50,OOO 20000 Installation Floater $250,000 $250000 No Coverage Fungus, Mold or Mildew $1,000,000 SI,OOO,OOO Policy Limi OtT-Premises Service Interruption -PD S250,000 $250,000 Included Arson or Theft Reward SIOO,OOO SIOO,OOO No Coveral;c Money & Securilies SIOO,OOO SIOO,OOO No Coverage Locks & Keys S100,OOO SIOO 000 No Coverage Tenants Legal Liability & Expense S100,ooo $100,000 No Coverage Soft Costs S100,000 S100,000 No CovcrllJ!.e Business Intermption- Days of Ordinary Payroll 30 30 No Coverage Days ofQvil Aothorlty 30 30 No Coverage OtT-Premises Service Interruption S250,OOO $250000 No Covenu<c Contingent Business Interruption $250,000 $250,000 No Coverage Research & Development Expense $250,000 $250,000 No Covera,ge Ingress!Egress $250,000 S250,000 No Coverage Tax Treatment SIOO,ooO $100,000 No Coverage Days of Extended renoa 0 naeJDlllty 30 30 No Cover8j>;e Boiler and Machinery: Boiler and Machinery Coverage (Any One Accident) Policy Limit Policy Limi S30.000,000 Vehicle & Mobile Equip (Floater- Catastrophic Loss): Per Occurrence ? $20.900275 $9,952,757 Per Piece of Mobile Equipment S6,569,635 S13 845,293 $8,172,488 Deductible: 124 CitY of College Station Property Coverage Comparison 2010-2011 Earth Movement SIOO,OOO S100,000 SIOO,OOO Flood Zone A $500,000 S500 000 $100,000 Flood -LlbraryJPolice $250000 $250000 $100,000 Flood SIOO,OOO $100,000 S)OO,OOO Wind & Hail SIOO 000 SIOO,OOO' S100,000 B&M • Properly Damage $50,000 S50,000 $50,000 BI Waiting Period 120 Hours 120 Hours No Coverage EDP SIOO,OOO SIOO,OOO $100,000 Contractors Equipment $250,000 $250,000 $25,000 All Other Losses $]00,000 SIOO,OOO SIOO,OOO Terms and Endorsements: GO-Day Notice or CancellationlNon Renewal Yes Yes Yes All Risk Coverage Yes Yes Yes Replacement Cost Coverage (Properly, B&M) Yes Yes Yes Terrorism (Certified) Policy Limi If Purchased, Policy Limi $25,000,000 Property Premium : Boiler & M.ochinery Prcm lum: Vehicle & Mobile Equipment Premium. TOTAL PREMIUM: Engineering Fee : Terrorism Premium : $95,934 S87.288 $119,226 Included Included Included Included Included S33,799 $95,934 $87288 153,025 $2,500 S2,800 SO $3,000 S2,000 SO Total with Terrorism 11-.=.S:;lO;.:1,l.;,4:;;.3,;.4..l.1_....L.. -..:S9=2!.:.O.:::88::J1_-l ...::S::.l;;::S3::!..0~2:::5~1 125 MCGRIFF. SEIDELS & WILLIAMS OF TEXAS. INC. 5080 Spectrum Drive, Suite 900E, Addison, TX 75001 Tel (469) 232-2100 Fax (469) 232-2101 September 14, 2010 Ms. Retha Blakely Risk Management Department City of College Station 1101 Texas Ave. College Station, TX 77840 Re: RFP #10-94 Excess Liability and Workers' Compensation Insurance Coverage Retha, Thank you for the opportunity to assist the City of College Station in the evaluation of proposals submitted in response to RFP # 10-94 Excess Liability and Workers' Compensation Insurance Coverage. A total of seven different carriers responded to the RFP offering proposals on multiple lines of coverage: Excess Liability -Star Insurance, TML, Travelers Excess Workers' Compensation -Star Insurance, TML, New York Marine Commercial Crime -Federal Insurance, TML, Great American Auto Property Damage -Great American, TML EMT Liability -Western World The proposals were evaluated using the City's criteria as set forth in the RFP. Please see attached the comparison of evaluation factors and spreadsheet comparisons of coverage. Excess Liability and Workers' Compensation Star Insurance provided a package program that includes all requested Excess Liability lines and Excess Workers' Compensation. This package .rr()gram is the lowest cost proposal that meets the City's insurance requirements. Additionally, Star has offered a three year rate guarantee and broader tenns and conditions favorable to the City. It is our recommendation that the City purchase the Star Insurance policy for Excess Liability and Workers' Compensa.tion Insurance for the premium of $214,453. The $214,453 premium represents a $75,348 savings over last year's premium with the same terms and conditions as the expiring policy. 126 Commercial Crime Great American provided the lowest cost proposal for Commercial Crime Insurance and meets City requirements for this coverage. It is our recommendation that the City purchase the Great American Insurance policy for Commercial Crime Insurance for the premium of $2,000. The $2,000 premium represents a $2,522 savings over last year's premium with the same terms and conditions as the expiring policy. Auto Property Damage Great American provided the lowest cost proposal for Auto Property Damage Insurance and meets City requirements for this coverage. It is our recommendation that the City purchase the Great American Insurance policy for Auto Property Damage Insurance for the premium of $29,890. EMT Liability Western World provided the only proposal for EMT Liability. The proposal is a renewal of the existing policy at the same terms, conditions, and premium as expiring. It is our recommendation that the City purchase the Western World Insurance policy for EMT Liability Insurance for the premium of $5,077.64. Thank you for the opportunity to work with the City of College Station. Please let us know if you have any questions regarding these evaluations. (roere~_- 'f J"'--l:-V<'.£\ Joimny Fontenot, CPCU, ARM, AlC Executive Vice President 127 City of College Station RFP # 10-94 Excess Liability Insurance Evaluation Factors Evaluation Factor Competiveness of rates/fees Weight 35% Star Insurance 35 TML 25 No rate Quarantee Travelers 20 No rate quarantee Qualifications/Financial Stability 20% 20 15 Non-rated 20 References 10% 10 10 10 Proposed policy conditions, exclusions, and coverage forms 35% 35 15 Does not meet minimum coverage requirements on multiple items 15 Does not meet minimum coverage requirements on multiple items TOTAL 100 100 65 65 128 City of College Station RFP # 10-94 Excess Workers' Compensation Insurance Evaluation Factors Evaluation Factor Competiveness of rates/fees Weight ~5% Star Insurance 35 TML 30 No rate guarantee New York Marine 25 No rate guarantee Qualifications/Financial Stability 20% 20 15 Non-rated 20 References 10% 10 10 10 Proposed policy conditions, exclusions, and coverage forms 35% 35 15 Does not meet minimum coverage requirements on multiple items 15 Does not meet minimum coverage requirements on muttiple items TOTAL 100 100 70 70 129 City of College Station RFP # 10-94 Commercial Crime Insurance Evaluation Factors Evaluation Factor Weight Federal Insurance TML Great American Competiveness of rates/fees 35% 20 32 35 Qualifications/Financial Stability 20% 20 15 Non-rated 20 References 10% 10 10 10 35% 35 35 35 Proposed policy conditions, exclusions, and coverage forms TOTAL 100 85 92 100 130 City of College Station RFP # 10-94 Auto Property Damage Insurance Evaluation Factors Evaluation Factor Weight Great American TML 35% 3035Competiveness of rates/fees 1520% 20Qualifications/Financial Stability Non-rated 10% 1010References 3535% 35 Proposed policy conditions, exclusions, and coverage forms TOTAL 100 100 90 131 September 23, 2010 Consent Agenda Item 2y Notice of Non-Renewal with Standard Insurance Company for Long Term Disability To: Glenn Brown, City Manager From: Alison Pond, Human Resources Director Agenda Caption: Presentation, possible action and discussion to approve a resolution not to exercise Contract Number 09-092 renewal option #3 with Standard Insurance Company for long term disability benefits. Relationship to Strategic Goals: Goal I.1 Spending taxpayer money efficiently Recommendation(s): The City of College Station Human Resources Department recommends that the City not exercise Contract Number 09-092 Renewal Option #3 with Standard Insurance Company for long term disability (LTD) coverage, without penalty. Summary: To continue the City's efforts to maintain cost-effective and affordable group health insurance coverage for City of College Station employees, the Human Resources Department has issued Requests for Proposals for certain coverages. Severing selected benefits from the group package and offering them as voluntary coverages will provide custom-designed benefits plans that meet the specific employee needs. As a result of this new group insurance plan structure, the City has no need to renew the existing contract. A requirement of the contract is that the City provide the vendor notice of the decision not to exercise the renewal option. Budget & Financial Summary: Funds are available in the FY11 budget in the Benefits Fund to cover group insurance benefits costs. Attachments: Resolution to approve the contract non-renewal. 132 133 September 23, 2010 Consent Agenda Item 2z Notice of Contract Termination with CVS Caremark for Prescription Drug Benefits To: Glenn Brown, City Manager From: Alison Pond, Human Resources Director Agenda Caption: Presentation, possible action and discussion approving a resolution to terminate the CVS Caremark Prescription Drug Benefits contract, #08-213, effective January 1, 2011, without cause and without penalty, according to the terms of the contract. Relationship to Strategic Goals: Goal I.1 Spending taxpayer money efficiently Recommendation(s): The City of College Station Human Resources Department recommends that the City terminate Contract Number 08-213, without cause and without penalty, with CVS Caremark for prescription drug coverage. Summary: To continue the City's efforts to maintain cost-effective and affordable group health insurance coverage for City of College Station employees, the Human Resources Department has issued Requests for Proposals for certain coverages, including prescription drug benefits. A requirement of the contract is that the City provide 90 days notice of termination to CVS Caremark. Budget & Financial Summary: Funds are available in the FY11 budget in the Benefits Fund to cover group insurance benefits costs. Attachments: Resolution to approve the termination of the agreement with CVS Caremark. 134 135 September 23, 2010 Regular Agenda Item 1 Single-Family Overlay Rezoning for College Hills-Woodlands 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 amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of College Station, Texas, specifically zoning 115.14 acres along Munson Avenue, Marsteller Avenue, Woodland Parkway, Ashburn Avenue, Rose Circle, and Holt Street between Lincoln Avenue and Gilchrist Avenue with Neighborhood Prevailing Overlay Relationship to Strategic Goals: Goal II. Neighborhood Integrity Recommendation(s): At their meeting on September 2nd, the Planning and Zoning Commission voted (6-1) to recommend approval of the amendment. Staff recommended approval of the Ordinance amendment. Summary: The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The current designation of the properties subject to the rezoning request is Neighborhood Conservation. Neighborhood Conservation is a land use designated “for areas that are essentially built-out and are not likely to be the focus of extensive infill development or redevelopment. Further, these areas often were platted before current development regulations were in place often resulting in non-conforming situations. These areas are appropriate for overlays or zoning classifications that provide additional character protection and address non- conforming issues.” The proposed request is consistent with the purpose of the Neighborhood Conservation designation. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The immediately adjacent properties are zoned for single-family, and the overlay is compatible with the adjacent properties. 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 are all individually platted lots for single-family use, and are suitable for development as such. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The properties are all developed as single-family uses or vacant, making it eligible for a Single-Family Overlay. 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: There is no change in use involved in the designation of a Single-Family Overlay. A 136 Single-Family Overlay does impact future development opportunities on properties which may reduce speculative purchasing with the intent to redevelop properties more densely than currently exists. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: As an existing neighborhood, adequate water, wastewater, stormwater, and transportation facilities exist to support the uses in the overlay. ADDITIONAL SINGLE FAMILY OVERLAY INFORMATION 1. Overlay District Boundaries: The boundary of this overlay includes 164 lots platted as portions of several subdivisions. It includes 10 different block faces. This rezoning exceeds the minimum requirements of the rezoning boundary requirements which requires more than 30 lots or a platted phase of a subdivision. . 2. Neighborhood Meeting Requirements: The Neighborhood representatives attended a Pre-Application Conference with City Staff on June 24, 2009. A neighborhood meeting was held with City Staff on September 9, 2009 with 30 residents in attendance. 3. Petition by the Owners: The College Hills Woodlands Neighborhood Association presented a petition signed by 53% of the owners in the neighborhood (82 of 158 owners). 54% of the number of properties was signed for, representing 46% of the land area within the boundary of the rezoning. The signatures were verified by City Staff with information from the Brazos County Appraisal District and the Brazos County property records. 4. District Requirements: New construction, redevelopment, or additions to any structure within the Neighborhood Prevailing Overlay must develop according to the median pattern of development for the following standards: · Minimum front setback · Maximum front setback · Minimum side street setback · Minimum lot size · Building height · Maximum lot coverage The following item also applies based on the most frequent pattern of placement: · Garage location and orientation Landscaping is also included in the overlay and provides standards for the preservation, protection, and replacement of existing mature trees. Budget & Financial Summary: Attachments: 1. Rezoning Map 2. Draft Planning & Zoning Commission Regular Meeting Minutes 3. Ordinance 137 Future F r a n c i s D r L i n c o l n A v D o m i n i k D r Tarrow St D o m i n i k D r Mu nso n Av Ashburn Av H o l t G i l c h r i s t A v Williams St R o s e C r L y c e u m C t Woodland Pw Marsteller Av S a n c t u a r y C t Avenue B G r a n d O a k s C r Walton Dr U n n a m e d 7 2 8 3 M a r s t e l l e r A v LegendRezoning BoundaryProperties with Verified Signatures August 18, 2010 ¯ 138 139 140 141 September 23, 2010 Regular Agenda Item 2 406 Boyett Street and 407 Second Street – Right-of-Way Abandonment To: Glenn Brown, City Manager From: Bob Cowell, Director of Planning and Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 152 square foot portion of right-of-way located at 406 Boyett Street and a 207 square foot portion of right-of-way located at 407 Second Street. The subject portions of right-of-way are located on Lot 4 and Lot 5, respectively, of Block 20 within the W.C. Boyett Estate Subdivision according to the plat recorded in Volume 100, Page 440 of the Deed Records of Brazos County, Texas. Recommendation(s): Staff recommends approval of the ordinance. Summary: This right-of-way abandonment accommodates future development of the subject tracts. There are no public or private utilities in the subject portions of right-of-way to be abandoned. The 152 square foot and 207 square foot portions of right-of-way to be abandoned are located on Lot 4 and Lot 5, respectively, of Block 20 within the W.C. Boyett Estate Subdivision according to the plat recorded in Volume 100, Page 440 of the Deed Records of Brazos County, Texas. Budget & Financial Summary: N/A Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - Location Map 3. Attachment 3 - Ordinance 4. Attachment 4 - Ordinance Exhibit "A" 5. Attachment 5 - Application for Abandonment (On file with the City Secretary) 142 B OYETT ST C H U R C H A V FIR ST ST TAUBER ST COLLEGE M AIN W ELL B O R N R D U N I V E R S I T Y D R C H E R R Y S T C R O S S S T STASNEY STSPRUCE S T SECOND ST P A T R I C I A S T NAGLE ST LODGE ST U N NAMED869 1 L O U I S E A V M A P L E A V U N N A M E D 8 6 8 7 P A T R I C I A S T L O U I S E A V Vicinity Map ±SCALE:1" = 3,000' Site Location 143 C H E R R Y S T B OYETT ST SECOND ST Location Map ±SCALE:1" = 500' Right-of-WayAbandonment 144 145 146 EXHIBIT A 147 EXHIBIT A 148 EXHIBIT A 149 150 151 152 September 23, 2010 Regular Agenda Item 3 Water Utility Rate Increases To: Glenn Brown, City Manager From: Dave Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, "Utilities" Section 2, "Water and Sewer Services," of the Code of Ordinances of the City of College Station, Texas having the effect of raising rates for water service and wastewater service. Relationship to Strategic Goals: Financially sustainable city providing response to core services and infrastructure. Recommendation: Staff recommends approval of the ordinance. Summary: The attached ordinance implements the water and sewer rates discussed with Council at the August 18, 2010 Budget Workshop, and will generate the revenue required for the FY-11 Budget that was adopted by City Council on September 13, 2010. The proposed rates will increase the Service Charges and Usage Charges as follows: 1. Water Service Fees: 2% increase (amount varies by meter size) 2. Residential Water: Usage Old Rate New Rate 0-10,000 $2.22 $2.26 11-15,000 $2.88 $2.94 16-20,000 $3.54 $3.61 21-25,000 $4.20 $4.28 26,000 and up $4.86 $4.96 3. Commercial Water: 2% increase (from $2.44 to $2.49 per 1,000) 4. Commercial Irrigation: 10% increase (from $2.44 to $2.68 per 1,000) 5. Sewer Service Fees and Volume Rates: 3% increase (amount varies) This rate increase is required to keep up with the increased cost of operating the water and wastewater systems. In addition to general inflation, operating costs have risen due to increased electrical costs. The conservation rate for commercial irrigation systems is required to promote water conservation. The Simsboro aquifer has reached its maximum permitted annual withdrawal limit, and conservation is essential to keep future demands within our permit limits. Budget & Financial Summary: The proposed rate increases are estimated to generate approximately $13.1 million in water and $11.9 million in sewer revenues. This increase is needed to continue meeting financial policies and bond covenants. Attachment: Ordinance 153 154 155 156 157 September 23, 2010 Regular Agenda Item 4 Electric Rate Ordinance To: Glenn Brown, City Manager From: David Massey, Director of Electric Utilities Agenda Caption: Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, “Utilities” Section 4, “Electric Service” of the Code of Ordinances of the City of College Station, Texas having the effect of raising revenues for electric services approximately six percent (6%). Recommendation(s): Staff recommends approval of the ordinance. The approved budget assumes this rate increase is adopted. Summary: The attached ordinance authorizes the implementation of a rate increase to raise revenues by approximately six percent (6%). This rate increase is necessary to cover increased costs due to wholesale power, system expansion projects, and Electric Reliability Council of Texas (ERCOT) administrative fees. This will also allow payment of required transfers to the City general fund. Budget & Financial Summary: The proposed rates will increase revenues by approximately six percent (6%) and are needed to continue to meet financial policies and bond covenants. Attachments: 1. Electric Rate Ordinance 158 159 160 161 162 163 164 165 166 167 168 169 September 23, 2010 Regular Agenda Item 5 2010 Atmos Rate Review Mechanism Increase To: Glenn Brown, City Manager From: Hayden Migl, Assistant to the City Manager Agenda Caption: Presentation, possible action, and discussion regarding an ordinance approving an increase in rates for Atmos Energy pursuant to the Rate Review Mechanism tariff approved in 2008. Recommendation(s): Staff recommends approval of the ordinance. Summary: The City of College Station, along with 148 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On March 15, 2010, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. The Atmos Mid-Tex RRM filing sought a $70.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached RRM tariff are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance resolves the Company’s RRM filing by authorizing an increase in the Company’s base rate of $27 million effective for bills rendered on or after October 1, 2010. Additionally, the Ordinance authorizes supplemental revenue of $3.4 million to be recovered through the customer charge component of rates to cover direct costs associated with a steel service line replacement program. The RRM tariff was approved by cities as part of the settlement agreement to resolve Atmos' 2007 rate increase case. Atmos' rate request represents the third filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by the Steering Committee and Atmos as an alternative to the GRIP surcharge process. ACSC opposed GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review, and did not allow participation by cities or recovery of cities’ rate case expenses. The RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings during the three-year trial period specified by the tariff. Budget & Financial Summary: The monthly bill impact for the average residential customer will be a $1.40 increase (about a 3.15% increase in the total bill). Attachments: 1. Ordinance 2. Model Staff Report (Tariffs “Attachment A”, Proof of Revenue “Attachment B”, Settlement Agreement “Attachment C” are on file in the City Secretary’s Office) 170 171 172 173 174 175 176 177 178 September 23, 2010 Regular Agenda Item 6 Fire Station No. 6 Construction Manager at Risk Contract To: Glenn Brown, City Manager From: Chuck Gilman, P.E., Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion on a Construction Manager at Risk (CMAR) contract with Bartlett Cocke, L.P. for the Fire Station No. 6 project for a not to exceed amount of $6,000,000.00. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends approval of the CMAR contract with Bartlett Cocke, L.P. for a not to exceed amount of $6,000,000.00. Summary: The design of Fire Station No. 6 is approximately 30% complete. It is now time to add the CMAR to the project team. As the CMAR, Bartlett Cocke, L.P. will provide assistance to the City of College Station and the architect with the design of the improvements, selection of building systems, cost estimating, value engineering, and scheduling during the pre-construction phase enabling the City of College Station to construct the Fire Station No. 6 project. Bartlett Cocke, L.P. will function as the General Contractor and will be responsible for the construction of Fire Station No. 6 for a Guaranteed Maximum Price (GMP) that is within the $6,000,000.00 construction budget. As the General Contractor in the CMAR delivery method, Bartlett Cocke, L.P. must publicly solicit sealed bids for all of the construction activities (e.g. civil/site work, plumbing, electrical, mechanical, etc) in the same manner as the City of College Station. The lowest responsible bidder for the various construction activities to be completed or components to be supplied and installed will perform the actual work under the direct supervision of Bartlett Cocke, L.P. It is possible for Bartlett Cocke, L.P. to perform some of the construction activities; provided Bartlett Cocke, L.P. submits a competitive bid meeting the bidding requirements, and is deemed the lowest responsible bidder. Budget & Financial Summary: This project is funded from the 2008 bond authorization in the amount of $6,990,000.00. Funds in the amount of $620,922.89 have been committed or expended to date, leaving a balance of $6,369,077.11 for construction of the project and other expenses. Attachments: 1. Contract – a copy is available in the City Secretary’s Office 2. Location Map 179 Fire Station No. 6 U N I V E R S I T Y D R E T A R R O W S T P E Y T O N S T B A N K S S T C H A P P E L S T LIONS PARKLIONS PARK Fire Station No. 6 Location Map Ü 180 September 23, 2010 Regular Agenda Item 7 Appointments to Brazos Animal Shelter Board of Directors To: Glenn Brown, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action, and discussion regarding the City’s appointments to the Brazos Animal Shelter’s Board of Directors. Recommendation(s): Staff recommends reappointing Mrs. Judy LeUnes and Assistant Police Chief Larry Johnson. Summary: Mrs. Judy LeUnes currently serves as Chair of the Brazos Animal Shelter Board of Directors and has expressed interest in being reappointed as the City’s representative. Staff is also recommending the reappointment of Assistant Chief Larry Johnson as he has supervision over College Station’s Animal Control Division. These two individuals’ terms end at the end of September. Budget & Financial Summary: N/A Attachments: N/A 181