HomeMy WebLinkAbout11/24/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Monday, November 24, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the
posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary.
This form should be completed and delivered to the City Secretary by 6:30 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.
ON BEHALF OF THE CITIZENS OF COLLEGE STATION, HOME OF TEXAS A&M UNIVERSITY, WE WILL
CONTINUE TO PROMOTE AND ADVANCE THE COMMUNITY 'S QUALITY OF LIFE.
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 on minutes for November 5, 2008 meeting.
b. Presentation, possible action, and discussion on obtaining approval for Group Long Term
Disability Policy Renewals for the calendar years of 2006, 2007, 2008, and 2009.
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Monday, November 24, 2008
c. Presentation, possible action and discussion on a Equipment Replacement Fund contingency
transfer in the amount of $18,881.05 for a pilot project to move selected non-Public Safety users
from the 800 MHz radio system to a commercial push-to-talk radio system.
d. Presentation, possible action, and discussion concerning a resolution approving special warranty
deeds conveying one-half undivided interest to the City of Bryan in land acquired by condemnation
for Twin Oaks Landfill.
e. Presentation, possible action, and discussion on the award of Bid#09-05, installation of a traffic
signal at the intersection of William D. Fitch Parkway and Lakeway Drive to lowest responsible
bidder Bayer Construction in the amount of $157,232.50.
f. Presentation, possible action and discussion on a resolution amending the authorized
representatives at TexPool.
g. Presentation, possible action, and discussion on approving the budget of the George Bush
Presidential Library Foundation; and presentation, discussion and possible action on a funding
agreement between the City of College Station and the George Bush Presidential Library
Foundation for FY09 in the amount of $100,000.
h. Presentation, possible action and discussion to authorize the expenditures for the Brazos County
Appraisal District in the amount of $237,596 pursuant to Texas State Property Tax Code Section
6.06 (d).
i. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval
of a contract (Contract Number 09-04) with The Ground Crew, L.L.C., from Bryan, Texas in the
amount of $92,987.55 and sixty (60) calendar days to complete the installation of trees,
landscaping, and irrigation for the Dartmouth Street Extension Project Number ST-0211, and
authorizing the expenditure of funds. The total amount of the contract includes a base bid of
$89,950.05 and acceptance of Alternate #1 (use of Palisades Zoysia sod instead of Bermuda sod) in
the amount of $3,037.50.
j. Presentation, possible action, and discussion on the City’s proposed Housing Rehabilitation and
Minor Home Repair Program Guidelines.
k. Presentation, possible action, and discussion on a resolution supporting the City’s desire to
become a certified “Film Friendly Texas” Community through the State of Texas Film
Commission; and adoption of the Guidelines for Filming in the City of College Station.
l. Presentation, possible action and discussion regarding the approval of a resolution accepting from
the Governors Division of Emergency Management (GDEM) the 2008 Homeland Security Grant
Program –Sub-recipient of $166,666.67 naming a City staff member as manager of those grant
funds, and approving the 2008 City of College Station Equipment List for purchase.
m. Presentation, possible action, and discussion regarding a change order to Contract #04-086 in
the amount of $6,800.00 to BRW Architects for design work associated with Police Department
Renovations Project.
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Monday, November 24, 2008
n. Presentation, possible action, and discussion regarding change order #2 to engineering design
contract 07-152 with Malcolm-Pirnie, Inc in the amount of $38,125 for construction inspection
services on the Parallel Water Transmission Line.
o. Presentation, possible action, and discussion regarding a resolution to award a professional
services contract to Malcolm Pirnie Inc. in the amount of $50,000 to conduct a feasibility study for
the use of saline (brackish) groundwater wells to increase our drinking water supply.
p. Presentation, possible action, and discussion regarding approval of a Resolution that will
authorize City staff to negotiate for the purchase of an easement needed for the Wellborn Widening
Project.
q. Presentation, possible action, and discussion regarding a resolution designating the Construction
Manager at Risk as an alternative procurement method for the proposed renovation and expansion
to the Utility Service Center.
r. Presentation, possible action, and discussion regarding approval of a Real Estate Contract that
will authorize and direct City staff to complete the purchase of right-of-way needed for the William
D. Fitch Widening Phase II Project.
s. Presentation, possible action, and discussion regarding a resolution approving a construction
contract with Brazos Valley Services for the amount of $3,749,256.38 for the construction of the
WD Fitch Pkwy Widening Phase II Project.
t. Presentation, possible action, and discussion regarding Change Order No. 4 to the construction
contract (Contract No. 08-044) with JaCody, Inc. in the amount of $156,468 for the CSU Meeting
& Training Facility.
u. Presentation, possible action, and discussion on the resolution approving the construction contract
(Contract #09-032) with Brazos Valley Services in the amount of $1,847,972.66 for the Barron
Road Capacity Improvements Phase 1 Project.
v. Presentation, possible action, and discussion on a Professional Services Contract with Lockwood,
Andrews, Newnam, Inc., in the amount of $188,700, for the design of the Carters Creek Wastewater
Treatment Plant Miscellaneous Improvements, and approval of a resolution declaring intention to
reimburse certain expenditures with proceeds from debt.
w. Presentation, possible action, and discussion on a Memorandum of Agreement between the
City of College Station, Research Valley Partnership and Lynntech, Inc.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The
Mayor will recognize you to come forward to speak for or against the item. The speaker will state
their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to
signal thirty seconds remaining for remarks.
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Monday, November 24, 2008
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 regarding a resolution increasing
the drainage utility rate..
2. Public hearing, presentation, possible action and discussion on a Comprehensive Land Use Plan
amendment from Industrial R&D to Residential Attached for 1.32 acres located at 300
Holleman Drive, located next to the Verizon building near Lassie Lane.
3. Public hearing, presentation, possible action, and discussion regarding an ordinance rezoning
from A-O Agricultural Open to C-1 General Commercial Industrial for 2.056 acres located at
1780 Greens Prairie Road West, and more generally located near the northwest corner of the
intersection of Greens Prairie Road and Arrington Road.
4. Public hearing, presentation, possible action and discussion regarding a Comprehensive Plan
Amendment - Land Use for 2.70 acres located at 2875 Earl Rudder Freeway, and more
generally located next to the North Forest Professional Park, from Floodplains & Streams and
Single-Family Residential Medium Density to Office.
5. Public hearing, presentation, possible action, and discussion regarding an ordinance rezoning
from R-1 Single Family Residential and A-O Agricultural-Open to PDD Planned Development
District for 120.77 acres located at 1430 Harvey Mitchell Parkway South generally located
opposite the intersection with Holleman Drive.
6. Public hearing, presentation, possible action and discussion regarding an amendment to the
Comprehensive Land Use Plan from Single-Family Residential Medium Density to Retail
Regional West, and more generally located near the southwest corner of the intersection of
Greens Prairie Road and Arrington Road.
7. Public hearing, presentation, possible action and discussion on a Comprehensive Land Use Plan
amendment from Industrial R&D to Residential Attached for 5.59 acres located on the northern
corner of the intersection of State Highways 60 and 47.
8. Public hearing, presentation, possible action, and discussion on an amendment to the Unified
Development Ordinance, Section 5.9, Single-Family Overlay Districts as it relates to the
minimum number of petition signatures to request an overlay.
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Monday, November 24, 2008
9. Presentation, possible action and discussion regarding the establishment of a neighborhood
grant program and revisions to the current gateway grant program.
10. Presentation, possible action and discussion regarding a resolution of the City Council of the
City of College Station, Texas, approving and setting fees for Parks and Recreation activities
and facilities for Calendar Year 2009.
11. Presentation, possible action, and discussion Federal Emergency Management Agency’s
(FEMA) Community Rating System (CRS) program and consideration for a Resolution to
support the application to and implementation of the CRS Program.
12. Presentation, possible action and discussion on appointments to the newly-created Landmark
Commission.
13. Presentation, possible action, and discussion on appointment of citizen as member of
Convention and Visitors Bureau.
14. Presentation, possible action, and discussion regarding the City’s appointment to the Twin City
Endowment.
15. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will
be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas
will be held on the Monday, November 24, 2008 at 7:00 PM at the City Hall Council Chambers, 1101
Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 21st day of November, 2008 at 2:00 pm
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
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 November 21, 2008 at 2:00 pm
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Monday, November 24, 2008
and remained so posted continuously for at least 72 hours preceding 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 ________________, 2008 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2008.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service
must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989.
Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
6
Traditional Values, Progressive Thinking
In the Research Valley
Mayor Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop & Regular Minutes
Wednesday, November 5, 2008 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor ProTem McIlhaney, Council members Maloney Crompton,
Massey, Ruesink and Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David
Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent
agenda.
Consent Agenda Items No. 2i, 2 j, 2k, and 2l were removed from the agenda by staff. These items related to the
Rock Prairie Road Landfill and Twin Oaks Construction Project.
Council member Crompton inquired about Consent Item No. 2n, funding to the Brazos County Health
Department.
Mayor ProTem McIlhaney inquired about Consent Item No. 2h, Landfill compactor.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion of a brief from TAMU Vice
President of Student Affairs General Joe Weber on his plans and philosophy for the Division of Student
Affairs which crosses a wide range of many services.
Hayden Migl, Assistant to City Manager introduced General Joe Weber, TAMU Vice President of Student
Affairs .
General Weber presented his plans and philosophy for the Division of Student Affairs, which offers a wide range
of functions such as student government, counseling, student activities, health services, Recreational Sports, and
the operations of the Memorial Student Center.
No action was taken.
Workshop Agenda Item No. 3 -- Presentation, possible action and discussion on a briefing from Midway
Companies regarding the proposed Campus Pointe development.
David Gwin, Director of Economic and Community Development introduced Brandon Houston with Midway
Companies.
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Randy Houston, representative of Midway Companies presented the proposed Campus Pointe Development. He
also stated for several years, TAMU has been exploring the possibility of developing University-owned property
located northeast of the intersection of University Drive and South College Avenue. The general area
encompasses approximately 100 acres and is currently home to Hensel Park and partially developed as
University-owned and managed student housing.
Mr. Houston stated that TAMU is considering entering into a long-term ground-lease with Midway Companies,
for a dense mixed use development that could include a number of new uses such as: a hotel, retail shops, and
offices. The goals of the joint venture are listed below:
Goals:
·Transportation efficiency
·Controlled site disturbance
·Storm water management
·Reduce heat islands / Indigenous landscape
·Water use reduction
·Energy Optimization
·Use of regional / local materials
·Optimization of daylight and views
·Indoor air quality
City of College Station participation opportunities:
Council members expressed comments to the developer about the city’s recent initiative to have a city owned
convention center.
Mr. Houston noted that this developer will seek City of College Station’s participation in Site Development and
Construction investments, Roadway and Infrastructure investments, and Operating Cost Assistance at Campus
Pointe
No formal action taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding changes to the
City’s smoking ordinance.
Hayden Migl, Assistant to City Manager introduced Kristine Weaver, Regional Director of Government
Relations with the American Cancer Society.
Ms. Weaver recognized Dr. Philip Huang, Medical Director and Health Authority for Austin/Travis County
Health Department. He presented a variety of health statistics related to smoking and public safety.
Council indicated new interest in amending the current smoking ordinance providing non-smoking on all public
places, with few exceptions. Council directed staff to engage stakeholders in a public hearing and requested the
City Attorney draft language for the expanded ordinance.
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding tree preservation
in College Station and clarification on the policy options presented by staff.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 3
Lindsay Boyer, Senior Planner described tree preservation ordinances from other communities. She highlighted
comments made by stakeholders and the Planning and Zoning Commission, and staff commentary on items that
could be included in a tree preservation ordinance for College Station.
Bob Cowell, ACIP, Director of Planning and Development Services made additional comments on ideas,
suggestions, and issues for discussion with Council: These comments related to the following categories:
Protection Options: Mitigation:
▪Specimen trees ▪Planting replacement trees (size, species)
▪Tree stands ▪Maximum lot coverage
▪Number of trees ▪Transplanting existing trees
▪All trees of a specific size ▪Fees (tree fund)
▪Canopy/shade covers ▪Allow for alternate proposals
▪Designated heritage/historic trees ▪Waivers to standards
▪Other items to be considered
▪Species to include/exclude
▪Underbrush
Incentives: Application Options:
▪Density / Clustering bonuses ▪Commercial / multi-family
▪Dimensional standard variations ▪Existing single-family
▪Buffer bonus ▪New single-family
▪Landscaping ▪Preservation zones
▪Parking spaces ▪Redevelopment
▪Subdivision design ▪Citywide
Council supported the continuance of developing the tree preservation ordinance that will accommodate the
entire community, and in addition, establishing tree preservation zones.
No formal action was taken.
______________________________________
At 5:25 pm Mayor White announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the advice of our city attorney, to
consider competitive matters, and economic development negotiations.
Workshop Agenda Item No. 10 -- Executive Session will immediately follow the workshop meeting in the
Administrative Conference Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek advice
from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client
privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or
settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need
information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer
or attorney-client privileged information. After executive session discussion, any final action or vote taken will
be in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply
Corporation.
b. Sewer CCN permit requests.
c. Water CCN permit requests.
d. Water service application with regard to Wellborn Special Utility District.
e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
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f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of College
Station funds made by Paul Urso to Texcon.
g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites.
h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos
Valley Groundwater Conservation District.
i. JK Development v. College Station.
j. Taylor Kingsley v. College Station.
k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station.
l. TMPA v. PUC (College Station filed Intervention).
m. 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. Update on legal proceedings for Grimes
County Landfill site and contracts for development of Grimes County site.
Competitive Matter {Gov’t Code Section 551.086}; possible action The City Council may deliberate, vote, or
take final action on a competitive matter in closed session. The City Council must make a good faith
determination, by majority vote of the City Council, that the matter is a Competitive Matter. A “Competitive
Matter” is a utility-related matter that the City Council determines is related to the City of College Station’s
Electric Utility Competitive Activity, including commercial information, which if disclosed would give
advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to
be considered as a competitive matter.
a. Power Supply
Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action
The City Council may deliberate on commercial or financial information that the City Council has received from
a business prospect that the City Council seeks to have locate, stay or expand in or near the city with which the
City Council in conducting economic development negotiations may deliberate on an offer of financial or other
incentives for a business prospect. After executive session discussion, any final action or vote taken will be in
public. The following subject(s) may be discussed:
a. Proposed Development generally located southeast of the Intersection of Earl Rudder Freeway and
Southwest Parkway
Workshop Agenda Item No. 11 -- Action on executive session, or any workshop agenda item not completed
or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary.
Council recessed from the executive session at 6:55 pm.
Workshop Agenda Item No. 12 -- Adjourn.
The workshop meeting concluded following the regular meeting. See regular meeting minutes for discussion of
remaining workshop items.
Minutes of Regular Meeting
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear visitors.
Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of Allegiance.
Fire Chief R.B. Alley provided the invocation.
Presentations:
Mark Conlee, Mayor of the City of Bryan presented the Brazos Boot Award to Mayor White.
City Manager Glenn Brown presented the TML award for “Coffee with the Mayor” in recognition of
City of College Station, Mayor White, Mark Beal, Chad, Mike Neu, Chad Cockrum and Peggy Calliham.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 5
Mayor White presented the Texas Amateur Athletic Federation Awards and Recognition to the Parks and
Recreation Department.
Mayor White also presented the Texas Amateur Athletic Federation Service Awards to David Gerling, Rec.
Superintendent, in honor of 15 years of service.
Hear Visitors:
Buck Prewitt, 2302 Scotney Ct. - stated concern for lack of input by citizens prior to the adoption of the Traffic
Impact Analysis.
Nathan Fort, Holleman Dr., TAMU student - requested Council consider a recycling program for Northgate
District.
Regular Agenda Item No. 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. Approved minutes for the City Council Meetings of Thursday, October 23, 2008; Budget Workshop
Meetings, August 20, 2008, August 21, 2008, September 8, 2008; and, Special Meeting September 17, 2008.
b. Approved the 2008 Property Tax Roll in the amount of $22,074,830.98. This is the tax roll that will be
generated by the tax rate of $0.4394 per $100 assessed valuation adopted by the City Council at its September 27,
2008 meeting.
c. Approved the renewal of an annual price agreement for Emergency Medical Supplies with Boundtree
Medical (previously Tri-anim Health Services) for $34,578.09 and Boundtree Medical for $21,847.01 not to
exceed $56,425.10. Boundtree Medical merged with Tri-anim Health Services June 5, 2008.
d. Approved Resolution No. 11-5-08-2d on the renewal of an annual price agreement with Nafeco Inc., in an
amount not to exceed $56,448.00 for fire protective clothing.
e. Approved the renewal agreement with Mustang Rental Services of Texas, Ltd. for the rental of heavy
machinery, Bid No. 07-112, for an annual expenditure of $95,000.00.
f. Approved Resolution No. 11-5-08-2f declaring intention to reimburse certain Twin Oaks Landfill
expenditures with proceeds from debt.
g. Approved Resolution No. 11-5-08-2g adopting the awarded contract #08-286 for the Eagle Avenue
Extension Project to Brazos Paving in the amount of $790,554.15.
h. Approved the purchase of an Articulated Landfill Compactor from Mustang Tractor & Equipment to be used
by the Brazos Valley Solid Waste Management Agency in the amount of $1,050,000.00.
i. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-
028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie
Road Landfill.
j. Presentation, possible action, and discussion on a resolution approving consultant contract #09-029 with CSC
Engineering & Environmental Consultants, Inc. in the amount of $252,000.00 for the Twin Oaks Phase I
Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING)
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k. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-
030 with CSC Engineering & Environmental Consultants, Inc. in the amount of $60,000.00 for the Twin Oaks
Phase I Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL
MEETING)
l. Presentation, possible action, and discussion on a resolution approving professional services contract #09-
031, with HDR Engineering, Inc in an amount not to exceed $828,840.00 for Twin Oaks Landfill additional
design/permitting, bidding and construction phase services. (ITEM REMOVED BY STAFF, SCHEDULED FOR
FUTURE COUNCIL MEETING)
m. Approved funding agreement between the City of College Station and Keep Brazos Beautiful for FY09 in the
amount of $60,240.
n. Approved funding addendum that will authorize expenditures for the Brazos County Health Department in
the amount of $340,885.
Council member Massey made a motion to approve consent agenda items 2a thru 2h and 2m and 2n. Council
member Maloney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink.
AGAINST: None
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion approving an
ordinance vacating and abandoning seven easements located at 1815 Brothers Boulevard. (WalMart).
Alan Gibbs, City Enginee, presented Council seven ordinances vacating and abandoning easements located at
1815 Brothers Blvd for the expansion of Wal-Mart.
Lisa Elledge, a Wal-Mart representative introduced Joe Groso, Civil Engineer. Mr. Groso presented the
expansion plan of the Super Wal-Mart. Greg Oltman and Raymond Harris, Architects for the project presented
the design of the Super Wal-mart.
Mr. Gibbs gave an explanation that all easements may not be vacated simultaneously due to the project
differences.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Maloney made a motion to approve Ordinance No.’s 3123, 3124, 3125, 3126, 3127, 3128, and
3129 for the seven abandoned easements located on 1815 Brothers Blvd. Mayor Pro Tem McIlhaney seconded
the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink.
AGAINST: None
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion regarding an
ordinance to amend Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations,
and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance
(UDO) to remove master plans and amend standards relating to the Extraterritorial jurisdiction, including
minimum lot size, minimum lot width, and urban street design.
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Bob Cowell, ACIP, Director of Planning and Development presented an overview of the past several years
College Station has experienced an increased rate of development in the ETJ. In an effort to address concerns
identified by the Planning and Zoning Commission and the City Council, Council directed staff to retain a
planning consultant to identify the reasons for this development and to identify options to better manage the
development. This report, with its recommendations, was presented to the Parks and Recreation Board, the
Planning and Zoning Commission, and the City Council in the summer of 2007. Council directed staff to engage
with stakeholders and to bring forward ordinance revisions as needed. A number of stakeholder meetings were
held as well as additional meetings with the Planning and Zoning Commission and the Council.
During these various meetings it was concluded consensus could be not likely reached on many of the issues
identified in the report or on the specific standards identified in the report. Staff, therefore, offers the following
as a partial (and less stringent) recommendation for implementing the recommendations contained within the
report:
1. Removal of master plans as a requirement or option.
2. Establishment of a minimum lot size in the ETJ of 2 acre.
3. Establishment of a minimum lot width of 400’ along thoroughfares and 100’ along subdivision roads
in the ETJ.
4. Removal of the urban street design as a requirement or option in the ETJ.
The remaining items contained in the report will be addressed through the development of the city
Comprehensive Plan update and the subsequent ordinance revisions. These recommended changes to the UDO
and Subdivision Regulations are designed to be supported by complimentary CCN and sewer extension policies
and annexation policies that will be discussed at upcoming Council meetings.
David Coleman, Director of Water Services briefly explained the Aerobic system’s spray, the lack of system
maintenance, and resulting problems.
Don Plitt, Environmental Specialist with the Brazos County Health Department presented a report including
inspections of on-site sewage facilities in the ETJ. 30%-50% of the facilities are non compliant. In response to
City Council’s questions, Mr. Plitt recommended at least a 1.5 acre lot size for residential development.
Mayor White opened the public hearing.
Citizens opposed to the 2 acre lot size: Citizens for the 2 acre lot size:
Randy French, 4301 Cupstone Roger Bligh, 13613 Headwater
Dorthea Robinson, Michthea Lane James Sachtleben, 13922 Suzanne
Jane Cohen, 3655 McCullough Road Debbie Wentling, 3622 Capstone Dr.
Matthew Moore, 4404 Spring Branch Ct. Dave Wentling, 3622 Capstone Dr.
County Judge Randy Sims, 206 Hearths Tone Cir. Gary Kovar, 13822 Apricot Glen
Sherman Click, 4376 Bentwood Oliver Longnecker, 13411 Headwater Ln.
Jim Maness, 1733 Arrington Rd Phil Gougler, 13515 Headwater Ln.
Diane Goodman, 2181 Peach Creek Nancy Todd, 13891 Apricot Glen
Glenn Thomas, 1110 12th Man Jeannie Longnecker, 13411 Headwater Ln.
Lloyd Wassermann, 12318 N. Dowling Steven Davee, 13786 Suzanne Pl.
ML Schohon, 4440 College Station Jody Gougler, 13515 Headwater Ln.
Connie Hearne, 1008 Haywood Tami Laza, 13858 Apricot Glen
Phillip Ross, 1414 Peach Creek Cut off
Chuck Ellison 2902 Camille Dr.
13
Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 8
Citizens opposed to the 2 acre lot size:
Keith Ellis, 101 Grove
Heath Shannon, 300 Greeson
Buck Prewitt, 2302 Scotney Ct.
Ken Davis, 11455 Deer Creek
Bruce Lesikar, 5707 Shellbournes Hill
Billy Chenault, 3413 Settlement Dr.
Deborah Voorhees, 4070 Sweetwater Dr.
George Richardson, 4070 Sweetwater Dr.
Randall Pitcock, 2414 Stone Castle
Mayor White closed the public hearing at 9:18 p.m.
Mayor White called for a 10 min recess.
Mayor White reopened the public hearing at 9:30 p.m.
Roger Bligh, 13613 Headwater, testified in support of 2 acre lot size
Mayor White closed the public hearing.
Mayor White suggested voting protocol as a separate vote for each staff recommendation. Council concurred.
Council member Crompton moved to approve Ordinance No. 3130 on the removal of master plans as a
requirement and removal of the urban street as a requirement in the ETJ. Council member Massey seconded the
motion, which carried 7-0.
Mayor Pro Tem McIlhaney moved to approve Ordinance No. 3131 on establishing the minimum lot size in the
ETJ of one acre and establishing a minimum lot width of one-hundred feet (100’). Council directed staff to
forward the issue to Commissioners Court and the Health Department. Council member Stewart seconded
motion, which carried 6-1.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Massey, Maloney, Stewart and Ruesink.
AGAINST: Council member Crompton
Regular Agenda Item No. 3 -- Public Hearing, presentation, possible action, and discussion an ordinance
amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 5-E:
Special Provisions for Areas of Special Flood Hazard, Section 5-G: Special Provisions for Floodways, and
Section 5-H: Special Provisions for Areas of Shallow Flooding. (Zero-Rise Requirement).
Alan Gibbs, City Engineer presented an overview of the consideration of the Zero-Rise regulation to the Flood
plain regulations. Specifically, the Special Flood Hazard Area (SFHA), which is commonly Zones AE and A as
depicted on the Flood Insurance Rate maps (FIRMs). Development would still be allowed in the floodplain as
long as it does not result in a net rise in the 100 year flood elevation.
Council expressed concerned with the affects of Zero-Rise on ETJ.
Alan Gibbs stated Zero-Rise will not affect the ETJ.
Mayor White opened the public hearing.
Chuck Ellison, 2902 Camille Dr. – voiced concern involving City property and eminent danger to residents
Rebecca Riggs, with Mitchell and Morgan – not opposed to the zero-rise but would like to see the Council delay
action for further review.
Fred Paine, 1012 San Benito with Kling Engineering – hope for Councils consideration on the zero-rise.
Joe Schultz, 3208 Innsbrook, representing Wallace Phillips - requested the completion of the terms for zero-rise.
14
Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 9
Veronica Morgan, with Mitchell and Morgan – offered various methods to accomplish the zero-rise.
Dale Browne, 1613 Peach Crossing with McClure and Brown Engineering – agreed with Veronica Morgan but
would like Council to look at a grandfather clause.
Sherry Ellison, 2705 Brookway Dr. – not opposed to the zero-rise but concerned with a grandfather clause.
Matt Moore, 4401 Spring Branch Ct. – current landholder expressed concern with the affects of zero-rise.
Mayor White closed the public hearing.
Council member Maloney moved passage of the no adverse impact ordinance for 90 days and to revisit six to
nine months to determine effectiveness. Council member Massey seconded the motion. Council member
Maloney withdrew this motion.
Council member Maloney moved to direct staff to work with City Attorney to prepare an ordinance reflecting a
grandfather clause and no adverse impact options. Council member Massey seconded the motion.
Council member Crompton moved approval of the ordinance as presented. Motion died for lack of second.
Council member Maloney moved to direct staff to coordinate with the City Attorney to create an ordinance
containing zero-rise, the grandfather clause, and no adverse impact toolkit. Council member Massey seconded
the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on an ordinance
amending the Land Use Plan element of the Comprehensive Plan from Single-Family Medium Density and
Floodplains & Streams to Regional Retail, Office and Residential Attached for 31.19 acres generally
located at the northeast corner of William D. Fitch and its future intersection with Victoria Avenue.
Jennifer Prochazka, Senior Planner presented the Land Use Plan element of the Comprehensive Plan regarding a
zoning change from Single-Family Medium Density, Floodplains & Streams to Regional Retail, Office and
Residential. The property, 31.19 acres, is located at the northeast corner of William D. Fitch and its future
intersection with Victoria. Staff recommended denial due to the incompatibility of rezoning.
Mayor White opened the public hearing.
Joe Schultz, 3208 Innsbrook, applicant spoke in support of rezoning.
Wallace Phillips, 4490 Castle Gate, the developer answered questions of the Council.
Mayor Pro Tem McIlhaney requested reevaluation by the P&Z Commission of the PDD comprehensive plan, the
configuration of floodplain, and allowance of mixed use.
Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3132 on the amendment of the Comprehensive Plan
from Single-Family Medium Density and Floodplains & Streams to Regional Retail, Office and Residential for
31.19 acres located at the northeast corner of William D. Fitch and its future intersection with Victoria. Council
member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 5 -- Public Hearing, presentation, possible action, and discussion an ordinance
amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 2:
15
Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 10
Definitions, Section 5-B: Establishment of Areas of Special Flood Hazard Area, and Section 5-E: Special
Provisions for Areas of Special Flood Hazard.
Alan Gibbs, City Engineer, presented a brief overview of the meeting with National Flood Insurance Program
(NFIP) Coordinator and the Texas Water Development Board on August 18, 2008, where the state conducted a
Community Assistance Visit (CAV) for FEMA. In the following meeting; the NFIP Coordinator, reviewed our
local Ch. 13 Flood Hazard Protection Ordinance to propose an amended ordinance which identified needs to
update the meeting with FEMA minimum standards. Staff recommended approval of this ordinance amendment.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Massey moved to approve Ordinance No. 3133 to amend Chapter 13 of the Flood Hazard
Protection as presented. Council member Maloney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 6 -- Public Hearing, presentation, possible action, and discussion approving an
ordinance vacating and abandoning a 20-foot wide public utility easement, which is centered on the lot line
between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park, Phase 1 Subdivision according to
the plat recorded in Volume 6121, Page 222 of the Deed Records of Brazos County, Texas.
Alan Gibbs, City Engineer presented an easement abandonment that will accommodate the development of this
subject tract as Aggie Pet Zone. He explained that there are no public or private utilities in the subject portion of
easement to be abandoned. The 20-foot wide public utility easement abandonment is centered on the lot line
between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park. Staff recommended approval of the
ordinance.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3134 to abandon the 20 ft public easement located
on 3227 Rock Prairie Road West. Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion of the City Council’s 2008-
2009 Strategic Plan.
City Manager Glenn Brown presented modified version of the Council’s 2008-2009 Strategic Plan. The Plan was
revised by the City Council during the summer retreat.
Council member Crompton made a motion to approve the modified City Council 2008-2009 Strategic Plan.
Council member Stewart seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Workshop Agenda Item No. 7 -- Council Calendar
Council reviewed calendar.
16
Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 11
Workshop Agenda Item No. 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.
Council member Massey - briefing on future agenda of land holdings of the City and reaffirm of their use.
Council member Massey - land development by the City of liquidate them.
Council member Crompton - stated for future agenda the discussion on the policy issues, illegal use of fields,
maintenance of fields, and registration issues of the baseball fields and taxi businesses.
Mayor ProTem McIlhaney - TML conference update and the process for development of departments.
Counicl member Massey – defer this item to a midyear retreat. (City hall strategy)
Council member Ruesink – future workshop topic on jaywalking.
Workshop Agenda Item No. 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, Cemetery Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning
Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board,
Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning
Board of Adjustments (Notice of Agendas posted on City Hall bulletin board).
No discussion was held.
At 12:40 am on Thursday, November 6, 2008 Mayor White announced that the City Council would convene into
executive session pursuant to Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the
advice of our attorney, to discuss competitive matters, and discuss economic development negotiations.
Regular Agenda Item No. 7 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 1:10 am on Thursday, November 6, 2008.
PASSED AND APPROVED this 24th day of November, 2008.
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
17
November 24, 2008
Consent Agenda Item No. 2b
Group Long Term Disability Insurance Policy
Renewals for Calendar Years 2006 – 2009
To: Glenn Brown, City Manager
From: Kathy Merrill, Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion on obtaining
approval for Group Long Term Disability Policy Renewals for the calendar years of
2006, 2007, 2008, and 2009.
Recommendation(s): Staff recommends approval of the Group Long Term
Disability Insurance Policy Renewals for 2006-2009.
Summary: Group Long Term Disability Insurance is income protection for eligible
City employees. Under the Policy, employees may receive up to 60% of their current
base salary after a 180 day period of permanent total disability for both on and off
the job disabilities.
The original Group Long Term Disability Insurance Policy was approved by Council in
2005. Council also, subsequently, approved the Policy’s renewal expenditures for
the calendar years of 2006, 2007, 2008, and 2009. However, approval of the Policy
renewals for the calendar years of 2006, 2007, 2008, and 2009 were not executed
by Council.
The City’s Legal Department has recommended Council’s approval be obtained for
the Group Long Term Disability Renewal Policy for the calendar years of 2006, 2007,
2008, and 2009. Execution will ensure the Policy has been accepted and
acknowledged by Council.
Budget and Financial Summary: None
Attachments:
1. Rate Guarantee Agreements 2006 - 2009
18
Rate Guarantee Agreement
Standard Insurance Company
900 SW Fifth Avenue
Portland, OR 97204-1282
Employee Benefits Consultant: Mitch McCauley
Employee Benefits Service Representative: Genoa Molden
Employee Benefits Sales and Service Office: Dallas
Employer Name: City of College Station, Texas, a Texas Home - Rule
Municipality
Group Number: 643568-B
Standard Insurance Company (“The Standard”) amends the above Employer’s coverage
under the Group Policy to make the following change(s):
Rate Guarantee Period: January 1, 2009 through December 31, 2009
Next Renewal: January 1, 2010
This agreement is approved by The Standard and subject to The Standard’s usual
underwriting requirements.
This agreement is issued by The Standard and is in effect by its terms without any
further acceptance by the Employer, and a copy of this Agreement form should be
attached to and made a part of the in force policy.
19
20
Rate Guarantee Agreement
Standard Insurance Company
900 SW Fifth Avenue
Portland, OR 97204-1282
Employee Benefits Consultant: Mitch McCauley
Employee Benefits Service Representative: Genoa Molden
Employee Benefits Sales and Service Office: Dallas
Employer Name: City of College Station, Texas, a Texas Home - Rule
Municipality
Group Number: 643568-B
Standard Insurance Company (“The Standard”) amends the above Employer’s coverage
under the Group Policy to make the following change(s):
Rate Guarantee Period: January 1, 2008 through December 31, 2008
Next Renewal: January 1, 2009
This agreement is approved by The Standard and subject to The Standard’s usual
underwriting requirements.
This agreement is issued by The Standard and is in effect by its terms without any
further acceptance by the Employer, and a copy of this Agreement form should be
attached to and made a part of the in force policy.
21
22
Rate Guarantee Agreement
Standard Insurance Company
900 SW Fifth Avenue
Portland, OR 97204-1282
Employee Benefits Consultant: Mitch McCauley
Employee Benefits Service Representative: Genoa Molden
Employee Benefits Sales and Service Office: Dallas
Employer Name: City of College Station, Texas, a Texas Home - Rule
Municipality
Group Number: 643568-B
Standard Insurance Company (“The Standard”) amends the above Employer’s coverage
under the Group Policy to make the following change(s):
Rate Guarantee Period: January 1, 2007 through December 31, 2007
Next Renewal: January 1, 2008
This agreement is approved by The Standard and subject to The Standard’s usual
underwriting requirements.
This agreement is issued by The Standard and is in effect by its terms without any
further acceptance by the Employer, and a copy of this Agreement form should be
attached to and made a part of the in force policy.
23
24
Rate Guarantee Agreement
Standard Insurance Company
900 SW Fifth Avenue
Portland, OR 97204-1282
Employee Benefits Consultant: Mitch McCauley
Employee Benefits Service Representative: Genoa Molden
Employee Benefits Sales and Service Office: Dallas
Employer Name: City of College Station, Texas, a Texas Home - Rule
Municipality
Group Number: 643568-B
Standard Insurance Company (“The Standard”) amends the above Employer’s coverage
under the Group Policy to make the following change(s):
Rate Guarantee Period: January 1, 2006 through December 31, 2006
Next Renewal: January 1, 2007
This agreement is approved by The Standard and subject to The Standard’s usual
underwriting requirements.
This agreement is issued by The Standard and is in effect by its terms without any
further acceptance by the Employer, and a copy of this Agreement form should be
attached to and made a part of the in force policy.
25
26
November 24, 2008
Consent Agenda Item No. 2c
Equipment Replacement Fund Contingency Transfer to Fund a Pilot Project to Test
Moving Non-Public Safety Users off the 800 MHz Radio System
To: Glenn Brown, City Manager
From: Ben Roper, Information Technology Director
Agenda Caption: Presentation, possible action and discussion on a Equipment
Replacement Fund contingency transfer in the amount of $18,881.05 for a pilot project to
move selected non-Public Safety users from the 800 MHz radio system to a commercial
push-to-talk radio system.
Recommendation(s): Staff recommends approval.
Summary: The City entered into an Inter-Local Agreement with Bryan, Brenham, Texas
A&M University, Washington County, and Brazos County to create the Brazos Valley Wide
Area Communications System (BVWACS). This new regional radio system will meet
Department of Homeland Security interoperability communications requirements. As a result
of the increased capability of the new system, the radio subscriber units will be more
expensive than those presently in use.
In May, staff began researching communications options for possibly migrating non-public
safety radio users off the 800 MHz system. This action will achieve small direct cost savings,
allow the city to spread costs over 10 years, and lower the City’s annual cost for the
BVWACS.
This proposal is for a 10 month pilot project to test the feasibility of moving non-public
safety users off the City’s 800 MHz radio system. For the pilot, approximately ninety Parks
and Recreation Department and Meter Services radios will be replaced by Nextel push-to-
talk radios.
Budget & Financial Summary: Contingency funds to cover the pilot project cost have
been identified in the Equipment Replacement Fund, and will be transferred to the
appropriate account in the Equipment Replacement Fund.
This purchase is available through the Texas Department of Information Resources (DIR)
contract DIR-SDD-611 which satisfies the City’s requirement for competitive
bidding/proposals.
Attachments:
Contingency Transfer Request form
27
REQUEST FOR CONTINGENCY TRANSFER
DATE: 24 November 2008
FROM: EQUIPMENT REPLACEMENT FUND CONTINGENCY ACCOUNT $18,881.05
225-9111-939-10-10
TO: 225 6091 602 49 90
Purchase of Phones and Equipment $1,938.37
Service Charges (Airtime) $ 16,942.68
JUSTIFICATION OF NEED FOR TRANSFER:
1. Why is this request of such an emergency nature that it must be made immediately?
This pilot program will allow us to determine the feasibility of moving non-public safety users off the
city’s 800 MHz radio system.
2. Why was the item not budgeted in the normal budgetary process?
Details for the pilot were not available during the budget process to allow participating departments to
budget for operational costs.
3. Justification as to why the transfer cannot be made within the division or department?
There are a total of three departments involved in the pilot. There are costs for initial hardware, and
monthly recurring charges for service. None of the participants budgeted funds for the pilot program.
Council Approval Required: yes Date Approved by Council: 11/24/08
Requested by : IT Department Budget Review:
Approved: Ben Roper Approved:
Department Head Budget Officer
Approved:
City Manager
28
November 24, 2008
Consent Agenda Item No. 2d
Land Acquired by Condemnation for Twin Oaks Landfill
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion concerning a resolution
approving special warranty deeds conveying one-half undivided interest to the City of Bryan
in land acquired by condemnation for Twin Oaks Landfill and authorizing the mayor to sign
said deeds.
Recommendation(s): Staff recommends approval of the resolution approving the special
warranty deeds and authorizing the mayor to sign the special warranty deeds.
Summary: On October 23, 2008 Council approved a Resolution No. 10-23-08-3K
authorizing the mayor to sign nine special warranty deeds conveying one-half undivided
interest in land acquired by condemnation for the Twin Oaks Landfill to the City of Bryan.
After Council approval, the City of Bryan requested changes to the language in the deeds
including: (1) deleting a reference to the “Official Records” regarding the survey; (2)
deleting Exhibit B (a copy of the resolution) from the deeds; (3) and shortening the
conveyance language in the deeds for tracts 6, 15, and 18 to read “an undivided ½ interest
in the Condemned Property described above”. The changes requested by the City of Bryan
are stylistic and do not change the substance of the deeds.
Budget & Financial Summary: N/A
Attachments:
1. A resolution with special warranty deeds will be distributed to the Council prior to the
meeting.
29
November 24, 2008
Consent Agenda Item No. 2e
Construction of New Traffic Signal
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the award of Bid#09-
05, to Bayer Electric in the amount of $157,232.50 for the installation of a traffic signal at
the intersection of William D. Fitch Parkway and Lakeway Drive.
Recommendation(s): Staff recommends award of bid #09-05 to the lowest responsible
bidder Bayer Construction in the amount of $157,232.50.
Summary: Bids for the installation of this traffic signal were received from two
construction companies. Third Coast Services of Pinehurst, Texas and Bayer Construction of
Bryan both submitted bids. Bayer Construction was the lowest bidder in the amount of
$157,232.50
Budget & Financial Summary: Funds are available from 2003 General Obligation Bond
Fund, Public Works, Traffic Division.
Attachments:
1. Resolution
2. Location map
3. Bid Tabulation
30
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
APPROVING CONSTRUCTION CONTRACT #09-037 FOR THE INSTALLATION OF A NEW
TRAFF'IC SIGNAL PROJECT AT WILLIAM D. FITCH PARKWAY AND LAKEWAY DRIVE; AND
AUTHORIZING THJI EXPENDITURE OF FUNDS REGARDING SAME.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phases of a Traffic Signal
Project; and
WHEREAS, the selection of BAYER CONSTRUCTION ELECTRICAL CONTRACTORS, Im is being
recommended as the lowest responsible bidder for the construction services related to the installation of a new
traffic signals at William D. Fitch Parkway and Lakeway Drive; now, therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council hereby finds that BAYER CONSTRUCTION ELECTRICAL
CONTRACTORS, INC. is the lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with BAYER CONSTRUCTION
ELECTRICAL CONTRACTORS, INC. for $157,232.50 for the labor, materials and
equipment required for the construction related to the Traffic Signal Project at the
location of William D. Fitch and Lakeway Drive.
PART 3: That the funding for this Project shall be as budgeted from the 2003 General Obligation
Bond Fund, Public Works TrafIic Division, in the amount of $157,232.50.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
CONNIE HOOKS, City Secretary Ben White, Mayor
Ci5y Attorney /
31
NEW SIGNAL LOCATION WILLIAM D. FITCH AT LAKEWAY DRIVE
1
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36
November 24, 2008
Consent Agenda Item No. 2f
TexPool Resolution
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a resolution amending
the authorized representatives at TexPool.
Recommendation(s): Staff recommends approval of the resolution.
Summary: Organized in 1989, TexPool is the largest and oldest local government
investment pool in the State of Texas. TexPool currently provides investment services to
over 1,700 communities throughout Texas. The State Comptroller oversees TexPool, and
Federated Investors manage the daily operations of the pool under a contract with the
Comptroller. TexPool is managed conservatively to provide a safe, efficient, and liquid
investment alternative to Texas governments. The pool seeks to maintain a $1.00 value per
share as required by the Texas Public Funds Investment Act. TexPool investments consist
exclusively of U. S. Government securities, repurchase agreements collateralized by U. S.
Government securities, and AAA-rated no-load money market mutual funds. TexPool is
rated AAAm by Standard & Poor's, the highest rating a local government investment pool
can achieve. The weighted average maturity of the pool cannot exceed 60 days, with the
maximum maturity of any investment limited to 13 months. TexPool, like the City, is
governed by the Texas Public Funds Investment Act.
This resolution designates those employees that are able to act as authorized
representatives for the City’s TexPool accounts.
Budget & Financial Summary: None
Attachments:
Resolution
37
RESOLUTION AMENDING
rnxP0aDlL
**t**ZZ**CZ
a1 111\van1r11 Snwc lu Pubtlc ~~IJI AUTHORIZED REPRESENTATIVES
WHEREAS, City of College Station -
(Participant Name & Location Number)
("Participant") is a local government of the State of Texas and is empowered to delegate to a public funds
investment pool the authority to invest funds and to act as custodian of investments purchased with local
investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide
for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act;
and
WHEREAS, the Texas Local Government Investment Pool ("TexPooll Texpool Prime"), a public funds
investment pool, were created on behalf of entities whose investment objective in order of priority are
preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
NOW THEREFORE, be it resolved as follows:
A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of
the Participant and are each hereby authorized to transmit funds for investment in TexPool I TexPool
Prime and are each further authorized to withdraw funds fiom time to time, to issue letters of
instruction, and to take all other actions deemed necessary or appropriate for the investment of local
funds.
B. That an Authorized Representative of the Participant may be deleted by a written instrument signed
by all remaining Authorized Representatives provided that the deleted Authorized Representative (1)
is assigned job duties that no longer require access to the Participant's TexPool 1 TexPool Prime
account or (2) is no longer employed by the Participant; and
C. That the Participant may by Amending Resolution signed by the Participant add an Authorized
Representative provided the additional Authorized Representative is an officer, employee, or agent
of the Participant;
List the Authorized Representatives of the Participant. Any new individuals will be issued personal identification
numbers to transact business with TexPool Participant Services.
1. Name Title Chief Financial Officer
Signature Phone Number 979-764-3745
ORIGINALS TEX - REP
TexPool Participant Services Federated Inveslors Inc
1001 Texas Ave.. Suite 1400 Houston, TX 77002 www.tex~ool.com 1-866-839-7665
10108
38
2. Name Cheryl A. Wright Title Treasurer
Signature a. . U& Phone Number 979-764-3554
n
3. Name Brandi wattenton Title Finance Staff Assistant
n i~~,u,L Phone Number 979-764-3552
4. Name Title
Signature Phone Number
List the name of the Authorized Representative listed above that will have primary responsibility for performing
transactions and receiving confirmations and monthly statements under the Participation Agreement.
Name Cheryl A. Wright
Email cwright@cstx.gov Fax Number 979-764-3571
In addition and at the option of the Participant, one additional Authorized Representative can be designated to
perform only inquiry of selected information. This limited representative cannot perform transactions. If the
Participant desires to designate a representative with inquiry rights only, complete the following information.
5. Name Title
D. That this Resolution and its authorization shall continue in full force and effect until amended or
revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or
revocation. This Resolution is hereby introduced and adopted by the Participant at its regularlspecial meeting
held on the day , 20 -.
NAME OF PARTICIPANT: City of College Station
BY:
Signature
Printed Name
Mayor
Title
ATTEST:
Signature
Printed Name
City Secretary
Title
This document supersedes all prior Authorized Representative designations.
APPROVED :
~dA#f&m
City Attorney
OIUGMALS REQUIRED
TexPool Participant Services Federated Investors Inc
1001 Texas Ave., Suite 1400 Houston, TX 77002 www.tex~wl.corn 1-866-839-7665
TEX - REP
10108
39
November 24, 2008
Consent Agenda Item No. 2g
Budget Approval and Funding Agreement With the George Bush Presidential
Library Foundation
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on approving the budget of
the George Bush Presidential Library Foundation; and presentation, discussion and possible
action on a funding agreement between the City of College Station and the George Bush
Presidential Library Foundation for FY09 in the amount of $100,000.
Recommendation(s): Staff recommends approval of the George Bush Presidential Library
Foundation budget and the funding agreement for FY09.
Summary: As part of the 2008-2009 budget process the City Council approved funding for
the George Bush Presidential Library Foundation in the amount of $100,000.
Budget & Financial Summary: The funds for this agreement are budgeted and available
in the 2008-2009 Hotel Tax Fund Budget. A total of $100,000 is to be used for marketing
and operational activities directly associated with the promotion of tourism and the hotel
industry in College Station. State law requires that the City Council approve the budget of
any organization that is to be funded through the Hotel Tax.
Attachments:
1. George Bush Presidential Library Foundation budget
2. George Bush Presidential Library Foundation Funding Agreement
40
MARKETING AND PUBLIC RELATIONS
Radio Advertising (KAMU) 3 spots per day @ $5.00/ea. (General
Museum info when not advertising exhibits)5,475.00$
Professional Association Dues/Membership 3,445.00$
Presidential Corridor Association
Texas Travel Industry Association
B/CS Chamber of Commerce
Texas Bluebonnet Travel Council
East Texas Tourism Association
International Association of Business Communicators
Brenham Chamber of Commerce
Eagle Advertising Program 10,000.00$
Graphic Design Services 2,000.00$
Suddenlink / KMAY Advertising 5,000.00$
KBTX-TV Advertising 10,900.00$
Discretionary Advertising (WAS)10,380.00$
Display Banners to replace tabletop display 1,800.00$
TOTAL MARKETING BUDGET 49,000.00$
GRANT FUNDING
Baseball Brochure Design and Printing (100,000) 8,500.00$
Space Brochure Design and Printing (150,000) 9,500.00$
Promotional Kiosks and Video Production (Austin & Houston) 25,000.00$
Print Advertising (Southern Living, AAA Journeys, etc.) 20,000.00$
Trade Show Promotional Items 4,000.00$
Supplies (Paper, Postage, Toner, etc.) 5,500.00$
TTIA File Folder Program 475.00$
Certified Folder Program (Cooperative Effort with CVB and
Messina Hof) Precision Litho (Printing) 5,725.00$
Travel and Tourism Trade Shows (Travel and Exhibitor Fees -
Dan Dipert, Travel Summit, NAB, etc.) 6,300.00$
Houston Chronicle Advertising Wrap 15,000.00$
TOTAL GRANT FUNDED PROGRAMS 100,000.00$
Attachment A-3
41
Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
1
FUNDING AGREEMENT PROVIDING FOR THE PAYMENTAND USE
OF HOTEL TAX REVENUE BETWEEN THE CITY OF COLLEGE
STATION AND THE GEORGE BUSH PRESIDENTIAL LIBRARY
FOUNDATION FOR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009
THIS AGREEMENT is made between the CITY OF COLLEGE STATION, a Home Rule
Municipal Corporation incorporated under the State of Texas (hereinafter referred to as the “City”),
and The George Bush Presidential Library Foundation, d.b.a Bush Presidential Library Foundation,
a Texas Non-Profit Corporation (hereinafter referred to as the “Agency”):
WHEREAS, Texas Tax Code §351.002 and §351.003(a) authorize City to levy by
ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the
consideration paid by a hotel occupant; and
WHEREAS, by ordinance, City has provided for the assessment and collection of a
municipal hotel occupancy tax in the City of College Station of seven percent (7%); and
WHEREAS, Texas. Tax Code §351.101(a) authorizes City to use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry, yet limits
such revenue use for historical restoration and preservation projects or activities or advertising and
conducting solicitations and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums; and
WHEREAS, Agency is well equipped to perform those activities; and
WHEREAS, Texas Tax Code §351.101(c) authorizes City to delegate by contract with
Agency; as an independent entity, the management or supervision of programs and activities of the
type described hereinabove funded with revenue from the municipal hotel occupancy tax;
NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual
covenants and promises contained herein, City and Agency agree and contract as follows:
ARTICLE I
DEFINITIONS
1.1 The term “Agency” shall mean The George Bush Presidential Library Foundation, a Texas
Non-Profit Corporation to which the City has delegated the management or supervision of programs
and activities funded with Hotel Tax Revenue.
1.2 The term “City” shall mean the City of College Station, in the County of Brazos, and the
State of Texas.
1.3 The term “Contract Quarter” shall refer to any quarter of the contract year in which this
Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and
September 30th, of each contract year.
42
Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
2
1.4 The term “Event” shall include any and all banquets, ceremonial dinners, promotional
programs, or other public or private event hosted by Agency.
1.5 The term “Financial Activity Report” shall mean a quarterly report which includes a
summary of Agency’s revenues and expenditures, and a summary of Agency’s assets and liabilities
to be submitted to the City on the sample forms attached herein as Exhibit A or in a form agreed
upon by Agency and City.
1.6 The term “Financial Records” shall mean invoices, receipts, bank statements,
reconciliations, cleared checks, financial statements and audit reports.
1.7 The term “Hotel Tax Revenue” shall mean the gross monies collected and received by
City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a
room in a hotel, pursuant to Texas Tax Code §351.003 (a) and City Ordinances. Hotel Tax
Revenue will include penalty and interest related to the late payments of the tax revenue by the
taxpayer.
1.8 The term “Narrative Summary of Activity Report” shall mean the quarterly summary report
of the activities of Agency including a summary of how funds from City have been utilized to
accomplish the Agency’s work. Such report shall be submitted on the form attached herein as
Exhibit B.
1.9 The term “Performance Measure Report” shall mean the quarterly report to determine the
levels of service that are being provided by Agency to be submitted to the City on the form attached
herein as Exhibit C.
1.10 The term “Program Report” shall mean a report as required by Texas Tax Code §351.108
listing each of the Agency’s scheduled activity, program, or event that: is directly funded with Hotel
Tax Revenue or has its administrative costs funded in whole or in part by the Hotel Tax Revenue
and is directly enhancing and promoting tourism and the convention and hotel industry. Such report
shall be submitted on the form attached herein as Exhibit D.
ARTICLE II.
HOTEL TAX REVENUE PAYMENT
2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily
performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel
Tax Revenue collected by City in the total amount of ONE HUNDRED THOUSAND AND
NO/100 DOLLARS ($100,000.00), to be paid as follows:
(a) The total amount of ONE HUNDRED THOUSAND AND NO/100 DOLLARS
($100,000.00) from the City’s Hotel Tax Revenue. Payment will be made in four (4)
installments of $25,000.00 each.
2.2 Quarterly payments will be dependent upon the City receiving all reports required herein
from the Agency. Quarterly reports are due no later than thirty (30) days after the end of each
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
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Contract Quarter (no later than January 30th, April 30th, July 30th, October 30th, of each
contract year.)
2.3 Other limitations regarding consideration.
(a) It is expressly understood that this contract in no way obligates the General Fund or
any other monies or credits of City.
(b) City may withhold allocations if City determines that expenditures of Agency
deviate materially from their approved budget or if the reports required herein are not
submitted in a complete and timely manner.
ARTICLE III
USE OF HOTEL TAX REVENUE
3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed
payments of Hotel Tax Revenue specified above, Agency agrees to manage or supervise the
programs and activities funded with Hotel Tax Revenue. Agency further agrees to use such Hotel
Tax Revenue for historical restoration and preservation projects or activities or advertising and
conducting solicitations and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums:
(a) At or in the immediate vicinity of convention center facilities or visitor information
centers; or
(b) Located elsewhere in the City of College Station or its vicinity that would be
frequented by tourists and convention delegates.
(c) The City Council and City Manager or their designees shall have the right to attend
Agency events or promotional programs as representatives of the City to promote tourism
and the convention and hotel industry at no additional cost to the City.
3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be
spent for Agency’s day-to-day operations, supplies, salaries, office rental, travel expenses, and other
administrative costs only if those administrative costs are incurred directly in the promoting of:
tourism and the convention and hotel industry and the historical restoration and preservation
projects or activities or advertising and conducting solicitations and promotional programs to
encourage tourists and convention delegates to visit preserved historic sites or museums:
(a) At or in the immediate vicinity of convention center facilities or visitor information
centers; or
(b) Located elsewhere in the City of College Station or its vicinity that would be
frequented by tourists and convention delegates.
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
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3.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of Agency for which Hotel Tax Revenue
may be used shall not exceed that portion of Agency’s administrative costs actually incurred
in conducting the activities specified in §3.1 above.
(b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or
conduct an activity the primary purpose of which is not directly related to the promotion of
tourism and the convention and hotel industry or the performance of the person’s job in an
efficient and professional manner.
ARTICLE IV
RECORDKEEPING AND REPORTING REQUIREMENTS
4.1 Budget.
(a) Prior to execution of this Funding Agreement, Agency shall submit to the City
Manager of City an annual budget to be approved by the City Council for each fiscal year,
for such operations of Agency funded by Hotel Tax Revenues. This budget shall
specifically identify proposed expenditures of Hotel Tax Revenue by Agency. In other
words, City should be able to audit specifically the purpose of each individual expenditure
of Hotel Tax Revenue from the separate account relating to Hotel Tax Revenue. City shall
not pay to Agency any Hotel Tax Revenues as set forth in Article II of this Agreement
during any program year of this Agreement unless a budget for such respective program
year has been approved in writing by the College Station City Council. Approval of the
budget by the City Council shall not preclude the Agency from reasonably reallocating
funds within the budget among line items to meet changing conditions. Such reallocation
shall not necessitate a new approval by the City Council. Failure to submit an annual budget
may be considered a breach of contract, and if not remedied is considered grounds for
termination of this Agreement as stated in paragraph 6.2 of this agreement.
(b) Agency acknowledges that the approval of such budget by the College Station City
Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by
City to Agency under this Agreement. Agency shall expend Hotel Tax Revenue only in the
manner and for the purposes specified in this Agreement, Texas Tax Code §351.101(a), and
in the budget as approved by City.
4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a
separate account, or with segregated fund accounting, such that any reasonable person can ascertain
the revenue source of any given expenditure.
4.3 Financial Records. Agency shall maintain a complete and accurate financial record of each
expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted
funds for audited financial purposes.
45
Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
5
4.4 Agency shall maintain such records, accounts, reports, files or other documents for a
minimum of five (5) years after the expiration of this agreement. City’s right to access Agency’s
files shall continue during this five (5) year period and for as long as the records are retained by
Agency.
4.5 Upon written request of the College Station City Council, or other person, Agency shall
make such financial records available for inspection and review by the party making the request.
Agency understands and accepts that financial records and any other records relating to this
Agreement shall be subject to the Public Information Act, Texas Government Code, §552, as
hereafter amended.
4.6 Program Report. Agency understands that such report shall be completed in its entirety
and the original report shall be submitted to the City prior to any funds being disbursed.
4.7 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as
provided in this Agreement:
(1) Financial Activity Report.
(2) Narrative Summary of Activity Report.
(3) Performance Measure Report.
4.8 Agency shall respond promptly to any request from the City Manager of City, or designee,
for additional information relating to the activities performed under this Agreement.
4.9 The Financial Activity Report, Narrative Summary of Activity Report and Performance
Measure Report shall be submitted to the City within thirty (30) days of the end of each Contract
Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract
year.)
4.10 A copy of the Agency’s annual financial audit shall be made available to City no later
than thirty (30) days following Agency’s receipt of same.
4.11 If requested, Agency shall make an annual report and presentation to the City Council.
4.12 The City shall conduct a monitoring review of the Agency as deemed necessary by the
City so as to evaluate Agency's compliance with the provisions of this Agreement. Said
monitoring may consist of on-site monitoring reviews.
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
6
ARTICLE V
AGENCY BOARD OF DIRECTORS
5.1 Agency shall provide the City with an agenda of all regular and non-regular Board
meetings five (5) days prior to the meeting with information as to the date, time and place of
meeting. If a non-regular meeting is scheduled, Agency shall immediately notify the City of
non-regular meeting. Said notification should be in writing via facsimile or e-mail; or orally by
telephone, depending on Agency’s own notification of the Board meeting.
5.2 Agency shall submit minutes of each Board of Directors meeting and Executive
Committee meeting to the City within ten (10) days after approval of the minutes.
ARTICLE VI
TERM AND TERMINATION
6.1 Term. The term of this Agreement shall commence on October 1, 2008 and terminate at
midnight on October 31, 2009. However, the program period shall commence on October 1, 2008
and terminate at midnight on September 30, 2009. Only those expenditures authorized by Chapter
351 of the Texas Tax Code which are actually incurred during the program period, for events and
activities taking place within the program period, are eligible for funding under this Agreement, and
any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the
Agreement.
6.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this Agreement is terminated by either party pursuant to §6.2(a), City
agrees to reimburse Agency for any contractual obligations undertaken by Agency in
satisfactory performance of those activities specified in hereinabove and that were
approved by the Council through the budget, as noted in §4.1. This reimbursement is
conditioned upon such contractual obligations having been incurred and entered into in
the good faith performance of those services contemplated in §§3.1 and 3.2 above, and
further conditioned upon such contractual obligations having a term not exceeding the
full term of this Agreement.
(c) Further, upon termination pursuant to §6.2(a) of this agreement, Agency will
provide the City:
(1) Within ten (10) business days from the termination notification, a short-
term budget of probable expenditures for the remaining sixty (60) day period
between termination notification and contract termination. This budget will be
presented to Council for approval within ten (10) business days after receipt by
City. If formal approval is not given within ten (10) business days and the budget
does not contain any expenditures that would be prohibited by the Texas Tax
47
Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
7
Code, and is within the current contractual period approved budget; the budget
will be considered approved;
(2) Within thirty (30) days, a full accounting of all expenditures not
previously audited by City;
(3) Within five (5) business days of a request from City, a listing of
expenditures that have occurred since the last required reporting period;
(4) A final accounting of all expenditures and tax funds on the day of
termination. Agency will be obligated to return any unused funds or funds
determined to be used improperly. Any use of remaining funds by Agency after
notification of termination is conditioned upon such contractual obligations
having been incurred and entered into in the good faith performance of those
services contemplated in 3.1 and 3.2 above, and further conditioned upon such
contractual obligations having a term not exceeding the full term of this
Agreement.
6.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of Agency;
(b) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily
or involuntarily, or an assignment by Agency for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement
by either City or Agency for more than thirty (30) days after written notice of such breach
is given to the breaching party by the other party; or
(d) The failure of Agency to submit quarterly reports which comply with the
reporting procedures required herein and generally accepted accounting principles within
thirty (30) days from the date City notifies Agency of such breach.
(e) The failure of Agency to submit a Quarterly Financial Activity Report as required
by Texas Tax Code §351.101(c) within thirty (30) days from the date City notifies
Agency of such breach.
6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this Agreement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate notice
to the other party in the event that any person has instituted litigation concerning the activities of the
non-terminating party, and the terminating party reasonably believes that such activities are required
or prohibited under this Agreement.
48
Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
8
6.5 In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this agreement,
Agency agrees to refund any and all unused funds, or funds determined by City to have been
used improperly, within thirty (30) days after termination of this Agreement.
ARTICLE VII
HOLD HARMLESS
7.1 Hold Harmless. The parties agree to hold each other harmless from and
against any and all claims, losses, damages, causes of action, suits and liabilities of every kind,
including all expenses of litigation, court costs and attorney’s fees, for injury or death of any
person, for damage to any property, or for any breach of contract, arising out of or in
connection with the work done under this Agreement, as permitted by law.
ARTICLE VIII
GENERAL PROVISIONS
8.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by Agency with another private entity, person, or
organization for the performance of those services described in §3.1 above. In the event that
Agency enters into any arrangement, contractual or otherwise, with such other entity, person or
organization, Agency shall cause such other entity, person, or organization to adhere to, conform to,
and be subject to all provisions, terms, and conditions of this Agreement and to Tex. Tax Code §
351, including reporting requirements, separate funds maintenance, and limitations and prohibitions
pertaining to expenditure of the agreed payments and Hotel Tax Revenue.
8.2 This Agreement and each provision hereof, and each and every right, duty, obligation, and
liability set forth herein shall be binding upon and inure to the benefit and obligation of City and
Agency and their respective successors and assigns.
8.3 The City and Agency attest that, to the best of their knowledge, no member of the City of
College Station City Council and no other officer, employee or agent of the City, who exercises
any function or responsibility in connection with the carrying out of the terms of this Agreement,
has any personal interest, direct or indirect, in this Agreement.
8.4 Agency covenants and agrees that, during the term of this Agreement, it will not
discriminate against any employee or applicant for employment because of race, color, religion,
sex, national origin or disability. Agency will take affirmative action to ensure that applicants
who are employed are treated, during employment, without regard to their race, color, religion,
sex, national origin or disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation and selection. Agency agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination requirement.
49
Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
9
8.5 Agency expressly agrees that, in all solicitations or advertisements for employees placed
by or on behalf of Agency, there will be a statement that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin or
disability.
8.6 Agency certifies that it will not limit services or give preference to any person assisted
through this Agreement on the basis of religion and that it will provide no religious instruction or
counseling, conduct no religious worship or services, and engage in no religious proselytizing in
the provision of services or the use of facilities or furnishings assisted in any way under this
Agreement.
8.7 No amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by duly authorized representatives of both parties.
8.8 This Agreement has been made under and shall be governed by the laws of the State of
Texas.
8.9 Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
8.10 Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby
represent that they have authorization to sign on behalf of their respective organizations.
8.11 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of this Agreement,
any part hereof, or the right of either party thereafter to enforce each and every provision hereof.
No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be
in writing and signed by the party claimed to have waived. Furthermore, any consent to or
waiver of a breach will not constitute consent to or waiver of or excuse of any other different or
subsequent breach.
8.12 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
8.13 This Agreement and the rights and obligations contained herein may not be assigned by
any party without the prior written approval of the other parties to this Agreement.
8.14 It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
8.15 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties shall use
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
10
their best efforts to replace the respective provision or provisions of this Agreement with legal
terms and conditions approximating the original intent of the parties.
8.16 It is understood that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements, or understandings between the
parties relating to the subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed
or terminated orally. No verbal agreement or conversation with any officer, agent, or employee
of any party before or after the execution of this Agreement shall affect or modify any of the
terms or obligations hereunder.
8.17 Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein. Each
party has the right to change its business address by giving at least thirty (30) days advance
written notice of the change to the other party.
51
52
53
Outside Agency:__________________________
STATEMENTS OF FINANCIAL POSITION
Period _____________________________
Current Period Current Period Year to Date Year to Date
ASSETS Hotel Tax Non-Hotel Tax Hotel Tax Non-Hotel Tax
Cash and cash equivalents
Short-term investments
Prepaid expenses
Unconditional promises to give
Cash restricted to purchase of equipment
Long-term investments
Contribution receivable—charitable lead trust
Deposits on leased and other property
Property and equipment
TOTAL ASSETS
LIABILITIES
Accounts payable
Compensation
Refundable advances
Long-term debt
TOTAL LIABILITIES
NET ASSETS
Unrestricted
Temporarily restricted
Permanently restricted
TOTAL NET ASSETS
TOTAL LIABILITIES AND NET ASSETS
Exhibit A
Statements of Financial Position
A1
54
Outside Agency:_______________________
STATEMENT OF ACTIVITIES
Period:__________________________
Permanently
Restricted
REVENUES, GAINS, AND OTHER SUPPORT
Contributions
— — — —
— — — —
Capital campaign — — — —
Equipment acquisition — — — —
Endowment — — - —
Other — — — —
Federal financial assistance — — — —
Program service fees — — — —
Investment return — — — —
Change in value of split-interest agreement — — — —
Other — — — —
Net assets released from restrictions — — — —
Expiration of time restrictions — — — —
Restrictions satisfied by charitable lead trust
receipts
— — — —
Restrictions satisfied by payments — — —
TOTAL REVENUES, GAINS, AND OTHER SUPPORT
EXPENSES
Program services
— — — —
— — — —
Supporting services
Management and general — — — —
Fund-raising — — — —
TOTAL EXPENSES — — — —
CHANGE IN NET ASSETS — — — —
NET ASSETS AT BEGINNING OF YEAR — — — —
NET ASSETS AT END OF YEAR — — — —
Total
— — — —
Exhibit A
Statement of Financial Activities - Hotel Tax
Unrestricted Temporarily
Restricted
A2
55
Exhibit B
Narrative Summary of Activity Report
Please provide a narrative summary of the activities funded with the Hotel Tax Revenue.
Use additional sheets if more space is needed.
B1
56
Exhibit C
Performance Measure Report
The George Bush Presidential Library Foundation
Description & Budget Explanation:
The George Bush Presidential Library Foundation will inform and enrich learners of all ages about American history
the general role of the President, and the administration of George H.W. Bush.
Yearly Budget Summary FY06 FY07 FY08 FY09
Actual Actual Actual Estimate
$50,000 $50,000 $100,000 $100,000
Quarterly Budget Summary Quarter 1 Quarter 2 Quarter 3 Quarter 4
Proposed Proposed Proposed Proposed
$0 $0 $0 $0
Program Name: The George Bush Presidential Library Foundation
Service Level:The George Bush Presidential Library Foundation will promote and enhance tourism via
educational programs, exhibits, and promotional activities
Performance Measures: Quarter 1 Quarter 2 Quarter 3 Quarter 4
Actual Proposed Proposed Proposed
Number of visitors
Number of new exhibits
Number of existing exhibits
Number of advertising or promotional
activities conducted
Number of educational programs
conducted
C1
57
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November 24, 2008
Consent Agenda Item No. 2h
Authorize Brazos County Appraisal District Expenditures
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to authorize the
expenditures for the Brazos County Appraisal District in the amount of $237,596
pursuant to Texas State Property Tax Code Section 6.06 (d).
Recommendation(s): Staff recommends approval of the expenditures in the amount of
$237,596 to the Brazos County Appraisal District.
Summary: Chapter 6, Section 6.01 of the Texas State Property Tax Code calls for an
appraisal district to be established in each county, and states, “The district is responsible
for appraising property in the district for ad valorem tax purposes of each taxing unity that
imposes ad valorem taxes in the district.” Chapter 6.06(d) stipulates how the funding is
allocated, “each taxing unit participating in the district is allocated a portion of the amount of
the budget equal to the proportion that the total dollar amount of property taxes imposed in
the district by the unit for the tax year in which the budget proposals is prepared bears to
the sum of the total amount of property taxes imposed in the district by each participating
unit for that year.”
Budget & Financial Summary: Funds are available and budgeted in the General Fund,
Finance Administration budget. Payments are made in four equal payments made at the
end of each calendar quarter.
Attachments: Brazos County Appraisal District 2009 Statement
59
60
November 24, 2008
Consent Agenda Item No. 2i
Approval of Contract #09-034 and Awarding of a Bid (#09-04) for the
Dartmouth Street Extension Landscaping and Irrigation Installation Project ST-0211
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation Department
Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding the bid
and approval of a contract (Contract Number 09-034) with The Ground Crew, L.L.C., from Bryan,
Texas in the amount of $92,987.55 and sixty (60) calendar days to complete the installation of trees,
landscaping, and irrigation for the Dartmouth Street Extension Project Number ST-0211, and
authorizing the expenditure of funds. The total amount of the contract includes a base bid of $89,950.05
and acceptance of Alternate #1 (use of Palisades Zoysia sod instead of Bermuda sod) in the amount of
$3,037.50.
Recommendation: Staff recommends approval of the resolution and award of the construction contract
with The Ground Crew, L.L.C., for the installation of landscaping and irrigation for the Dartmouth
Street extension.
Summary: This item will provide for the installation of trees, irrigation, brick pavers, and shrubs for
the Dartmouth Street extension. The acceptance of Alternate #1 will allow the city to implement a pilot
program that utilizes a new turf (Palisades Zoysia sod) that should be better suited for a median-type
landscape installation. This turf requires less mowing frequencies and watering cycles as compared to
Bermuda turf. It is also more salt tolerant and heat tolerant than most other grasses. This project was
initiated by the Capital Improvements Department.
Budget & Financial Summary: Four (4), sealed, competitive bids were received and opened on
October 21, 2008. The bid summary is attached and includes the base bid and Alternate #1. Funds in
the amount of $100,000 are budgeted and available in the FY 2009 Streets Capital Projects Fund as part
of the Dartmouth Extension project (ST0211).
Attachments:
1. Resolution Approving a Construction Contract
2. Bid Tabulation Number 09-04
3. Location Map
61
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64
November 24, 2008
Consent Agenda Item No. 2j
Housing Rehabilitation and Minor Home Repair Program Guidelines
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion the City’s
proposed Housing Rehabilitation and Minor Home Repair Program Guidelines.
Recommendation(s): Staff recommends approval of the guidelines.
Summary: Staff is proposing the attached Housing Rehabilitation and Minor Home
Repair Guidelines, which utilize a combination of HOME Investment Partnership
Program grant funds, Community Development Block Grant Funds and other
appropriate resources to provide support, training, and counseling activities to low-
income applicants seeking to repair or rehabilitate their sub-standard homes. The
City will also, through this activity, seek to impede the continuation of slum and
blighting influences and further enhance neighborhood integrity by helping to
stabilize the housing stock. The proposed guidelines reflect direction provided by the
City Council at their March 13, 2008 Workshop Meeting. Specifically, the guidelines
incorporate the following:
· Provides technical and financial assistance to low-income, owner-occupant
homeowners seeking to rehabilitate their sub-standard residential structure.
· Provides technical and financial assistance to low-income, owner-occupied
homeowners requiring minor repair to alleviate an immediate health or safety
issue.
· Allows for a loan of the City’s HOME Investment Partnerships (HOME) Program
and/or Community Development Block Grant (CDBG) funds.
Budget & Financial Summary: Federal HOME Investment Partnership Grant
(HOME) funds, Community Development Block Grant (CDBG) funds, and other
suitable resources will be used in combination to provide leveraged assistance to
eligible developments. The proposed guidelines will help to ensure the long-term
sustainability of the City’s Community Development Program. Annual budget
allocations and specific project commitments will be determined on a recurring basis
by the City Council.
Attachment:
Attachment 1 – Draft Housing Rehabilitation and Minor Home Repair Guidelines
65
Page 1 of 10
11/24/08
Attachment 1 – Housing Rehabilitation and Minor Home Repair Program Guidelines
CITY OF COLLEGE STATION HOUSING REHABABILITATION AND MINOR HOME REPAIR PROGRAM PROGRAM GUIDELINES
Unless herein stated otherwise, the requirements contained in 24 CFR Part 92 (Home Investment Partnerships
Program) and 24 CFR Part 570 (Community Development Block Grant Program) will be followed.
A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW
The City of College Station has established a Housing Rehabilitation and Minor Home Repair Program (HRMHRP)
funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block
Grant (CDBG) and Home Investment Partnership Program (HOME). Additionally, the City may utilize other
appropriate local, state, or federal resources that may become available.
The HRMHRP is designed to combine various financial resources necessary to accomplish minor repair or
significant rehabilitation of eligible, qualified, owner-occupied dwellings. The City's Economic and Community
Development staff will assist homeowners in planning, implementing and managing the process to repair or
rehabilitate their substandard dwellings. In addition, the City seeks to impede the acceleration of slum and blighting
influences through this activity, as well as preserve and enhance neighborhood quality and integrity. Depending
upon applicant eligibility and costs of the particular project, assistance may be available to applicants under the
provisions of 24 CFR § 92.254 Qualification as affordable housing: Homeownership and 24 CFR § 570.202, Eligible
Rehabilitation and Preservation Activities. Eligible project activities will comply with the respective program
requirements published in the U.S. Code of Federal Regulations (CFR), as it may be modified over time. The basic
goals of this Program are:
· To preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to qualified
low-income households.
· To provide support training and counseling activities to low-income applicants seeking to repair or rehabilitate
their sub-standard homes.
· To provide applicants information regarding loan finance options to accomplish necessary rehabilitation
activities required to bring their sub-standard dwelling into a code compliant standard condition.
· To provide applicants information on proactively managing the maintenance of their homes following repair or
rehabilitation.
This program is designed to provide technical and financial assistance to low-income, owner-occupant
homeowners seeking to rehabilitate their sub-standard residential structures into decent, safe and sanitary dwelling
units. Technical and financial assistance is also available to low-income, owner-occupant homeowners requiring
minor repair to alleviate an immediate health or safety issue as determined by program staff and/or other qualified
City staff. This program is available on a city-wide basis and is limited to only those properties located within the
66
Page 2 of 9
11/24/08
municipal boundaries of the city. Properties that lie partially within the city limits may be considered on a case-by-
case basis.
All eligible HRMHRP applicants (with the exception of Minor Home Repair applicants) shall be required to
participate in the same homeowner and homebuyer education and counseling sessions as other housing
assistance program applicants.
The HRMHRP financial assistance shall be managed as follows:
Program staff will assist qualified and approved applicants to rehabilitate their substandard housing by requiring the
applicant to enter into a rehabilitation assistance agreement with the City. The agreement will allow the use of
program funds for rehabilitation and associated program delivery costs of the project. The agreement must be
approved and executed prior to the commencement of any rehabilitation activities. All project costs (excluding staff
time and soft costs necessary for program delivery) shall be compiled at project completion into a permanent
financing loan, secured by a lien. Repayment of the loan shall be in accordance with the terms and conditions
defined in program legal instruments. Applicants will have the option of pre-payment of costs at any time during the
project, and prior to permanent financing, if they so desire.
Upon completion of construction activities, applicant shall close on the loan.
Household income shall determine the loan structure:
· For households earning 61% to 80% of the Area Median Income:
A fixed rate repayment loan bearing interest at the Applicable Federal Rate at the time of funding.
· For households earning 51% to 60% of the Area Median Income:
A 0%-interest repayment loan.
· For households earning up to 50% of the Area Median Income:
A deferred-payment, 0%-interest loan. This loan will be deferred and payable in full at the cessation of
owner occupancy, or sale or transfer of the property.
Front End Ratio: The loan shall be structured to ensure that the total of all housing payments shall not exceed
thirty-five percent (35%) of the applicant’s gross monthly income.
Back End Ratio: The loan shall be structured to ensure that the total of all housing payments, plus consumer debt
payments, shall not exceed forty-five percent (45%) of the applicant’s gross monthly income.
The mortgage note and deed restrictions shall be serviced and enforced either by the Economic and Community
Development, a commercial lending institution or by a not-for-profit entity.
B. DESIGNATED AUTHORITY
Administrative authority for implementation of this Program will rest with the Office of City Manager or its designee.
The Economic and Community Development Department will serve as the designated office for approval of
67
Page 3 of 9
11/24/08
contractual agreements and budget changes as needed to accomplish project completion, in accordance with
Council approved procedures.
The Director of Economic and Community Development (Director) will be responsible for authorizing the amount of
assistance to be made available to the project in accordance with the implementing procedures. This determination
will be based upon evaluations of the costs to be incurred by providing the housing assistance and upon the
demonstrated needs of eligible applicant(s).
The Director will also be responsible for approval of applicant eligibility for this program and final approval of
selection of applicants to be assisted. This will be based upon relative need of applicants for the specific housing
assistance sought.
C. PROGRAM IMPLEMENTATION PROCESS
Steps in implementing the Program will be as follows:
The Department of Economic & Community Development (Department) will create and maintain applications for all
housing assistance programs. All applicants shall submit a completed application to the Department, and await an
evaluation of eligibility by the appropriate staff member(s). For this particular Program, applicants are required to
hold majority title interest to an improved property within the corporate limits of College Station, which is their
permanent place of residence, prior to submitting an application. A $20 non-refundable application fee will be
required to process the application under this program.
Program staff will evaluate all applications for eligibility and prioritize the processing of applications based upon
completeness and accuracy of information/documentation and demonstrated housing need. Program staff will
process applications as expeditiously as possible, considering funding limitations and other staff responsibilities as
assigned.
Applicant(s) will be notified by phone if they are eligible for participation in the program. If the applicant(s) are not
eligible, they will be notified in writing, with an explanation of why they do not qualify. Non-qualification issues may
include (but are not limited to) income, assets, deed restrictions, title concerns, environmental concerns and/or
household make-up.
Once the applicant is deemed eligible, they will be required to sign an agreement with the City committing to attend
homeowner education classes before commencing with the rehabilitation process of their property (homeowner
education classes will not be required of those applicants receiving minor home repair assistance). The City will
provide homeowner education classes to explain the financial, tax burden, maintenance and code compliance
responsibilities of homeownership. Only upon completion of the required classes, will the applicant(s) be able to
continue with the program implementation process. If the applicant decides to discontinue the homeownership
education classes by failure to attend mandatory classes, the City will notify them in writing that they have been
removed from participation in the program.
Following completion of the required homeowner education classes, program staff will meet with the applicant(s) to
explain the basic goals and objectives of the Program and further assess the needs of the applicant(s) household
that will occupy the dwelling once completed. After the household needs are fully assessed, staff will assess the
project site to determine any additional rehabilitation needs of the home in order to fully realize a decent, safe and
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sanitary unit. Program staff will make every effort, while crafting a plan for the home rehabilitation, to incorporate
the City’s most current Green Building Standards into the project scope. Any incentives offered from federal, state
or local agencies for conformance with Green Build Standards shall be accessed by the program as appropriate
and when applicable.
Applicant(s) will be involved in several meetings with program staff to ensure proper steps are followed in the
rehabilitation process of their homes. The applicant may also be required to accompany program staff to appear
before City planning boards and/or commissions to request variances or approval of special circumstantial
development needs.
Once the rehabilitation plan has been completed, and any other City required approvals have been accomplished,
program staff will place the project out for bid to approved contractors in compliance with the City’s procurement
and process regulations. Prior to bid, program staff will prepare a construction estimate by which to compare
submitted bid amounts. Should submitted bids prove to be more than 10% of the construction estimate, the
applicant will have the option to reject all bids and re-bid the project, or select the lowest responsible bidder (if
program staff deems the lowest responsible bid reasonable within the project estimate). Applicant (Owner) will then
enter into a construction contract with the lowest responsible bidder (Contractor), allowing the City to be the Owner
Representative through the construction process, attending to progress payments and change orders in a timely
manner on behalf of the Owner. For projects involving only minor repair, repair work shall be done in accordance
with the City prepared scope of work and in accordance with City Purchasing policies.
Program staff will obtain all required close-out documents at project completion and the loan closing will be
scheduled.
Homeowners will be required to comply with all terms and conditions of their program agreement until all of the
terms of their loan have been satisfied. Due to the type and source of funding, homeowners provided assistance
through this program can expect rigorous enforcement of the terms and conditions of their loans.
D. APPLICANT ELIGIBILITY CRITERIA
Eligible applicants of this Program must meet the following qualifications:
1. Income: An applicant must have a gross income of 80 percent or less than of the College Station/Bryan area
median income as reported by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Income
determinations) and 24 CFR § 5.609 (Annual income).
2. Assets: Applicants will not be eligible for this Program if, upon application, they have assets exceeding
$20,000 on hand. Retirement funds in IRS recognized retirement accounts are excluded.
3. Principal Residence and Homestead: Applicants will be required to certify that they intend to occupy the new
reconstructed dwelling as their principal residence upon project completion. Occupancy will be determined
through verification of utility consumption, and other verifications determined acceptable and/or necessary by
the City, on an annual basis.
4. Credit: Qualified applicants will have an average FICO credit score of no less than 600, with no bankruptcies,
foreclosures, student loan delinquencies, income tax delinquencies, child support delinquencies or
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repossessions within the previous two years. The Director may waive this requirement if necessary to
accomplish other City or program objectives, or under extraordinary circumstances.
5. Employment History: Applicants must have an employment history in the same job, or in the case of
professional, salaried employees (as defined in 29 CFR § 541 meeting any of the requirements in Subparts
B,C,D,E, or F), in the same field of employment, for a minimum of twelve (12) months.
6. Student Loans: Student loans, which are currently deferred at the time of application, will be included in the
debt ratio calculation as if in repayment status.
7. Citizenship: In order to receive Program assistance, applicants must be United States Citizens, U.S. Non-
Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Qualified alien status will be verified by the Citizenship and Immigration Services
division of the U.S. Department of Homeland Security.
E. ELIGIBLE PROPERTY CRITERIA
Property eligible for Program assistance is subject to the requirements of 24 CFR § 92.254 (Qualification as
affordable housing: Homeownership) and as follows:
1. Location: The Program will be implemented on a city-wide basis within the corporate limits of the City of
College Station. Properties that lie partially within the corporate limits will be considered on a case-by-case
basis. However, program preference will rest with properties wholly in the City.
2. Property Type: Eligible properties must be improved, single-family residential lots, which are:
a. The principle residence of the applicant, and
b. Substandard but structurally sound, and
c. Have all utility service connections available to the property.
3. Title: The applicant household must hold majority title to the property. An existing mortgage will not
prohibit participation in the program.
4. All eligible properties, following rehabilitation, shall not exceed 95 percent of the maximum amount
insurable under Section 203(b) of the National Housing Act (FHA lending limit) for the College
Station/Bryan area.
5. Manufactured Housing: Manufactured housing units are not eligible for program assistance unless:
a. the property on which the manufactured home sits is owned by the applicant; and
b. the property is properly zoned; and
a. the applicant has resided in the home and on that site for not less than two years, prior to the
application date, and
b. the applicant and subject property are only eligible for minor repair assistance under program
guidelines.
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F. LOAN INSTRUMENTS
The HRMHRP shall use loan instruments (real estate lien note, deed-of-trust, mechanic's lien contract, mechanic's
lien note and transfer of lien) adapted to this program in order to provide financial assistance to eligible applicants
and to comply with the provisions of 24 CFR § 92.254(a)(5)(ii)(A) (Recapture, Net Proceeds).
Affordability shall be determined by ensuring the total PITI (principal, interest, taxes, and insurance) payment (front
ratio) of the permanent financing is not less than 20% but not more than 35% of the monthly income of the eligible
applicant. With Director approval, the upper percentage may be slightly exceeded under extenuating
circumstances that demonstrate the buyer’s ability to handle higher payments. The maximum total debt-to-income
ratio (back ratio) is 45% (depending on credit score, Director may require a lower percentage).
Program loan instruments shall require that the property must be maintained to meet all applicable City codes,
including code enforcement ordinances, community appearance and development standards.
Refinancing of the first mortgage for the purpose of the reduction of monthly payments, term or interest rate is
acceptable, however, refinancing which results in any cash being received by the homeowner is not allowed.
The City shall have the prior right to purchase the ownership interest in the property from the initial HRMHRP
homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. The City
shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60
additional calendar days to complete closing of the property.
Military Deployment - In the event that the homebuyer is deployed on active duty, the homebuyer may, at their
discretion, rent the home during the time of deployment to an income-eligible applicant if the homebuyer's monthly
mortgage payment will exceed 30% of gross monthly income after deployment. The maximum rent will be
determined by published maximum HUD rents for the area. The Department of Economic and Community
Development will verify income eligibility of the rental applicant and will file a copy of the deployment orders in the
homebuyer's client file. If the home is rented to an income-eligible applicant, or is occupied by the homebuyer's
dependents, the rehabilitation loan will continue to be deferred.
G. FEASIBILITY OF REHABILITATION
1. Feasibility of rehabilitation of property to minimum program standards will be made following a detailed
inspection of the property by program staff. This inspection includes completing a list of deficiencies which
must be corrected in order to bring the structure into compliance with HUD requirements and all applicable
City of College Station codes and expectations.
2. Feasibility of rehabilitating structures under established program limits will be determined by an
assessment of the following two criteria:
a. The estimate of costs needed for all required repairs and renovations (or to remedy immediate threats
to health and safety in emergency cases) must fall within program limits.
b. For all required repairs and renovations, rehabilitation costs shall not exceed 75% of the total
estimated post-rehabilitation value for the structure.
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Units not meeting these standards will be determined infeasible for rehabilitation assistance and, therefore,
considered only for minor home repair assistance or reconstruction assistance. Applicants owning
manufactured housing units may, in some extreme instances, be eligible for minor home repair, but are not
eligible for rehabilitation assistance.
H. SELECTION OF RECIPIENTS FOR ASSISTANCE
1. Recipients for assistance of this program will be taken from the applications of eligible homeowners residing in
substandard structures determined to be structurally sound by program staff.
2. The number of recipients to receive assistance will be subject to general availability of funds.
3. Economic & Community Development staff will evaluate all applications of eligible homeowners whose
structures are determined to be feasible to rehabilitate. Based upon this evaluation, a recommendation will be
made to the Director as to the order of applicants to be assisted. Generally, those in the most imminent danger
to personal health or safety will be extended priority under the program.
4. Criteria to be used to make this evaluation will include the following items listed in priority order:
a. Degree of threat to health and safety of occupants presented by continuance of residing in the structure.
This will include evaluation of factors such as availability of basic services including water, sewer,
electricity, and structural deficiencies of the home.
b. Health and handicapping disabilities of occupants which necessitates the home to undergo handicapped
accessible construction because of the owner’s existing situation.
c. Time and date that all application requirements are met.
d. Time and date of application.
I. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES
1. Minor home repair assistance shall be in the form of a grant, through federal CDBG funds. The allowable
budget authority for minor repair assistance shall not exceed Three Thousand and No/100 Dollars ($3,000.00)
per applicant for eligible project costs.
2. The primary form of general housing rehabilitation assistance will be federal CDBG and/or HOME funds to pay
for eligible program costs. The allowable budget authority for rehabilitation assistance shall not exceed Thirty
Thousand and No/100 Dollars ($35,000.00) per applicant for eligible project costs (excluding program staff
costs). Since each rehabilitation project is unique in preparation, size and duration, additional costs may be
required to carry a project from commencement to completion. These additional costs will be financed by
owner proceeds or by an additional loan from a private lender. Under no circumstances will the owner be able
to finance more debt than is allowed under Program debt to income ratios.
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· Large households that qualify for a rehabilitation requiring additional bedrooms as mandated by the City’s
building code occupancy requirements may be eligible for up to an additional Five Thousand and No/100
Dollars ($5,000.00) in hard construction costs.
· Households with handicapped or special needs members may qualify to receive an additional Five
Thousand and No/100 Dollars ($5,000.00), in hard construction costs, to address accessibility and / or
special needs.
· These additional funds are to be used only for large household and handicap/special needs
accommodations, as determined feasible by the Director after examination and verification of household
needs by Program staff.
3. The City of College Station shall hold first lien position on the loan for the duration of the lien period. However,
in extreme and isolated situations where first lien position is not feasible, the City may accept a lower lien
position subject to the review and approval of the Director. The lien shall be released when the following
conditions are met:
· the homeowner resides in the home for the entire loan lien period; and
· the property is maintained to meet any and all applicable City code requirements including those as may
be revised; and
· loan payments are paid in a timely manner; and
· homeowner provides annual documentation of adequate homeowner's insurance, including casualty and
fire coverage, with the City listed on the Certificate of Insurance to be notified in case of policy
cancellation and as additionally insured; and
· homeowner provides annual documentation demonstrating that property taxes (and/or applicable
payment plans) are current.
4. If the owner expires during the lien period, or is medically unable to occupy the structure, the controlling or
surviving household / family member(s) may occupy the property regardless of income status.
5. Program intent is to maintain owner-occupancy in the rehabilitated dwellings. In the event of a sale, transfer of
ownership or renting of the property during the lien period, the following conditions must apply to avoid default:
· The owner must sell or offer the assumption of the loan to a low/moderate income household for their
homestead and approved by the Director; and
· The owner shall give the city a first right of refusal to purchase the ownership interest in the property from
the homeowner for the amount specified in a firm contract between the homeowner and a prospective
buyer. The city shall have 10 business days after receiving notice of the firm contract to decide whether
to exercise its right and 60 calendar days to complete closing of the property.
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6. If within the lien period the homeowner defaults on the loan, the loan will be called due in full and foreclosure
proceedings may be initiated. The City will make every effort to work with the homeowner to avoid foreclosure
and will examine each situation on a case by case basis.
J. REHABILITATION AGREEMENT
Each applicant assisted through this Program will sign a Rehabilitation Agreement with the City which defines the
overall terms and conditions of the City providing the HRMHRP assistance. Other construction documents will be
required to be executed by the applicant during the rehabilitation assistance process, but the Rehabilitation
Agreement will be solely between the City and the applicant, and will be the primary instrument submitted for City
Manager approval, before the project may commence.
K. FINAL INSPECTION - CERTIFICATE OF OCCUPANCY
The City of College Station will be responsible for final inspection of all housing units made available through the
program to determine that the unit meets all City of College Station and HUD requirements. Final payment will not
be made until the City of College Station has issued a Certificate of Occupancy for the renovated unit and all items
identified in a punch list have been corrected. The owner will also be required to sign-off on the final progress
payment document to the contractor. The Certificate of Occupancy will serve as evidence to HUD of the City's
determination that the renovated structure is no longer substandard, but has become code compliant and a decent,
safe, and sanitary dwelling.
74
November 24, 2008
Consent Agenda Item No. 2k
Certified “Film Friendly Texas” Community
and Adoption of Guidelines for Filming
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion on a resolution
supporting the City’s desire to become a certified “Film Friendly Texas” Community
through the State of Texas Film Commission; and adoption of the Guidelines for
Filming in the City of College Station.
Recommendation(s): Staff recommends approval of the Resolution and that the
City Council take action to adopt the attached Guidelines, which are required to be
considered for “Film Friendly Texas” Certification.
Summary: Since early March, the Bryan-College Station Convention & Visitors
Bureau has assisting local representatives to become a certified “Film Friendly
Community” as designated by the Texas Film Commission.
The City is home to several unique assets that could be promoted to media
production companies and utilized for on-location filming. On-location filming in
College Station has the potential to boost the local economy and provide numerous
area-wide promotional opportunities.
By becoming a certified Film Friendly Community, the City will be able to take
advantage of many of the services provided by the Texas Film Commission which
currently help to promote and market the community to the national entertainment
industry. These include guidance and assistance in handling commercial filming
opportunities; recognition on the Commission’s website; and an opportunity to be
featured as “Community of the Month” on the Commission’s website.
Budget & Financial Summary: The adoption of the Resolution and proposed
Guidelines are intended to be cost neutral. It is also important to note that this
certification is intended to be an economic driver that would have a long-term,
positive effect on the local economy through additional tourism and production-
related expenditures. Any fiscal impact incurred by the City will be in part offset by
the fee and use rate schedule included in the Guidelines. This schedule includes a
$25 application fee and the rate schedule for the use of City property includes a
$500 disruptive use fee for any public building, a $250 per day fee for the partial
non-disruptive use of a public building, a $50 per day fee for the total closure of a
public street or right-of-way, and a $25 per day fee for the partial closure or
obstruction of a public street or right-of-way. In addition the applicant will agree to
pay for the costs of any Police, Fire, Public Works or other City personnel assigned to
the project.
Attachments:
1 – Resolution
2 – Guidelines for Filming
75
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, IN SUPPORT OF THE CITY'S ECONOMIC DEVELOPMENT EFFORTS TO
BECOME CERTIFIED BY THE STATE OF TEXAS FILM COMMISSION AS A "FILM
FRIENDLY TEXAS" COMMUNITY AND APPROVING THE CITY'S GUIDELINES FOR
COMMERCIAL FILMING.
WHEREAS, the City of College Station, Texas, has many unique assets that dstinguish the
community as a favorable location for various meda projects; and
WHEREAS, a goal of the City of College Station, Texas, is to provide opportunity for economic
development and increase the overall exposure of the community; and
WHEREAS, the State of Texas Film Commission requires interested municipalities to adopt
Guidehes for Filrmng in order to become a "Film Friendly Texas" community; and
WHEREAS, the City of College Station, Texas, recognizes the economic benefit to the community
to be gained from encouraging the use of the City for commercial fhg and taping of movies,
television programs, commercials, training films and related activities; and
WHEREAS, the City of College station, Texas, desires to encourage commercial filrmng and taping
of movies, television programs, commercials, training films and related activities within the City; and
WHEREAS, the purpose of the Guidelines for Commercial Fhg, attached hereto as Exhibit A,
is to set out a process to be followed for approval to film or tape movies, television programs,
commercials, training films and related activities, using City-owned property, personnel and
equipment; and
WHEREAS, the City Council of the City of College Station, Texas, has reviewed the City's
Guidehes for Commercial Fhg; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby approves the City's Guidehes for Commercial
Fhg, attached hereto as Exhibit A, as required to be considered for "Film
Friendly Texas" certification by the State of Texas Film Commission.
PART 2: That the City of College Station, Texas, supports promoting the community for
various meda projects.
PART 3: That ths resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary Mayor
76
APPROVED:
City Attorney
77
EXHIBIT A
Guidelines for Commercial Fllrmng
78
79
CONTENTS
I. PURPOSE
II. ClTY CONTROL/CITY MANAGER AUTHORITY
Ill. PERMIT REQ1,IIREMENTS
IV. FEES
V. USE OF ClTY EQUIPMENTL
VI. USE OF ClTY PERSONNELY
VII. USE OF ClTY PROPERTY OTHER THAN EQLllPMENT
VIII. SPECIAL EQUIPMENT AND VEHICLES
IX. TRAFFIC ROUTING
X. HOURS OF FILMING
XI. NOTIFICATION OF NEIGHBORS
XII. CERTIFICATE OF INSURANCE
XIII. HOLD HARMLESS AGREEMENT
XIV. LIABILITY
80
ki@r Guidelines for Commercial Filminq
I. PURPOSE
The following guidelines are intended to protect the personal and property rights of the residents and
businesses of College Station. The City Manager, or hislher designee, reserves the right to impose
additional requirements in the interest of public health, safety and welfare if deemed necessary.
These guidelines cover requests for commercial use of City-owned property (streets, right-of-ways, and
public buildings), equipment and personnel in the filming or taping of movies, television programs, training
films, commercials, and related activities.
If the filming or taping of movies, television programs, training films, commercials and related activities
includes a parade or special event as defined in the City of College Station Code of Ordinances, or if any
provision of the Code of Ordinances otherwise applies, the requirements of the Code of Ordinances must
be met. In the event of a conflict between these Guidelines and the Code of Ordinances, the
requirements of the Code of Ordinances will control.
II. ClTY CONTROLlClTY MANAGER AUTHORITY
The City Manager, or hislher designee, may authorize the use of any street, right-of-way, or public
building, equipment or personnel for commercial uses in the filming or taping of movies, television
programs, commercials, or training films and related activities. In conjunction with these uses, the City
Manager, or hislher designee, may require that any or all of the conditions andlor remuneration as
specified on the application be met as a prerequisite to that use.
The City of College Station shall have full control over the use of public streets and buildings of the City
while being used, as well as control over the hours of production and the general location of the
production. The City reserves the full and absolute right to prohibit all filming or taping or to order
cessation of filming or taping if the City determines such filming or taping to be detrimental to public
health, safety and welfare.
City departments (i.e., Police, Fire, Building) shall have access to all structures and/or devices and
equipment to be used in connection with the filming or taping if required by the City Manager, or hislher
designee.
Ill. PERMIT REQUIREMENTS
Before filing an application for a permit to film or tape a movie, television program, training film,
commercial and related activities in College Station, the Department of Economic and Community
Development must be contacted to discuss the production's specific filming or taping requirements and
the feasibility of filming or taping in the community.
Any commercial producer who desires to undertake a commercial film or tape production in the City of
College Station is required to complete and return the attached application for filming to the Department
of Economic and Community Development within the following:
For commercials or episodic television a minimum of two (2) business days prior to the
commencement of filming or taping or any substantial activity related to the project.
For feature films and training films a minimum of five (5) business days prior to the
commencement of filming or taping or any substantial activity related to the project.
IV. FEES
An application processing fee of $25 must accompany each application for filming or taping in the City of
College Station. The City Manager, or hislher designee, may waive this fee for not-for-profit
organizations.
V. USE OF ClTY EQUIPMENT
The applicant will pay for the costs of any City equipment assigned to the project (whether specifically
requested by the applicant or not). Fees for the use of any City equipment, including Police squad cars
' and fire equipment, will be established by the City Manager in a fee schedule. A security deposit may be
required. The applicant shall pay in full, promptly upon receipt of an invoice, the charges incurred.
81
Guidelines for Commercial Filrr~inq
VI. USE OF ClTY PERSONNEL
The applicant will pay for the costs of any Police, Fire, Public Works, or other City personnel assigned to
the project (whether specifically requested by the applicant or not). The City Manager, or hislher
designee, has the authority to require additional City personnel assigned to the project if it is determined
to be in the interest of public safety, health and welfare. Fees for the use of any City personnel will be
established by the City Manager in a fee schedule. The applicant shall pay in full, promptly upon receipt
of an invoice, the charges incurred.
VIII. USE OF ClTY PROPERTY OTHER THAN EQUIPMENT
The City Manager, or hislher designee, may authorize the use of any street, rlght-of-way, or public
building, or use of the College Station, Texas name, trademark or logo, for commercial uses in the filming
or taping of movies, television programs, commercials, or training films and related activities. Fees for the
use of any City property other than equipment will be established by the City Manager in a fee schedule.
A security or damage deposit may be required based on production activity. The applicant shall pay in
full, promptly upon receipt of an invoice, the charges incurred.
Depending upon the extent of the use of City property, the applicant shall reimburse the City according to
the following rate schedule:
A. Total or disruptive use (regular operating hours)
per day of a public building: $500 per day
B. Partial or non-disruptive use of a public building: $250 per day
C. Total closure of public street or right-of-way
(including parking lots and on-street parking): $50 per day
D. Partial closure or obstruction of public street
or right-of-way (including parking lots and
on-street parking): $25 per day
E. Use of City parking lots, parking areas, and
City streets (for the purpose of parking film
trailers, buses, catering trucks and other
large vehicles $50 per day I per block or lot
The applicant agrees that the City of College Station shall have full control over the use of the name,
trademark and logo, public streets, right-of-ways and buildings of the City while being used, as well as
control over the hours of production and the general location of the production. The City reserves the full
and absolute right to prohibit all filming or taping or to order cessation of filming or taping if the City
determines such to be hazardous to the public health, safety and welfare.
VIII. SPECIAL EQUIPMENT AND VEHICLES
The applicant shall provide a report listing the number of vehicles and types of equipment to be used
during the filming or taping including their proposed hours of use and their proposed parking locations.
Such locations will need to be specifically approved by the City so as to maintain traffic safety. On-street
parking or use of public parking lots is subject to City approval. The use of exterior lighting, power
generators, or any other noise or light producing equipment requires on-site approval of the City.
82
&if/" Guidelines for Commercial Filming
IX. TRAFFIC ROUTING
The applicant shall coordinate a Traffic Routing Plan with Traffic Operations, Police and Fire Departments
for all proposed productions that may affect a public roadway. The Traffic Routing Plan will specifically
address the planning and safe, efficient and environmentally compatible operation of traffic around the
production site. The Traffic Routing Plan must be approved by the City Manager, or hislher designee.
X. HOURS OF FILMING/TAPING
Unless permission has been obtained from the City in advance and affected property dwners are notified,
filming or taping will be limited to the following hours: Monday thru Friday 7:00 a.m. to 9:00 p.m. and
Saturday, Sunday and holidays 8:00 a.m. to 8:00 p.m.
XI. NOTIFICATION OF NEIGHBORS
The applicant shall provide a short written description to be approved by the City Manager, or hislher
designee, of the schedule for the proposed production to the owners and residents of each property in the
affected neighborhood (as defined by boundaries set by the City Manager, or hislher designee). The
applicant, or hislher designee, shall communicate with owners and residents of all such property and
submit as part of this application a report noting any owner or resident's comments along with the address
and phone numbers of all such property owners and residents and their signatures.
XII. CERTIFICATE OF INSURANCE
The applicant shall attach a certificate of insurance, naming the City of College Station as an additional
insured, in an amount not less than $1,000,000 general liability, including bodily injury and property
damage with a $5 million umbrella; and automobile liability (if applicable) in an amount not less than
$1,000,000 including bodily injury and property damage.
XIII. HOLD HARMLESS AGREEMENT
The applicant shall sign the following Hold Harmless Agreement holding the City of College Station
harmless from any claim that may arise from their use of designated public property, right-of-way, or
equipment in conjunction with the permitted use:
I certify that I represent the firm which will be performing the filming/taping at the locations specified on
the attached permit application. I further certify that I and my firm will perform in accordance with the
directions and specifications of the City of College Station, Texas, and that I and my firm will indemnify
and hold harmless The City of College Station, Texas for and from any loss, damage, expense, claims
and costs of every nature and kind arising out of or in connection with the filming~laping pursuant to this
permit.
Signed:
Title:
Date:
County of
State of
I, , certify that signed the
above statement in my presence on , 20-.
3
83
&iff'- Guidelines for Commercial Filrninq
Seal:
Notary Public
XIV. LIABILITY
The applicant agrees to pay in full, promptly upon receipt of an invoice, the costs of repair for any and all
damage to public or private property, resulting from or in connection with, the production, and restore the
property to its condition as found prior to the production.
84
November 24, 2008
Consent Agenda Item No. 2L
Homeland Security Grant Program
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution accepting from the Governors Division of Emergency Management (GDEM) the 2008
Homeland Security Grant Program –Sub-recipient of $166,666.67 naming a City staff member
as manager of those grant funds, and approving the 2008 City of College Station Equipment List
for purchase.
Recommendation(s): Staff recommends acceptance of the grant from the Governors Division of
Emergency Management (GDEM), and recommends that the Emergency Management
Coordinator be designated as the “Grant Manager” for the administration of this grant. It is also
recommended that the attached 2008 City of College Station Equipment list be approved for
purchase.
Summary: The City of College Station has been awarded the FY08 Homeland Security program
Grant of $166,666.67 through GDEM. The funding will be used by city departments to purchase
equipment that will enhance our planning, training and response capabilities to terrorist
threats or catastrophic events. Attached is the equipment list for the FY-08 Homeland security
Grant Program which funds are to be expended. The period of performance of this agreement
shall end on January 15, 2011.
Budget & Financial Summary: This is an equipment grant and the City of College Station has no
matching funds committed. Dependent upon equipment requested, future budgets might
include requests for O&M for equipment obtained.
Attachments:
Resolution
2008 Homeland Security Grant Program Notice of Sub-recipient Award – 6-SR 15976-01
2008 City of College Station Equipment List
85
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, ACCEPTING THE 2008 HOMELAND SECURITY GRANT PROGRAM SUB-
RECIPIENT AWARD FOR THE PURCHASE OF RESPONSE EQUIPMENT AND
AUTHORIZING A CONTACT PERSON FOR THE CITY.
WHEREAS, the Office for Domestic Preparedness, a component of the U.S. Department of
Homeland Security, has awarded the Governor’s Division of Emergency Management (GDEM)
the 2008 Homeland Security Grant Program; and
WHEREAS, the Governor’s Division of Emergency Management (GDEM) has served the City
of College Station with a Notice of Sub-recipient Award for the 2008 Homeland Security Grant
Program in the amount of $166,666.67 to be used in this performance period ending on January
15, 2011; and
WHEREAS, the intent of this sub-grant is to aid in the City’s ability to enhance its capacity to
prevent, respond to and recover from acts of terrorism and natural disasters; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby accepts the Sub-recipient Award for
the 2008 Homeland Security Grant Program in the amount of
$166,666.67 from the Governor’s Division of Emergency
Management (GDEM).
PART 2: That the City Council hereby approves the 2008 City of College
Station Equipment List for purchase to aid in the City’s ability to
enhance its capacity to prevent, respond to and recover from acts
of terrorism and natural disasters.
PART 3: That the City Council hereby authorizes the Emergency
Management Coordinator to serve as the Grant Manager for the
City of College Station to sign agreements with the Governor’s
Division of Emergency Management and hereby designates said
position to receive this award on behalf of the City of College
Station.
PART 4: That this resolution shall take effect immediately from and after its
passage.
86
ORDINANCE NO. __________ Page 2
ADOPTED this ______________ day of ____________________________, A.D. 2008.
ATTEST: APPROVED:
_______________________________ ______________________________
City Secretary Mayor
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
87
November 24, 2008
Consent Agenda Item No. 2m
Project Number GG0402
Change Order No. 3 for the Police Department Renovations
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a change order
to Contract #04-086 in the amount of $6,800.00 to BRW Architects for design work
associated with Police Department Renovations Project.
Recommendation(s): Staff recommends approval of this item.
Summary: The renovations of the Police Department will be completed in 5 separate
phases. During the demolition portion of the third phase of construction, demolition of an
existing wall revealed a four (4) inch diameter electrical conduit that had not been noted on
existing plans of the building. Examination of the conduit by the architect, contractor and
City staff yielded the conclusion that the conduit could not be moved or removed from the
location it occupied. This required the architect to redesign the third phase of the project.
The architect is seeking a change for added drafting work associated with the redesign of
the third phase of the project.
At the request of the Police Department Staff, the front lobby was asked to redesigned to
provide a more open and inviting setting to the general public. The architect provided a
redesign of the front lobby to accomplish this goal. The architect is seeking a change for
additional drafting services associated with the new design for the front lobby.
Budget & Financial Summary: Funds are budgeted and available in the General
Government Capital Improvement Projects Fund as part of the Police Department
Renovations Project. The current project budget is $3,686,000.00. Funds in the amount of
$3,004,521.22 have been expended or committed to date, leaving a balance on
$681,478.78.
Attachments:
1. Change Order No. 3
88
89
November 24, 2008
Consent Agenda Item No. 2n
Change Order #2 to Engineering Design Contract for Parallel Transmission Line
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding change order
#2 to engineering design contract 07-152 with Malcolm-Pirnie, Inc in the amount of
$38,125 for construction inspection services on the Parallel Water Transmission Line.
Recommendation: Staff recommends Council approve this change order.
Summary: On September 27, 2007 City Council approved an amendment to the
engineering design contract for the Parallel Water Transmission Line, to provide a full time,
on site construction project representative (or inspector). This inspector was hired by our
design firm, Malcolm-Pirnie Inc, and the project is now nearing final completion. This
project is the final phase of our parallel water transmission line, which extends from State
Highway 21 to Villa Maria, and will complete the parallel transmission infrastructure from
Sandy Point Pump Station to Dowling Road Pump Station.
The project has been highly successful, but requires significant additional inspection work to
coordinate work after hours, and to liaison with multiple property owners along the route.
Additional funds in the amount of $38,125 must be added to our design contract to
compensate for work that is beyond our original expectations.
Given the highly specialized and critical nature of this element of our water system
infrastructure, this cost is a prudent investment, and staff recommends approval.
Budget & Financial Summary: Funds in the amount of $9,138,793 are currently budgeted
in the Water Capital Improvement Projects Fund for this project. $8,955,743.50 has been
expended or committed to date, leaving a balance of $183,049.50.
Attachment:
Change order 2
90
91
November 24, 2008
Consent Agenda Item No. 2o
Saline Well Feasibility Study
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding a resolution to
award a professional services contract to Malcolm Pirnie Inc. in the amount of $50,000 to
conduct a feasibility study for the use of saline (brackish) groundwater wells to increase our
drinking water supply.
Recommendation: Staff recommends approval of this resolution.
Summary: As discussed with City Council several times over the past year, the College
Station water supply must be increased to accommodate rapid growth. We are pursuing
additional traditional Simsboro water wells, but the Simsboro aquifer is reaching its
maximum permitted withdrawal limit, and alternative water sources must be investigated.
This study will provide an expert evaluation on the feasibility of using brackish groundwater
for future water supplies for the City. This groundwater is from the same Simsboro aquifer
as the existing water wells, but we are proposing to drill a well much further south, where
the aquifer is deeper and has a high salt content, which makes it non-potable. This water
would require a special treatment process to make the water potable, and technological
advances in water treatment may now make operating these brackish groundwater wells
economically viable.
Malcolm Pirnie Inc. will provide an assessment of the various alternatives available to use
this brackish groundwater supply. The study will include construction cost estimates and
approximate efficiency of operating the latest generation of reverse osmosis filtration now
available in the water treatment industry. These costs and benefits can then be analyzed by
staff to determine the best course of action for the development of future water supplies for
the City. This study supports the Water Services Department Strategic Business Plan.
Malcolm Pirnie was determined to be the most qualified firm to conduct this study based on
previous, and on-going, work they have with the City.
Budget & Financial Summary: A Service Level Adjustment (SLA) in the amount of
$35,000 was approved in FY09 for this study. The additional needed funds will come from
funds budgeted in the Water Services operating budget on an annual basis for professional
services special studies.
Attachment:
Resolution
92
93
November 24, 2008
Consent Agenda Item No. 2p
Resolution Determining Need (Easement Acquisition)
Wellborn Widening Project (Water Line Relocation)
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
Resolution that will authorize City staff to negotiate for the purchase of an easement needed
for the Wellborn Widening Project.
Recommendation(s): Staff recommends approval of the Resolution.
Summary: The Wellborn Widening Project entails the relocation of a water line that was in
conflict with TxDOT’s plans for widening Wellborn Road, from FM 2818 to SH 40. The old
water line has been abandoned and most of the new water line has already been relocated.
This remaining section of the water project was delayed because of a conflict between the
Union Pacific Railroad and adjoining landowners. The new water line is needed to increase
our capacity for transporting fresh water from the Dowling Road Treatment Plant to the
water tower on SH 6 and WD Fitch Parkway.
Authorization of the attached resolution will enable staff to proceed with negotiations for the
thirty foot (30’) wide permanent public utility easement and the thirty foot (30’) wide
temporary construction easement along the west side of Wellborn Road and the Union
Pacific Railroad, south of Rock Prairie Road.
Budget & Financial Summary: $4,250,000 is currently budgeted for this project in the
Water Capital Improvement Projects Fund. Funds in the amount of $3,454,913.62 have
been expended or committed to date, leaving a balance of $795,086.38 for land acquisition
and the remaining line relocation.
Attachments: Resolution Determining Need with Exhibit “A”
Project Maps (2)
94
RESOLUTION DETERMINING NEED
RESOLUTION NO. _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE,
COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT-OF
WA Y AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE
WELLBORN WIDENING PROJECT; (2) A DECLARATION THA T PUBLIC
NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH
PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR
THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY.
WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly
incorporated and chartered under the Constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, re-constructs, repairs and maintains a
city water system as a public service; and
WHEREAS, the City's ownership, operation, construction, re-construction, repair, and
maintenance of the city water system is a benefit to the public; and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of
eminent domain to acquire property in order to carry out the ownership, operation,
construction, re-construction, repair, and maintenance of its water system pursuant to
Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property
Code, and Article II of the City's Charter; and
WHEREAS, the City is engaged in the following project regarding improvements to the
Wellborn Widening Project, including ownership, operation, construction, re
construction, repair, and maintenance of the water system and installation of other public
utilities, (the "Project"); and
WHEREAS, the City determines that the best interests and needs of the public, including
the health, safety and welfare of the public, require that the City carry out the Project,
through the City's acquisition, by purchase or condemnation proceeding, of the right-of
way and easements as provided in Exhibit A, attached hereto and incorporated herein by
reference for all purposes (the "Right-of-Way and Easements"); now, therefore;
95
------Resolution No. Page 2
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council of the City of College Station, Texas, hereby
officially determines that there is a public necessity for the Right-of-Way
and Easements, and the public welfare and convenience will be served by
the acquisition of the Right-of-Way and Easements.
PART 2: That the City Manager is hereby authorized to contract, on behalf of the
City of College Station, with a professional appraiser for the appraisal
services, with a professional real estate agent to act as a Land Agent for
the City and with attorneys for preparation of title opinions needed by the
City from time to time in connection with acquisition of the Right-of-Way
and Easements.
PART 3: That the City's Land Agent or other staff appraiser is hereby authorized
and directed to examine the independent appraisal reports as they are
submitted to the City to determine whether said appraisal reports are
supported by sufficient data. Based upon such examination of said
appraisal reports, the Land Agent or other staff appraiser shall make a
recommendation to the City Manager as to the establishment and approval
of the amount of the just compensation for the Right-of-Way and
Easements.
PART 4: After consideration of said recommendation, the City Manager shall
establish and approve the amount determined for acquisition of the Right
of-Way and Easements.
PART 5: Upon establishment and approval by the City Manager of the amount of
just compensation for the acquisition of the Right-of-Way and Easements,
the City'S Land Agent or other staff appraiser is authorized to
communicate a written offer to the property owners for the acquisition of
such interest at the full amount determined and established to be just
compensation therefore and to negotiate with said owners on behalf of the
City.
PART 6: That the Mayor after approval by City Council, or the City Manager as
delegated, is hereby authorized to execute all documents necessary to
acquire said Right-of-Way and Easements for the Project, on behalf of the
City of College Station.
96
Resolution No. Page 3
PART 7: That, if necessary, and should a property owner fail to accept a bona fide,
good faith offer from the City to purchase the required Right-of-Way and
Easements, City representatives shall have the authority to initiate and
conlplete condenlnation proceedings against said owner, in order to
acquire through condemnation all required property interests and title
regarding such property.
PART 8: Tllat the City Manager be and is hereby authorized to sell any such surplus
improvements, or order the demolition thereof, if any, located on the real
property acquired in connection with this Project.
PART 9: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
C~ft~tn1.·
City Attorney
97
._-------_.
EXHIBIT "A" to RESOLUTION DETERMINING NEED
Permanent Public Utility Easement -Thirty Feet (30') in Width
Tract Name: Ellington and Hill Tract
Property Owner (current or former): BETTY SUE ELLINGTON SCHUETTE,
Individually and as Independent Executrix of the ESTATE OF VERNA LILLIAN
ELLINGTON, Deceased, and PEGGY ANN ELLINGTON SORENSON and MARTHA
JANE ELLINGTON HILL
Note: The above mentioned Permanent Public Utility Easement is more particularly
described by field notes and plat, attached hereto and incorporated herein.
Temporary Construction Easement -Thirty Feet (30') in Width
Being a thirty foot (30') wide strip of easement extending along and adjoining the south
and southwest side of the above mentioned Permanent Public Utility Easement.
98
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 690-3378/693-2777
Proposed 30' Easement
Ellington and Hill Tract
Robert Stevenson League A-54
College Station, Texas
11 August, 2008
All that certain tract or parcel of land lying and being situated in the Robert Stevenson
League, Abstract no. 54, in College Station, Brazos County, Texas, being a part of that
tract conveyed to Vema T. Ellington and Betty Sue Ellington Hill by deeds recorded in
Volume 3082, Page 5 and Volume 7464, Page 275 of the Official Records of Brazos
County, Texas, being an easement thirty feet (30') in width lying along and adjoining the
westerly right-of-way line of the Union Pacific Railroad extending from the southeast
line of North Graham Road to the northwest line of that 4.301 acre tract conveyed to
Wellborn Water Supply Corporation by deed recorded in Volume 2700, Page 114 of the
Official Public Records of Brazos County, Texas, and being more particularly described
as follows:
Beginning at the intersection of the west right-of-way line of the Union Pacific Railroad
(200~ width) as recorded in Volume U, Page 387 of the Deed Records of Brazos County,
Texas and the northwest line of the said Wellborn Water Supply Corporation tract at a
point located S 43° 08' 52" W -74.80 feet from a Y:z" iron rod found (1996) at a fence
comer marking the north comer of the said Wellborn Water tract, a %" pipe found (1996)
at a cross-tie fence comer post at the west comer of the said Wellborn Water tract bears S
43 ° 08' 52" W -517.34 feet, and from where the City of College Station 1994 GPS
monument no. 117 bears N 61° 49' 43" W -6053.6 feet.
Thence S 43° 08' 52" W -43.36 feet along the northwest line of the said Wellborn Water
Supply Corporation tract;
Thence N 0° 37' 47" W -1215.40 feet parallel to and 130' from the centerline of said
railroad right-of-way to the beginning of a tangent curve to the left (R=2711.26 feet);
Thence along the arc of said curve through a central angle of 46° 25' 42", the chord of
which bears N 23° 50' 38" W -2137.39', to the end of said curve;
Ellington 30' esmt. Page 1 of2
99
Thence N 470 03' 29" W -1928.21 feet continuing parallel and 130 feet from the
centerline of said railroad right-of-way to the southeast line of North Graham Road from
where a tree at the fenced west corner ofthe said Ellington and Hill tract bears S 41 0 08'
39" W -2049.5 feet;
Thence N 41 0 08' 39" E -30.01 feet along the southeast line of North Graham Road to
the southwest right-of-way line of said railroad;
Thence along the southwest right-of-way line of said railroad as follows;
S 47 0 03' 29" E -1929.15 feet to the beginning of a tangent curve to the right
(R=2741.26'); ,
Along the arc of said curve through a central angle of 46° 25' 42", the chord of
which bears S 23° 50' 38" E -2161.04', to the end of said curve;
S 0° 37' 47" E -1184.09 feet to the Point of Beginning and containing 3.676
acres of land more or less.
Bearings are Texas State Plane, NAD83(1986) datum, based on 1994 City of College
Station GPS monument nos. 117 and 134 (S 28° 54' 08" E).
See separate survey plat dated August 2008.
Ellington 30' esmt. Page 2 of2
100
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101
4
Wellborn Widening Project
Water Line Relocation
Water Project
102
103
November 24, 2008
Consent Agenda Item No. 2q
Renovation and Expansion to the Utility Service Center
Alternate Bid Method
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
designating the Construction Manager at Risk as an alternative procurement method for the
proposed renovation and expansion to the Utility Service Center.
Recommendation: Staff recommends approval of this resolution.
Summary: This item provides for the use of Construction Manager at Risk as an
alternative procurement method for the proposed renovation and expansion to the Utility
Service Center. In entering into a contract for the construction of a facility a governmental
entity may use Construction Manager at Risk for construction services if the method
provides the best value for the governmental entity.
There are several reasons that the Construction Manager at Risk method will prove to be
the best value for this project:
1. This process allows the general construction contractor to provide consultation during
and after the design of the building.
2. Due to the volatility of construction cost for supplies and labor, this method will
provide the City with combined design/construction cost estimates early in the
process.
3. This process will allow the City to consider other evaluation factors in awarding this
contract, other than the lowest, responsible bid. Factors that we may consider
include; proposed construction contract amount and contract time, contractor
experience and qualifications, contractor current work schedule and record,
contractor key personnel, contractor references and reputation, contractor safety
record, contractor financial resources. We will also be able to negotiate terms,
conditions, and pricing utilizing the Construction Manager at Risk method of
procurement. Negotiation of terms, conditions, and pricing is not available under the
traditional competitive bidding process.
4. This process is expected to expedite the construction time frame.
Budget & Financial Summary: Funds in the amount of $200,000 are included in the FY09
Electric Capital Improvement Project Fund for the design of the renovations to the Utility
Service Center. It was projected that an additional $2,000,000 would be requested during
the FY10 budget for the construction of the renovations. However, if the Construction
Manager at Risk contract is brought to Council in FY09, the construction budget will be
included on a FY09 budget amendment to ensure that the budget is appropriated at the
time the contract is brought forth to Council.
Attachment:
Resolution
104
105
November 24, 2008
Consent Agenda Item No. 2r
Real Estate Contract (Right-of-Way Acquisition)
William D Fitch Widening Phase II Project
Pebble Creek Development Company (Landowner)
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
Real Estate Contract that will authorize and direct City staff to complete the purchase of
right-of-way needed for the William D. Fitch Widening Phase II Project.
Recommendation(s): Staff recommends approval of the Real Estate Contract.
Summary: The William D. Fitch Widening Phase II Project includes widening the roadway
from Pebble Creek Parkway through Rock Prairie Road. The existing two lane roadway and
open-ditch drainage system will be upgraded to a four lane divided roadway with a raised
median. This project will also include the relocation of utilities. The new roadway is needed
to increase capacity of traffic in the area.
Authorization of the attached real estate contract will enable staff to proceed with purchase
of the 50’ wide (1.618 acre) right-of-way parcel from Pebble Creek Development Company.
The property is located on the southeast side of William D. Fitch Parkway at Rock Prairie
Road.
This property and the adjoining right-of-way tract owned by Pebble Creek Country Club are
the only two needed for the project.
Budget & Financial Summary: The purchase price for this property is seventy thousand
eight hundred forty six dollars ($70,846.00). An additional three thousand dollars $3,000
is expected to be used for closing costs (title insurance, escrow fees, etc). Funds in the
amount of $4,530,000 are currently budgeted in the Streets Capital Improvement Project
Fund for this project. $351,692.53 has been expended or committed to date, leaving a
balance of $4,178,307.47 for this land purchase and construction.
Attachments: Real Estate Contract – Located in City Secretary’s Office
Project Maps (2)
106
4
William D. Fitch Parkway
Widening Project
Street Project
107
108
November 24, 2008
Consent Agenda Item No. 2s
William D. Fitch Pkwy Widening Phase II
Construction Contract
To: Glenn Brown, City Manager
From: Chuck Gilman, Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
approving a construction contract with Brazos Valley Services for the amount of
$3,749,256.38 for the construction of the WD Fitch Pkwy Widening Phase II Project.
Recommendation(s): Staff recommends Council approval of the resolution and award
of the construction contract to Brazos Valley Services.
Summary: William D. Fitch Pkwy Widening Phase II (ST-0520) will widen W.D. Fitch
Pkwy for approximately 4400 linear feet from Pebble Creek Pkwy to Rock Prairie Road from
two lanes to four with a raised median. The project includes a bridge, sidewalks,
landscaping, bike lanes, and a sanitary sewer and water line crossing at Rock Prairie Rd.
Budget & Financial Summary: Three (3) competitive bids were produced in response to
Bid No. 09-06. Brazos Valley Services was the low bid at $3,749,256.38. Funds have been
budgeted in the amount of $4,530,000 from the Streets Capital Improvement Projects
Fund. An additional $25,000 is budgeted in the Water Capital Improvement Projects Fund,
and $38,000 is budgeted in the Wastewater Capital Improvement Projects Fund as part of
the WD Fitch East (Area 6) project. It is anticipated that approximately $10,000 in
additional budget will be needed for the Water portion of the project. This budget will be
transferred from Water Capital contingency. Funds in the amount of $351,692.53 have been
expended or committed to date in the Streets Capital Improvement Projects Fund, leaving a
balance of $4,178,307.47. No funds have been expended or committed to date on the
Water or Wastewater portions of this project.
Attachments: Resolution
Project Location Map
109
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE WILLIAM D.
FITCH PKWY WIDENING PHASE I1 PROJECT AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
William D. Fitch Pkwy Widening Phase I1 Project; and
WHEREAS, the selection of Brazos Valley Services is being recommended as the lowest
responsible bidder for the construction services related to the William D. Fitch Pkwy Widening
Phase I1 Project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1 : That the City Council hereby finds that Brazos Valley Services is the
lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with Brazos Valley
Services for $3,749,256.38 for the labor, materials and equipment required
for the improvements related the William D. Fitch Pkwy Widening Phase
I1 Project.
PART 3: That the funding for this Contract shall be as budgeted from the Capital
Projects Fund, Street Division, in the amount of $3,689,980.38; Utility
Revenue Bond, Water Division in the amount of $28,408.00; and Utility
Revenue Bond, Wastewater Division in the amount of $30,868.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary
APPROVED:
MAYOR
City Attorney
110
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11
1
November 24, 2008
Consent Agenda Item No. 2t
Change Order to the CSU Meeting & Training
Facility Construction Contract
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding Change Order
No. 4 to the construction contract (Contract No. 08-044) with JaCody, Inc. in the amount of
$156,468 for the CSU Meeting & Training Facility.
Recommendation(s): Staff recommends approval of Change Order #4 to the JaCody,
Inc. contract in the amount of $156,468.
Summary: This change order is for modifications to the HVAC system in the CSU Meeting
and Training Facility. A design error in the mechanical system has resulted in a redesign
that will require new air handler and condenser units, modifications to the duct work,
additional electronic controls, heaters, and structural platforms to support air handler units.
Costs incurred due to error in the design will be borne by the design consultant.
Budget & Financial Summary: Funds in the amount of $2,500,000 are currently
budgeted for this project in the Electric Utility Capital Improvement Projects Fund. Funds in
the amount of $2,192,722.97 have been expended or committed to date, leaving a balance
of $307,277.03. It is anticipated that a portion of the cost for this change order will be
reimbursed by the design consultant.
Attachments: Change Order #4
Project Location Map
112
2HANGE ORDER NO. 4 Contract No. 08544 DATE: November 1 I. 2008
P.O.# 080352 PROJECT: CSU Meeting and Train~ng Facility, WFO847168
.OWNER: CONTR4CTOR:
:ily of College Station JaCody, Inc.
'.O. Box 9960 10770 HWY 30, Suite 400 Ph: (979) 774-5613
:allege Station, Texas 77842 College Station, Texas 77845 Fax: (979) 774-5693
PURPOSE OF THlS CHANGE ORDER:
-8. Modifications to the HVAC system, including: additional air handler and condenser units ( AHU-2, AHU-3, AHU-5, AHU-6, AHU-7, CU-2, CU3, CU-5, CU-6,
:U-7) and modifications to the existing units (AHU-1, AHU-4. CU-1, CU-4); changes to the exhaust and supply fan system and return grills; additional heaters.
:ontrols, wiring, and insulation; extensions to duct work; and labor charges.
I. &te:ials and labor for additional eledrica! requiremen!~ for the new units.
0. Plumbing to suppart modifications to the condensate drains, including pumps.
1. Construction of a structural platform to support the Air Handling Units in the Assembly Room and Auditorium closets.
2. General Contractor ovethead and costs for the time to perform the changed work.
IEM UNlT ORIOiNAL REVISED ADDED
NO WWT OESCRPTION PRGf QUANTITY QUANTITY COST
I t I I I $0.00
I TOTAL 1 $156,468.00
THE NET AFFECT OF THlS CHANGE ORDER IS 9.72% INCREASE.
-
)RIGINAL CONTRACT AMOUNT
:hange Order No. 1
:hange Order No. 2
:hatlye Order No. 3
:hange Order No. 4
!EVISED CONTRACT AMOUNT
)RIGINAL CONTRACT TIME
'ime Extension No. 1
!evised Contract Time
$20;150.00 1.07%
$1 56.468.00 8.31% CHANGE
$2,067,132.50 9.72% TOTAL CHANGE
300 Days
120 Days
420 Days
DIRECTOR OF FISCAL SERVICES Date
MYOR Date
Date CITY SECRETARY Date
/f-/C/aq
DEPARTMENT DIRECTOR Date CITY MANAGER Date
113
114
November 24, 2008
Consent Agenda Item No. 2u
Barron Road Capacity Improvements Phase 1 Contract
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on the resolution
approving the construction contract (Contract #09-032) with Brazos Valley Services in the
amount of $1,847,972.66 for the Barron Road Capacity Improvements Phase 1 Project.
Recommendation(s): Staff recommends award of the contract to the lowest,
responsible bidder meeting specifications, Brazos Valley Services.
Summary: This contract is for the capacity improvements of Barron Road from Decatur to
State Highway 6. Improvements include the construction of a four-lane road with a raised
center median, bike lanes, sidewalks, and street lighting. Sealed competitive bids were
received from five (5) contracting firms and the summary of the results is as follows:
Brazos Valley Services $1,847,972.66
Brazos Paving, Inc. $1,880,388.73
Knife River $1,889,164.00
Glenn Fuqua, Inc. $2,166,919.10
Dudley Construction, Ltd. $2,447,313.60
Budget & Financial Summary: Funds in the amount of $3,000,000 are budgeted in the
Streets Capital Improvement Projects Fund for the Barron Road Design and Capacity
Improvements. These funds are part of the 2003 General Obligation Bond funds. Funds in
the amount of $695,695.62 have been expended or committed to date, leaving a balance of
$2,304,304.38. In addition, funds in the amount of $100,000 are budgeted in the Water
Capital Improvement Projects Fund and funds in the amount of $100,000 are budgeted in
the Wastewater Capital Improvement Projects Fund for the water and wastewater
components of this project. No water or wastewater funds have been expended or
committed to date. These portions of the project are anticipated to come in significantly
under budget.
Attachments:
1. Resolution
2. Bid Tab
3. Location Map
115
116
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119
November 24, 2008
Consent Agenda Item No. 2u
A Resolution approving a Professional Services Contract for
Carters Creek Wastewater Treatment Plant Miscellaneous
Improvements and a Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Lockwood, Andrews, Newnam, Inc., in the amount of $188,700, for the design
of the Carters Creek Wastewater Treatment Plant Miscellaneous Improvements, and
approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt.
Recommendation(s): Staff recommends approval of the professional services
contract and recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Summary: The scope of the Carters Creek Wastewater Treatment Plant Miscellaneous
Improvements is for design and construction of improvements to the gravity thickener,
clarifiers, autothermal thermophilic aerobic digestion system, service water (non-potable)
system, and process controls. With the projected design budget of $188,700, Lockwood,
Andrews, Newnam, Inc. was contacted to submit a proposal for designing the project based
upon their prior experience of designing other wastewater treatment plants within the City.
Budget & Financial Summary: For ease of project administration and economies of
scale, several projects have been combined to be included in this Carters Creek (CC)
Wastewater Treatment Plant Miscellaneous Improvements project. These projects include
CC Clarifier Improvements, CC Service Water Improvements, CC Process Control
Improvements and CC ATAD Improvements. The total current project budget for these
improvements is $1,183,000. No funds have been expended or committed to date. The P.O.
for the project design is $188,700. This item replaces the standard terms, conditions and
specifications that were attached to the P.O. with those in the Professional Services Contract
and requires no additional funds. The “Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt” is necessary for this item because a portion of the
long term debt has not been issued for the project. This debt is scheduled to be issued later
this fiscal year.
Attachments:
1.) Resolution
2.) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
120
121
122
123
124
November 24, 2008
Consent Agenda Item No. 2w
Memorandum of Agreement with Lynntech, Inc.
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion on a Memorandum of
Agreement between the City of College Station, Research Valley Partnership and Lynntech,
Inc.
Recommendation(s): Staff recommends approval.
Summary: This Memorandum of Agreement (MOA) provides a general framework under
which the City will facilitate reinvestment and new development in and around the former
Westinghouse facility, located at 2501 Earl Rudder South. The agreement outlines those
items for which each party shall be responsible and also identifies specific performance for
the private sector entity.
Per the MOA, Lynntech will make no less than $3,000,000 in capital improvements to the
facility. Lynntech will also maintain 120 jobs in College Station and create an additional 30
jobs with a gross new payroll of $2,250,000 over the next three years. The Research Valley
Partnership will make a 4% loan of $500,000 to Lynntech for a 3-year term. The City of
College Station will waive development fees related for the occupation of the facility,
provide an expedited level of service for project review and permitting, assist with the
development of a Master Plan and marketing strategy for the property, as well as explore
any number of appropriate financial assistance tools once the specifics behind the
reinvestment plan are better refined and established.
Budget & Financial Summary: As referenced above, Lynntech, under the agreement, will
make no less than $3,000,000 in capital improvements, maintain 120 jobs in College
Station, and create an additional 30 jobs with a gross new payroll of $2,250,000 over the
next three years. The exact costs to the City are unknown as of yet; however, as they are
determined staff will return to the Council for their specific approval. This project will bring
a marginalized property back into productive use in the community.
Attachments:
Memorandum of Agreement
125
MEMORANDUM OF AGREEMENT
BETWEEN
THE RESEARCH VALLEY PARTNERSHIP, INC., THE CITY OF COLLEGE
STATION, TEXAS
AND
LYNNTECH, INC.
In order to facilitate Lynntech, Inc.'s location of research, development,
commercialization, and production activities to the former Westinghouse facility located at 250 I
Earl Rudder South in College Station, Texas (the Facility) and the future development of
Lynntech Science Park on the undeveloped property at said address (the Property), The Research
Valley Partnership, Inc. (RVP), City of College Station, Texas (City), and Lynntech
Inc.(Lynntech) agree as follows:
Article 1
Lynntech shall occupy and be in operation at the Facility by September I, 2009; shall
make a minimum new investment at the Facility of $3,000,000 by no later than September I,
2009; shall retain its employment headcount of 120 jobs; shall create 30 new jobs (10 jobs per
year) with a gross new payroll of $2,250,000 ($750,000 per year) over a period of three years
beginning September I, 2009; and shall work in partnership with the City on the future
development of the Lynntech Science Park at the Property.
Article 2
The RVP shall loan Lynntech five-hundred thousand dollars ($500,000) at four (4)
percent interest with an amortization of ten (10) years and a three (3) year term. This loan will
be used by Lynntech for real and personal property improvements associated with its occupancy
and operations at the Facility.
Article 3
The City shall provide an enhanced level of service to expedite the redevelopment and
new investment processes for Lynntech at the Facility and will pro-actively support the same in
any future development of the Property; shall waive development fees payable to the City
associated with the immediate reuse of the Facility by Lynntech and aggressively manage any
fees associated with the future development of the Property by Lynntech for a term to be
mutually agreed upon at a subsequent date; shall assist with the development and implementation
of a Master Plan and general marketing strategy for the Property; and, once a final Master Plan
and development schedule is established, shall cooperatively explore the creation of a Tax
O:\Department Files\Economic Development\Lynntech\Lynntech MOA 5.docx 11/6/2008 1: 18:30 PM
126
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-------------
------
Increment Reinvestment Zone (TIRZ) and/or other appropriate financial tools to better promote
and support the long-term development of the Property by Lynntech.
The parties to this Memorandum of Understanding agree to the negotiation and consideration of
future agreements and instruments to give further effect and specificity to the foregoing.
IN WITNESS WHEREOF, the undersigned being duly authorized by the respective parties, have
signed this Memorandum of Agreement.
THE RESEARCH VALLEY PARTNERSHIP,
INC.
By: _
Kenny Mallard
Chairman, RVP Board of Directors
Date:
RECOMMEND APPROVAL:
Todd E. McDaniel
President/CEO, RVP
Date:
CITY OF COLLEGE STATION
By: _
Mayor
Date: _
ATTEST:
City Secretary
Date:
2
127
------
--------------
APPROVED:
City Manager
Date: -----x---~I
Chief Financial Officer
Date:
L YNNTECH, INC.
John Clanton
President/CEO
Date:
3
128
November 24, 2008
Regular Agenda Item No. 1
Drainage Utility Rate Resolution
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, public hearing, possible action and discussion regarding a
resolution increasing the drainage utility rate.
Recommendation(s): Staff recommends approval of the resolution increasing the
drainage utility rate from $3.50 to $5.00 per month for a single family residence, from
$1.57 to $2.25 per month for a multi-family residence and $1.65 to $2.35 per 1000 sf for
month for commercial properties.
Summary: The drainage utility rate increase was discussed in our recent budget
workshops. Projected revenues are included in the approved budget. The drainage utility
was adopted by the City in 1996. The rates have not changed since that time. An
increased rate is needed to provide revenues for increased maintenance costs and for the
construction of drainage improvements as well as for activities required for our compliance
with the stormwater pollution prevention plan (SWP3) mandated by the Clean Water Act.
A public hearing is required for adjusting the drainage utility rate. Public notification was
made in compliance with State law by publishing notice of this public hearing on the
following dates;
· MONDAY, OCTOBER 20th, 2008
· MONDAY, OCTOBER 27th, 2008
· MONDAY, NOVEMBER 3rd, 2008
Budget & Financial Summary:
The proposed rate increase will generate approximately $500,000 in additional revenue in
the current fiscal year.
Attachments:
Rate Resolution
129
130
November 24, 2008
Regular Agenda Item No. 2
Comprehensive Plan Amendment for 300 Holleman Drive
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion on a
Comprehensive Land Use Plan amendment from Industrial R&D to Residential Attached for
1.32 acres located at 300 Holleman Drive, located next to the Verizon building near Lassie
Lane.
Recommendation(s): The Planning & Zoning Commission considered this item at their
November 20th meeting where a motion was made and seconded to approve the request,
that motion failed 4-2. Staff recommended denial of the request.
Summary:
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: The subject
property is on the periphery of the Wolf Pen Creek (WPC) corridor. Development in WPC
has become more residential in nature than the corridor plan anticipated, but in July of this
year, after concerns were discussed about public investments in the area being made
largely to the benefit of private residential developments, the City Council directed staff to
pursue mixed use development that would increase commercial presence in the district.
The planned land uses for the property on this block face of Holleman have changed over
the years as a result of public input, development, City Council decisions, and planning
study that have resulted in some eventual discrepancies between planned and developed
land uses. To touch upon some of the more major historical land use elements of the block
face: The property was originally shown as Low Density Residential. Property on the
western portion of the block was rezoned to C-1 General Commercial in 1984, against the
Comprehensive Plan (the telephone building had been at the corner of Lassie and Holleman
since the 1970s). Holleman from Texas Ave. to State Highway 6 was included in the Wolf
Pen Creek Corridor Study (begun in 1987), which eventually led to the adoption of the Wolf
Pen Creek Master Plan in 1988. The WPC Master Plan encompassed the corner of Holleman
and Dartmouth, but it did not include the western portion of the block face. In 1994,
property mid-block was rezoned from C-1 to R-5 Apartment Medium Density. Fire Station
#1 developed under a Conditional Use Permit (granted in 1995) in the R-5 district. In 1997,
a new Comprehensive Plan was adopted that reflected the Wolf Pen Creek Overlay at the
Holleman/Dartmouth corner, Residential Attached for the R-5 and C-1 properties to the
boundary of the Verizon property, and Industrial R&D for the Verizon property. In the same
year, a proposed hotel/conference center spurred a rezoning of all of the R-5 to expand the
Wolf Pen Creek district further west on this Holleman block face from Dartmouth. The Land
Use Plan was updated to reflect the expanded WPC Overlay. The land use designations
from 1997 are the land use designations still in effect today (moving eastward)—Industrial
R&D, Residential Attached, and WPC. The properties are still zoned the same as in 1997—
C-1 from Lassie east down the block until turning into WPC.
2. Compatibility with the remainder of the Comprehensive Plan: Residential
Attached is compatible with the abutting Residential Attached on paper, but it most likely
may only be compatible in the distant future since the property to the east has recently
131
developed as an office use in compliance with its C-1 zoning classification. In the near
future, a Plan change could result in an undesirable development pattern. While a
Comprehensive Plan is supposed to project land use and associated needs for the next 20
years, in reality, the current Comprehensive Plan has an expectancy of less than one year.
The development of land within existing service areas is encouraged by the Comprehensive
Plan. Because of this property’s infill nature, an access easement was required during
platting from the Verizon property for safe access via Lassie. Existing driveways already on
Holleman, a minor arterial, challenge the safety of this tract’s direct access and the safety of
those traveling on Holleman. The Comprehensive Plan encourages access management, but
discourages the mixing of residential and non-residential traffic.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map
2. Ordinance
132
133
134
135
136
November 24, 2008
Regular Agenda Item No. 3
Rezoning for 1775 Greens Prairie Road West
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
an ordinance rezoning from A-O Agricultural Open to C-1 General Commercial Industrial for
2.056 acres located at 1780 Greens Prairie Road West, and more generally located near the
northwest corner of the intersection of Greens Prairie Road and Arrington Road.
Recommendation(s): The Planning and Zoning Commission considered this item at their
November 20th meeting and voted 6-0 to recommend approval of the request. Staff also
recommended approval of the request.
Summary: The request was analyzed based on the following review criteria:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan designates the
subject property as Retail Regional. C-1 General Commercial is the typical district for
this land use designation. Greens Prairie Road West, a minor arterial on the
Thoroughfare Plan, abuts the property along the southwest and William D. Fitch
Parkway, a highway, and the old Green Prairie Road right-of-way abuts the property to
the north.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The adjacent property to the east and
to the west (across old Greens Prairie Road) are already zoned C-1 General Commercial.
Other properties in the vicinity across Greens Prairie Road West are zoned A-O
Agricultural Open and developed as single family homes on large tracts of land.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
subject property is a remainder portion of a tract when Greens Prairie Road was
realigned due to the construction of William D. Fitch Pkwy (State Hwy 40). The rezoning
of the subject property to C-1 General Commercial could allow it to be developed in
conjunction with the neighboring C-1 property to the east. In addition, Forest Ridge
Elementary is located on land zoned as C-1 which was anticipated to serve some of the
commercial demand of the Castlegate subdivision before it was given to the CSISD.
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
subject property is just over 2 acres of A-O Agricultural Open land that is almost
surrounded by major thoroughfares. The long-term use of this property for strictly
agricultural uses is not appropriate.
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:
As stated above, the subject property is surrounded by major thoroughfares. Rezoning
137
the property to C-1 will increase the marketability of the property for development with
other commercial properties in the area.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There is an existing
sanitary sewer main available to serve this property. Property is located in Wellborn
Special Utility District CCN for water service. Drainage is mainly to the north within the
Spring Creek drainage basin. All utilities shall be designed in accordance with BCS
Unified Design Guidelines at the time of platting and site development. Access to the
property will be from the Greens Prairie Road West, a minor arterial which can carry
5,000 to 30,000 vehicles per day. Though this application proceeded the effective date
of the new TIA ordinance, a TIA would not have been required as the threshold of 150
trips in the peak hour is not met. Based on rough estimates, C-1 General Commercial
property of this size could generate about 100 trips in the peak hour, though this can
vary greatly based upon the type of use developed. At the time of site plan, a TIA may
be required based upon the size and use proposed.
Budget & Financial Summary: N/A
Attachments:
1. Aerial and Small Area Map (SAM)
2. Item Background
3. Ordinance
138
139
140
ITEM BACKGROUND
NOTIFICATIONS
Advertised Commission Hearing Date: November 20, 2008
Advertised Council Hearing Dates: November 24, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Castlegate HOA
Gardens at Castlegate HOA
Property owner notices mailed: Five
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North N/A N/A old Greens Prairie Road
right-of-way
South Thoroughfare –
Minor Arterial N/A Greens Prairie Road W
East Retail Regional C-1 General
Commercial
detention pond for
Greens Prairie Center
West Thoroughfare –
Minor Arterial N/A Greens Prairie Road W
DEVELOPMENT HISTORY
Annexation: 2002
Zoning: A-O Agricultural Open (when annexed)
Final Plat: Not platted
Site development: Vacant
141
142
143
144
145
146
November 24, 2008
Regular Agenda Item No. 4
2875 Earl Rudder Freeway Comprehensive Plan Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion regarding
a Comprehensive Plan Amendment - Land Use for 2.70 acres located at 2875 Earl Rudder
Freeway, and more generally located next to the North Forest Professional Park, from
Floodplains & Streams and Single-Family Residential Medium Density to Office.
Recommendation(s): The Planning & Zoning Commission heard this item at their
November 20th meeting where a motion was made and seconded to approve the request to
change a portion of the site to Office while denying any change to the area currently
identified as Floodplain & Streams. The motion filed with a 3-3 vote. Staff recommended
approval of the request to change the land use designation of the 1.69 acre portion
currently designated as Single Family Residential Medium Density to Office. Staff is
recommending denial of the request to change the land use designation of the 1.01 acre
portion currently designated as Floodplains & Streams to Office.
Summary: The request was analyzed based on the following review criteria:
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: The adjacent
property to the north was rezoned from R-1, Single-Family Residential to A-P,
Administrative Professional in 2003. Since that time, the property to the north has
developed under the A-P, Administrative Professional zoning classification. Current land
uses in that area are office buildings and a medical clinic. Additionally, the property
further to the south located along the Frontage Road of Earl Rudder Freeway and
Emerald Parkway has been developed under the Office land use designation. It also
includes various office buildings and medical clinics.
2. Compatibility with the remainder of the Comprehensive Plan: The Office land use
designation is intended to permit medium-scale development of tax-generating
developments such as office parks, corporate offices, and office lease space. These uses
are usually dependent on good access to highways and local arterials. The proposed
Office land use would take access to the Frontage Road along Earl Rudder Freeway.
However, the proposal includes reclassification of a significant portion of floodplain. The
Comprehensive Plan states that the 100-year floodplain as defined by the Federal
Emergency Management Agency (FEMA), plus additional areas reserved for open space
be designated as Floodplains & Streams. As shown on the applicant’s proposed land use
map, 1.01 acres of the proposed 2.70 acres to be amended is classified as Floodplains &
Streams.
Budget & Financial Summary: None
Attachments:
1. Small Area Map & Aerial
147
2. Proposed Land Use Plan Amendment
3. Ordinance
148
149
150
Item Background
NOTIFICATIONS
Advertised Commission Hearing Date: November 20, 2008
Advertised Council Hearing Dates: November 24, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Single-Family
Residential Medium
Density
A-P, Administrative
Professional
Offices, North Forest
Professional Park,
Medical Clinic
South Floodplain & Streams R-1, Single-Family
Residential Floodplain
East
Single Family
Residential Medium
Density
R-1, Single-Family
Residential
Single-Family
residences, North
Forest Subdivision
West Thoroughfare -
Freeway N/A Earl Rudder Freeway
DEVELOPMENT HISTORY
Annexation: 1971 and 1977
Zoning: R-1, Single-Family Residential (for western area annexed in 1971),
A-O, Agricultural Open (for eastern area annexed in 1977).
Final Plat: Unplatted
Site development: Largely vacant with a fill pile from the adjacent property located in the
middle of the site.
151
152
153
154
November 24, 2008
Regular Agenda Item No. 5
Rezoning for 1430 Harvey Mitchell Parkway
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
an ordinance rezoning from R-1 Single Family Residential and A-O Agricultural-Open to PDD
Planned Development District for 120.77 acres located at 1430 Harvey Mitchell Parkway
South generally located opposite the intersection with Holleman Drive.
Recommendation(s): The Planning and Zoning Commission at their November 6th
meeting voted 6-1 to recommend approval as presented by Staff. Staff recommended
approval of the request with three conditions. With the permission of the applicant, these
three conditions have been incorporated into the request and ordinance under
consideration.
Summary: The request was analyzed based on the following review criteria:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: A Comprehensive Plan Amendment was
approved by Council on August 28th for the subject property. The amendment changed
the land use from Industrial / R&D and Single Family Residential Low Density to Planned
Development, while retaining Floodplain & Streams designation. The following purpose
statement was included in the ordinance:
The purpose of this Planned Development designation is for a multi-family
development that may consist of single detached units, duplexes, and attached units
associated with small-scale neighborhood commercial uses placed along the
realigned Jones Butler Road and in relative proximity to Harvey Mitchell Parkway that
support the development and surrounding neighborhoods. Residential uses are to be
scaled, oriented, and buffered so as not to be intrusive to the surrounding single
family developments. Natural areas are to be preserved and large open space green
areas are to be provided for the efficient use of land and to serve as an amenity to
the development, provide recreational opportunities, and preserve existing
vegetation, floodplain, and drainage features.
The proposed PDD rezoning consists of residential and commercial uses. The residential
uses are based on the R-4 Multi-family zoning district and are types of uses (single
detached, duplex, and attached units) consistent with the purpose statement stated
above. The commercial uses are based on the C-3 Light Commercial district with
modifications for some additional C-1 General Commercial uses in areas F1 and F2. The
purpose statement above indicates that the commercial uses are to be small-scale and
are to serve and support the development and surrounding neighborhoods. The C-3
Light Commercial zoning district is considered the district in the Unified Development
Ordinance (UDO) for neighborhood commercial uses and is limited to five contiguous
acres. All areas are relatively small, and although F1 is larger in scale, it is bisected by
a street. The proposed commercial should only serve surrounding neighborhood needs
155
and not be at a regional scale or draw a large amount of patrons from the entire City.
While it appears that commercial uses in this area of the City are currently underserved,
the proposed amount and intensity of commercial is not to supplant the sixty-plus acres
of Regional Retail designated on the Land Use Map just over a half mile away at the
northeast and southeast corners of the intersection of Harvey Mitchell Parkway and
Wellborn Road, or also the larger amount which is already zoned C-1 General
Commercial beyond that (see Figure 1). Limitation to the amount and intensity of
commercial uses to meet these concerns will be described in the Concept Plan discussion
later in this report.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The present zoning for the subject
property is R-1 Single Family Residential and A-O Agricultural Open. The property to the
east is owned by the City of College Station and will be utilized for a future electric
substation and expansion of the existing water facilities. The property to the north and
west is zoned and developed as residential multi-family. The remaining property to the
south and southwest is outside the City limits and is therefore not zoned but is
developed as rural residential subdivisions. The proposed PDD zoning district and uses
can be compatible with the adjacent area in as much as the Concept Plan accounts for a
proper intensity, transition, and buffering. Discussion of these items will be detailed
later.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The subject
property is located off Harvey Mitchell Parkway, a Highway, and adjacent to existing
residential multi-family development. The property is in relative proximity to Texas A&M
University but is also adjacent to larger lot (one-plus acre) subdivisions and close to the
Easterwood Airport. These surroundings allow the type of development to be suitable in
general though it needs to be tempered and transitioned so as not to negatively affect
the surrounding large lot single family neighborhoods.
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
existing R-1 Single Family Residential and A-O Agricultural Open districts were the base
zoning districts applied to the property when each portion was respectively annexed.
They are not appropriate as long-term zoning districts for this area as it is along Harvey
Mitchell Parkway, a Highway, and at the intersection with Holleman Drive, a Major
Collector.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The property owner has brought forward the request to develop and further market the
property. The applicant has performed a market study for the commercial portion of the
development and has provided the study to the City. The study is based on existing
market conditions and states that this property could fill a demand of 77,000 square feet
of retail and restaurants. The market study, however, does not consider the placement
of this demand in relation to other properties already planned or zoned for commercial in
this area of the City.
156
Figure 1: Existing Comprehensive Plan and Proposed Zoning in Area
157
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: The subject property is
located adjacent to a 36-inch water main along the north and east property lines and a
10-inch water main along the west property line. The subject property is also located
adjacent to 6-inch sanitary sewer main located along the east property line, and an 18-
inch water main along the southwest property line. These utilities are in compliance
with the City’s Master Utility Plan. The subject property is located in the Whites Creek
Drainage Basin and development of the subject property is required to meet the
minimum standards of the City’s Storm Water Design Guidelines. The subject property
is encroached by a Special Flood Hazard Area - Zone A, in which no base flood
elevations have been determined, per FEMA FIRM Panel 182C. The subject property is
located adjacent to North Dowling Road (Major Collector), Harvey Mitchell Parkway
(freeway), and Jones Butler Road/Holleman Drive extension (major collector). The
Dowling/Holleman re-alignment, as approved by Council in February of this year, is
illustrated on the City’s Thoroughfare Plan as a major collector.
REVIEW OF CONCEPT PLAN
If the rezoning is approved, the proposed Concept Plan will be part of the rezoning
ordinance for the property. The Concept Plan illustrates and notes many specific items
of consideration in the development of the subject property. In proposing a PDD, an
applicant may also request variations to the general platting and site development
standards provided that those variations are outweighed by demonstrated community
benefits of the proposed development. The complete list of requested variances can be
found on the attached Bulk and Dimensions Variance Request letter. The Unified
Development Ordinance provides the following review criteria as the basis for reviewing
PDD and P-MUD Concept Plans:
1. The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area;
2. The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be consistent
with the intent and purpose of this Section;
3. The proposal is compatible with existing or permitted uses on abutting sites and will
not adversely affect adjacent development;
4. Every dwelling unit need not front on a public street but shall have access to a public
street directly or via a court, walkway, public area, or area owned by a homeowners
association;
5. The development includes provision of adequate public improvements, including, but
not limited to, parks, schools, and other public facilities;
6. The development will not be detrimental to the public health, safety, welfare, or
materially injurious to properties or improvements in the vicinity; and
7. The development will not adversely affect the safety and convenience of vehicular,
bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected
to be generated by the proposed use and other uses reasonably anticipated in the
area considering existing zoning and land uses in the area.
The Concept Plan proposes three residential areas designated as A1, A2, and A3 that are
based on the uses permitted in the R-4 Multi-family zoning district. The applicant is
158
requesting a variance to the R-4 Multi-family district uses to allow single detached and
duplex units (not individually platted) on R-4 district lots. This variance will help provide
a mixture of housing types for the development. The residential areas will have a
maximum density of 20 units per acres, which is consistent with the R-4 district, and are
proposed to be gated residential developments. Each residential area is proposed to be
oriented around a large open space/green area and have bike/hike trails to utilize the
large open spaces provided and interconnect the residential areas to each other and the
commercial areas along and across Holleman Drive. Sidewalks are proposed along the
internal drive aisle and parking areas of area A2. The applicant proposes to site plan the
residential areas separately and Staff understands that areas A1 and A3 will be sold off
to be developed by others.
A thirty-five-to-fifty-foot wide buffer area is proposed along the existing North Dowling
Road and along the Cedar Ridge (The Woodlands) development to the west to buffer the
proposed multi-family areas from the adjacent single-family residential neighborhoods.
This buffer area is proposed to consist of a separating berm averaging 4 feet in height
with a fence located on the development side of the berm and existing vegetation
retained that is “of size and type to obtain landscape points”; however, consistent with
the City’s buffer ordinance, landscape points will not be accrued where buffers would be
required. The berm is not proposed as continuous but will “vertically meander and roll
along the buffer to create interest as opposed to creating a wall” effect. The berm along
North Dowling Road buffer will be along 70 percent of its length.
The maximum height of buildings in all areas of the development will be limited to three
stories with a range of heights of ten to seventy feet to allow architecture elements and
features to exceed the three-story limit. This height is similar to those of the adjacent
Place Properties development to the west and the maximum three-story height along
with the described buffer area will help limit the visual impact to the single family
developments and the encroachment of higher structures in proximity to Easterwood
Airport.
Most of the Floodplain & Streams shown on the Comprehensive Plan on the property has
been retained as natural drainage areas to serve as open space, areas for hike/bike
paths, and locations for the required water detention facilities. Some areas have been
specifically identified as maintaining existing vegetation. Additional open space / water
detention area beyond the Floodplain & Streams boundaries has been provided in the
area west of A1, though a large part of the drainage in F1, however, is proposed to be
placed in a box culvert and reclaimed for commercial use. Though the use of much of
the existing natural drainage areas for water detention appears to be a benefit, it is
unknown what the indirect consequence of altering existing drainage flows will have on
existing vegetation and erosion of current topography.
Six commercial areas are proposed and are designated as B1, B2, B3, B4, F1, and F2.
All but area F1 is on the same side of Holleman Drive as the proposed residential. The
applicant proposes to allow each area to site plan separately. Parking for all areas but
F2 will be provided on the interior of the commercial areas and between buildings but
not in front of commercial buildings along the roadways. In addition, a variance to
reduce the required parking at the commercial locations is sought to create a more
pedestrian friendly environment. Staff supports this variance through administrative
procedures allowed in the UDO, since alternate modes of travel are provided, sufficient
vehicular connectivity can be provided, and the intensity of commercial development is
being limited as described below.
159
When combining all commercial areas, Staff estimates that over fifteen acres are
proposed, with the majority of that in area F1. As discussed previously in the report,
the amount of commercial is a concern as the bulk and intensity of the proposed uses
will serve a larger than neighborhood scale and will result in additional traffic generated
from points further away. Again, the corners of the intersection of Harvey Mitchell
Parkway and Wellborn Road are designated as the regional scale commercial in the area
and will have the transportation capacity to serve it. Given the amount of commercial
land area proposed on the property, Staff is concerned that too many retail activities on
this property could undermine already established commercial areas in other parts of the
City or minimize the viability of already designated Retail Regional in the area. To
address these issues, the proposed limit to the square feet of retail uses in area F1 is to
75,000 square feet.
The applicant has proposed C-3 Light Commercial uses only for areas B1, B2, B3, and
B4. Areas F1 and F2 are also based on C-3 Light Commercial uses, though a number of
C-1 General Commercial uses such as drive-thru windows, hotels, theatres and car
washes have been added. A complete list is available on the attached variance letter.
Staff agrees with the proposed land uses since the development is intended to be neo-
traditional in design and automobile dominant uses should be limited when adjacent to
the residential areas.
Public roads are proposed through F1, between A2 and A3, and a loop street around the
B2 and B3 areas off Holleman Drive. The loop street will accommodate potential bus
service from Texas A&M University to the residential areas and parallel parking is
proposed along the loop street. A private drive connection is proposed to the Place
Property development which is northwest of the subject property. This connection
provides a community benefit by allowing additional access to Harvey Mitchell Parkway
at the Holleman Drive signalized location and better access to the neighborhood
commercial proposed by this development.
The applicant has requested block length variances along Holleman Drive and North
Dowling Road. Block length is a requirement of the Subdivision Regulations in part so
that a network of streets is available to the public and emergency responders so multiple
routes of travel are possible. This helps alleviate the concentration of traffic to only a
few roadways and intersections that result in unnecessary congestion and decreased
safety. In commercial and multi-family developments, the maximum block length
permitted is eight-hundred feet. The block length along Holleman Drive and F1 is
constrained by the drainage and driveway alignments in the area. The applicant has
expressed concerns that streets connections on the southwest side of Holleman Drive
that continue through to North Dowling Road will result in cut-thru traffic and hinder
their gated developments. Staff believes the proposed street provides necessary
connectivity around their gated communities and could be refined in a fashion that limits
it from being a simple, direct connection that may result in short-cuts. Though as
proposed compliance block length requirements is not met, there are floodplain,
drainage and other constraints on this property that Staff supports the request for the
block length variances with the streets that are proposed.
Through the Subdivision Regulations, connection into existing street stubs is required in
the platting process. The applicant is requesting a variance so that the connection to
Cedar Ridge Drive on the west of the property will not be required. Since the direct
connection of multi-family development to a small development of large lot single family
homes is undesirable and substantial elevation changes exist in the connection area,
Staff supports this particular variance request.
160
Budget & Financial Summary: N/A
Attachments:
1. Aerial and Small Area Map (SAM)
2. Draft Planning & Zoning Commission Meeting minutes, November 6, 2008
3. Ordinance
161
162
163
November 6, 2008 P&Z Regular Meeting Minutes Page 1 of 3
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, November 6, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Bill Davis, Noel Bauman, Paul
Greer, Doug Slack, Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Kramer, Staff
Planners Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Erika
Bridges, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter,
Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance
Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center
Representative Kerry Mullins and Staff Assistant Brittany Caldwell
1. Call Meeting to Order.
Chairman Nichols called the meeting to order at 7:10 p.m.
11. Public hearing, presentation, possible action, and discussion regarding a rezoning from R-
1 Single Family Residential and A-O Agricultural-Open to PDD Planned Development
District for 120.77 acres located at 1430 Harvey Mitchell Parkway South generally
located opposite the intersection with Holleman Drive. Case #08-00500155 (JS)
Jason Schubert, Staff Planner, presented the rezoning and recommended approval with
three conditions: the width of the buffer areas be a minimum of 35 feet; the maximum
square feet of retail for area F1 (as described in the applicant’s letter) be limited to 75,000
square feet; and the connection road to Place Properties is constructed as a private drive
instead of a public street and its alignment not be restricted to the proposed location but
will be located at any point between the two properties such that the connection is made.
There was general discussion regarding the rezoning.
Chairman Nichols opened the public hearing.
164
November 6, 2008 P&Z Regular Meeting Minutes Page 2 of 3
Veronica Morgan, 511 University Drive, gave a DVD presentation. She stated that it was
a pedestrian type of community where trails go out to where the general public will have
access to them.
Chairman Nichols closed the public hearing.
Commissioner Stearns expressed concern about the traffic generated by the development
and connectivity.
Commissioner Slack stated that the development was a good design and he liked that it
was being developed as one property.
Commissioner Davis motioned to recommend approval of the rezoning with the
three conditions listed by staff. Commissioner Bauman seconded the motion,
motion passed (6-1). Commissioner Stearns was in opposition.
14. Adjourn.
Commissioner Davis motioned to adjourn the meeting. Commissioner Bauman
seconded the motion, motioned passed (7-0).
Meeting adjourned at 11:00 p.m.
165
November 6, 2008 P&Z Regular Meeting Minutes Page 3 of 3
Approved:
____________________________________
John Nichols, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Brittany Caldwell, Staff Assistant
Planning and Development Services
166
ORDINANCE NO.
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, BY CHANGING THE ZONING DISTRICT
BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the City of College Station, Texas, be amended
as set out in Exhibit "A", Exhibit "B", and Exhibit "C", attached hereto and made a
part of this ordinance for all purposes.
PART 2: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 24th day of November, 2008.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
167
ORDNANCE NO.
EXHIBIT "A"
Page 2
That Chapter 12, "Unified Development Ordinance," Section 4.2, "Oficial Zoning Map," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from R-1 Single-Family Residential and A-0 Agricultural
Open to PDD Planned Development District, as shown graphically in Exhibit "B", and with a
Concept Plan as described and shown graphically in Exhibit "C":
168
METES AND BOUNDS DESCRIPTION
OF A
120.76 ACRE TRACT
CRAWFORD BURNETT SURVEY, A-7
COLLEGE STATION, RRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF AN ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING
AND BEING SITUATED M THE CRAWFORD BURNETT SURVEY, ABSTRACT NO. 7, COLLEGE STATION,
BRAZOS COUNTY, TEXAS. SAlD TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.04 1
ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES LTD. RECORDED IN VOLUME 3091, PAGE
243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, A PORTION OF A CALLED 10.7466
ACRE TRACT AS DESCRTBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME
6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A
CALLED 5.000 ACRE TRACT AS DESCRTBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED
IN VOLUME 8222, PAGE 226 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METE3 AND BOUNDS AS FOLLOWS:
BEGINNING AT A 518 MCH IRON ROD FOUND ON THE NORTHWEST LINE OF DOWLMG ROAD (A
COUNTY MAINTAINED PUBLIC ROAD - VARIABLE WIDTH R.O.W.) MARKING THE SOUTH CORNER OF
SAlD REMAINDER OF 134.041 ACRE TRACT AND AN ANGLE POINT M TIE NORTHWEST LlNE OF
DOWLING ROAD;
THENCE: N 48" 14'40" W ALONG THE SOUTHWEST LINE OF SAID REMAINDEROF 134.041 ACRE TRACT,
SAME BEING THE NORTHEAST LINE OF THE WOODLANDS, ACCORDING TO THE PLAT RECORDED M
VOLUME 393, PAGE 52 1 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE EXTENSION OF
SAID NORTHEAST LINE, FOR A DISTANCE OF 1243.67 FEET TO A CONCRETE MONUMENT FOUND
MARKING THE NORTH CORNER OF THE WOODLANDS AND THE EAST CORNER OF A CALLED TRACT
OF LAND OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM;
THENCE: N 48' 24' 12" W ALONG THE COMMON LINE OF SAID REMAINDER OF 134.041 ACRE TRACT
AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 496.23 FEET TO THE REMAINS OF AN OLD FENCE
POST FOUND MARKTNG THE SOUTH COMR OF A CALLED 43.633 ACRE TRACT AS DESCRIBED BY A
DEED TO BVP 2818 PLACE, LP, RECORDED M VOLUME 7943, PAGE 180 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 4 1 " 44' 04" E ALONG THE COMMON LINE OF SAID REMAINDER OF 134.041 ACRE TFWCT AND
SAD 43.633 ACRE TRACT FOR A DISTANCE OF 21 14.76 FEET TO A 5/8 INCH IRON ROD FOUND ON THE
SOUTH LXNE OF FM 28 18 (HARVEY MITCHELL PARKWAY -VARIABLE WIDTH R0.W.) MARKING THE
NORTHWEST CORNER OF SAID RWINDER OF 134.04 1 ACRE TRACT AND THE EAST CORNER OF SAlD
43.633 ACRE TRACT;
THENCE: ALONG THE SOUTH LINE OF FM 28 18 FOR THE FOLLOWING CALLS:
N 83' 49' 00" E FOR A DISTANCE OF 302.72 FEET TO A CONCRETE RIGHT-OF-WAY MARKER
FOUND,
N 84' 44' 20" E FOR A DISTANCE OF 1136.72 FEET TO A 518 INCH IRON ROD FOUND;
THENCE: THROUGH SAID REMAINDER OF 134.04 1 ACRE TRACT FOR THE FOLLOWING CALLS:
S 1 lo 48' 1 I" E FOR A DISTANCE OF 502.09 FEET TO A 5/8 INCH IRON ROD FOUND;
S 78' 1 1' 49" W FOR A DISTANCE OF 17-00 FEET TO A 5/8 INCH IRON ROD SET;
S 1 1' 48' 11" E FOR A DISTANCE OF 155.74 FEET TO A 518 INCH IRON ROD SET ON THE
COMMON LINE OF SAID REMANER OF 134.041 ACRE TRACT AND SAlD 10.7466 ACRE TRACT.
169
ORDINANCE NO. Page 4
.
FOR REFERENCE A 51 6 INCH IRON ROD FOUND ON THE WESTERLY LME OF JONES BUTLER
ROAD MARKING THE COMMON CORNER OF SAID REMAINDER OF 134.04 1 ACRE TRACT AM)
SAID 10.7466 ACRE TRACT BEARS: N 42' 32' 57" E FOR A DISTANCE OF 574.71 FEET;
THENCE: S 42' 32' 57" W ALONG THE COMMON LME OF SAID REMAINDER OF 134.041 ACRE TRACT
AND SAID 10.7466 ACRE TRACT FOR A DISTANCE OF 196.78 FEET TO A 518 INCH IRON ROD SET, FOR
REFERENCE A 518 INCH IRON ROD FOUND MARKING A COMMON CORNER OF SAID 10.7466 ACRE
TRACT AND SAID 5.000 ACRE TRACT BEARS: S 42' 32' 57" W FOR A DISTANCE OF 2 12.49 FEET:
THENCE: S 10' 56' 18" E THROUGH SAID 10.7466 ACRE TRACT FOR A DISTANCE OF 439.12 FEET TO A 518
INCH IRON ROD SET WITHIN SAID 5.000 ACRE TRACT MARKING THE BEGINNING OF A CLOCKWISE
CURVE HAVING A RADIUS OF 575.00 FEET;
THENCE: THROUGH SAID 5.000 ACRE TRACT AND ALONG SAID CURVETHROUGH A CENTRAL ANGLE
OF 32O27'42" FOR AN ARC DISTANCE OF 325.77 FEET (CHORD BEARS: S 05' lT 33" W-321.43 FEET) TO A
518 INCH IRON ROD SET ON THE NORTHWEST LINE OF DOWLING ROAD MARKING THE ENDING POINT
OF SAID CURVE;
THENCE: S 43' 01' 08" W ALONG THE NORTHWEST LINE OF DOWLING ROAD FORA DISTANCE OF 94.1 5
FEET TO A 518 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 5.000 ACRE TRACT;
THENCE: S 43' 01' 19" W CONTINUING ALONG THE NORTHWEST LINE OF DOWLING ROAD FOR A
DISTANCE OF 1262.08 FEET TO A % INCH IRONROD FOUND MARKING AN ANGLE POINT IN SAID LME;
THENCE: S 62' 44' 18" W CONTMUING ALONG THE NORTHWEST LINE OF DOWLING ROAD FOR A
DISTANCE OF 736.81 FEET TO THE POINT OF BEGINNING CONTAINING 120.76 ACRES OF LAND,
MORE OR LESS, AS SURVEYED ON THE GROUND. BEAFUNG SYSTEM SHOWN HEREIN IS BASED
ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
170
''87, $!q!F3
'ON 83WNICRIO
171
ORDINANCE NO. Page 6
Exhibit "C"
Statement of Purpose & Intent:
This Planned Development District is for multi-family developments that will consist of single
detached units, duplexes, and attached units associated with neighborhood commercial uses that
support the development and surrounding neighborhoods. Residential uses are scaled, oriented,
and buffered so as not to be intrusive to the surrounding single family developments. Natural
areas are preserved and large open space green areas are provided for the efficient use of land and
to serve as an amenity to the development, provide recreational opportunities, and preserve
existing vegetation, floodplain, and drainage features.
General Concepts not already shown or noted on the Concept Plan:
Residential uses are located in areas Al, A2, and A3. Residential areas will meet the R-4 Multi-
family zoning district uses and requirements, which allow up to 20 dwelling units per acre.
Retail uses are located in areas B1, B2, B3, B4, F1, and F2. Areas B1, B2, B3, and B4 are will
meet the C-3 Light Commercial zoning district uses and requirements. Areas F1 and F2 will also
meet the C-3 Light Commercial district requirements with additional uses and/or modifications
from uses permitted in the C-1 General Commercial district. In addition to C-3 Light
Commercial uses, F1 and F2 are also permitted the following uses:
Car Wash;
Commercial Amusements;
Drive-in / thru window;
Fuel Sales (as per Specific Use Standards for C-1);
Health Club / Sports Facility, Outdoor;
Hotel;
Night Club, Bar or Tavern (only with a Conditional Use Permit);
Restaurants (with no Specific Use Standards for C-3); and
Theater
Area F1 is limited to 100,000 square feet of gross floor area that may be comprised of any
combination of the following uses:
Animal Care Facility, Indoor;
Art Studio / Gallery;
Car Wash;
Commercial Amusements;
Day Care, Commercial;
Drive-in I thru window;
Dry Cleaners & Laundry;
Educational Facility, Indoor Instruction;
Educational Facility, Primary & Secondary;
172
ORDINANCE NO. Page 7
Governmental Facilities;
Health Care, Medical Clinics;
Health Club / Sports Facility, Indoor;
Health Club 1 Sports Facility, Outdoor;
Hotel;
Night Club, Bar or Tavern;
Personal Service Shop;
Places of Worship;
Printing / Copy Shop;
Radio / TV / Studio;
Restaurants; and
Theater
Square feet of uses permitted in area F1 as described previously, but not listed in the limitation
above will not count toward the 100,000 square feet maximum. In addition, all areas (residential
and retail) may be developed in phases and receive site plan approval separately.
Approved Meritorious Modifications to Subdivision and/or Site Development Standards:
Residential Areas (Al, A2, and A3):
Allow single detached units and duplex units on multi-family lots without being platted
individually (Unified Development Ordinance (UDO) Section 5.1 .G Multi-family (R-4)
and Section 6.2.C Use Table);
Allow 20-foot curb radii at intersections to create a more pedestrian friendly environment
(UDO Section 7.3.C.7 Geometric Design of Driveway Access);
Block length variances along North Dowling Road and Holleman Drive (Subdivision
Regulations Section 8-5 Blocks); and
Not require street connection to stub of Cedar Ridge Drive (Subdivision Regulations 8-
G.2 Relation of adjoining Street Systems).
Retail Areas (B 1, B2, B3, B4, F 1, and F2):
Reduction in required parking to create a more pedestrian friendly environment (Unified
Development Ordinance (UDO) Section 7.2.1 Number of Off-Street Parking Spaces
Required)
Allow for parallel parking on looped street around areas B1, B2, and B3 (BryadCollege
Station Unified Design Guidelines and the BrydCollege Station Unified Technical
Specifications); and
Block length variances along the Holleman Drive (Subdivision Regulations Section 8-5
Blocks).
173
ORDINANCE NO.
Concept Plan Approved with the Planned Development District:
Page 8
174
ORDINANCE NO. Paae 9
NOTES:
I. Sidwvalks within A2 will exist along all
private drive aisles and adjacent to aliparking
lacatnm
2. A trail system will connect each block of
AI/N andA3 for pedestrian use and dl
provide a route for both bike and pedestrain
traffic to the retail locations
3. badways behind the entry gates will be
Pr'Nate Drive Aisk?; and all boulevard entrances
to gates will be priv4te.
4. All sbuctures will be a drnum of 3 stories
dl and mayhave architectural elements above
the three stories that could be as tall as 70 feet
ah ground level (1.e. copulas.etc)
5. Parking for the comrnemal areas
(F I, B 1434) shaR be located in a manner so as
to be located on the interior ofthe commwdal
area or at the drive entrances between
buildhgs but not located parallel to Holleman
and FM 28 18 and in front ofthe cmemal
buildings along these roadways.
\
6. The bed roadway around
02.B3hlubhcuse and B l will be prMi and win
provide a route for bus -ce. Parallel
parking will be provided on this looped street.
7. The buffer areas shuwn will be designed as
shown in the cm section A-A. Any existing
vegetation that is of size and type to obtain
landscape points will be retained (as opposed
to retaining all existing vegetation which
consists mosdy of inmsiw non-desireabk
species) in the buffer area. The berm will
vertically meander and roll along the buffer
area to create interest as opposed to a creating
a "wall'. 70% ofthe N. Dawling frontage will
contain the 'bermeb buffer
8. The open space in A2 may be altered in a
fashii to create individual neighborhoods
surrounding an open space. The total open
space area shall be generalfy of the -me size
as that shorn.
CAPSTONE
DEVELOPMENT
Developer
Capstone Development
43 1 Office Park Diive
Birrningharn. AL. 35223
205-4 14-6400
Vicinity Map
pwv..
Buffer Cross Section Section A-A
175
I . Sidewalks within A2 will exist along all
private drive aisles and adjacent to all parking
locations
2. A trail system will connect each block of
A I /A2 and A3 for pedestrian use and will
provide a route for both bike and pedestrain
traffic to the retail locations
3. Roadways behind the entry gates will be
Private Drive Aisles and all boulevard entrances
to gates will be private.
4. All structures will be a maximum of 3 stories
tall and mayhave architectural elements above
the three stories that could be as tall as 70 feet
above ground level (i.e, copulas,etc.)
5. Parking for the commercial areas
(F I , B I -B4) shall be located in a manner so as
to be located on the interior of the commercial
area or at the drive entrances between
buildings but not located parallel to Holleman
and FM 28 1 8 and in front of the commercial
buildings along these roadway;.
6. The looped roadway around
B2/B3/Clubhouse and B l will be public and will
provide a route for bus service. Parallel
parking will be provided on this looped street.
7. The buffer areas shown will be designed as
shown in the cross section A-A. Any existing
vegetation that is of size and type to obtain
landscape points will be retained (as opposed
to retaining all existing vegetation which
consists mostly of invasive nondesireable
species) in the buffer area. The berm will
vertically meander and roll along the buffer
area to create interest as opposed to a creating
a 'hill". 70% of the N. Dowling frontage will
contain the "berrned" buffer.
8. The open space in A2 may be altered in a
fashion to create individual neighborhoods
surrounding an open space. The total open
space area shall be generally of the same size
as that shown.
9. The Place Properties connection road may
be placed in an alternate alignment other than
that shown given that it provides thru access
from the town square area (labeled as
81 ,B2,B3) through or adjacent to Tract A1 and
connects to Place properties.
CAPSTONE
DEVELOPMENT
Developer
Capstone Development
43 1 Office Park Drive
Birmingham, AL. 35223
205-4 14-6400
Current Property Owner
TLS Properties - Bruce Smith
P.O. Box 19572
Houston, TX. 77224
71 3-461-5606
THE COTTAGES coLLLbL ,T\TIc)\ OF TC\.i> COLLEGE STATION
Concept Plan
r*pm.t., 2oes
p+?.im
Buffer Cross Section Section A-A
2829 Second .Avenue South Applicant Suirc 240
Mitchell & Morgan, LLP Birmingham Alabama 35233
r 205.322.6455
5 1 I Universtiy Drive East, Suite 204 f 205.322.616?
dungan.n~qu~rr~.com
College Station, Texas 77840 NCMBER OW1
979-260-6963 176
November 24, 2008
Regular Agenda Item No. 6
Comprehensive Plan Amendment for Greens Prairie Road and Arrington Road
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion regarding an
amendment to the Comprehensive Land Use Plan from Single-Family Residential Medium
Density to Retail Regional and Single-Family Residential Medium Density for 34.6 acres
located at 1775 Greens Prairie Road West, and more generally located near the southwest
corner of the intersection of Greens Prairie Road and Arrington Road.
Recommendation(s): The Planning and Zoning Commission considered this item at their
November 20th meeting and a motion to deny the request failed on a 3-3 vote. With a failed
vote to approve the request, this proceeds as a recommendation for denial. Staff
recommended denial of the request.
Summary: The request was analyzed based on the following review criteria:
Review Criteria
1. Changed or changing conditions in the subject area of the City: In December
2005, Council approved two Comprehensive Plan land use amendments in the vicinity
for what is now part of the Greens Prairie Center subdivision to the east. One
amendment replaced about 23 acres of Institutional with Retail Regional while the
second changed over 37 acres of Single-Family Residential Medium Density to Retail
Regional as well. As part of the second application, an additional request for 16 acres to
be designated Residential Attached was denied and kept as Single-Family Residential
Medium Density. The 16 acres that was considered for Residential Attached then is now
requested as Retail Regional under this request as Tract 2 and a portion of Tract 1.
In 2006, William D. Fitch Parkway (State Highway 40) was completed near this tract to
the north. Due to the proximity of Arrington Road to the intersection of State Highway
40 and State Highway 6, Arrington Road, a major collector, has been realigned as part
of the development of Greens Prairie Center to the northeastern boundary of the subject
property and was completed in October of this year.
On November 5th, the Council approved a Comprehensive Plan land use amendment for
about 31 acres of land about a mile to the west at the northeast corner of the future
intersection of Victoria Avenue and William D. Fitch Parkway. As part of the request,
almost 20 acres was designated as Retail Regional and a little less than 6 acres each of
Office and Residential Attached.
2. Compatibility with the remainder of the Comprehensive Plan: The
Comprehensive Plan defines Retail Regional as areas permitting regional scale
development of tax generating developments such as retail centers, service commercial,
restaurants, etc. These uses are generally dependent on good access to highways and
major arterials. The subject property is adjacent to Greens Prairie Road West, a minor
arterial, the newly realigned Arrington Road, a major collector, and is in relative
177
proximity to William D. Fitch Parkway, a highway. It is also adjacent to existing land
designated as Retail Regional and zoned C-1 General Commercial. The additional Retail
Regional proposed in Tracts 1 and 2 add 27 acres to a large, mostly undeveloped,
commercial area centered on the intersection of State Highway 6 and William D. Fitch
Parkway/State Highway 40. That intersection is about one-half mile away from the
subject property and all the land between the two is already zoned C-1 General
Commercial. When considering all four corners of that intersection, over 300 acres is
currently zoned C-1 General Commercial, which is an amount almost equivalent to the
land area of 4 Post Oak Malls. While the subject property is adjacent to a minor arterial
and major collector, this does not preclude the existing Single-Family Residential
Medium Density designation. Examples of this include existing single family subdivisions
along Greens Prairie Road, Barron Road, and Southwest Parkway (all minor arterials)
and along Longmire Drive, Victoria Avenue, and Deacon Drive (all major collectors). The
addition of more Retail Regional will not help transition from the higher intensity uses at
highway intersections to the larger lot subdivisions to the south and west.
The proposed Single-Family Residential High Density designation is for single-family
detached residential developments with densities ranging from 7 to 9 dwelling units per
acre. Staff has also interpreted this designation to include townhomes which are single
family units but are attached. Tract 3 proposes about 7.4 acres of Single-Family
Residential High Density behind the Retail Regional. Higher intensity land uses should
be located between this designation and the thoroughfares. This land use would be
more appropriate as portions of Tracts 1 and 2 to provide a better transition from the
commercial areas.
Budget & Financial Summary: N/A
Attachments:
1. Aerial and Small Area Map (SAM)
2. Proposed Land Use Plan Amendment
3. Ordinance
178
179
180
181
182
183
184
November 24, 2008
Regular Agenda Item No. 7
Comprehensive Plan Amendment for the Corner of State Highways 60 and 47
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion on a
Comprehensive Land Use Plan amendment from Industrial R&D to Residential Attached for
5.59 acres located on the northern corner of the intersection of State Highways 60 and 47.
Recommendation(s): The Planning & Zoning Commission considered this request at
their November 20th, 2008 meeting where they made a recommendation to deny with a 6-0
vote. Staff recommended denial of the request.
Summary:
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: Since the time
the current Comprehensive Plan was adopted, a few changes have occurred in this area.
Easterwood Airport expanded its runways to provide expanded air service to the region.
The City acquired approximately 57 acres off of SH 60 between Harvey Mitchell Parkway
and Turkey Creek Road for the new Memorial Cemetery and Aggie Field of Honor, and the
City Council amended the Land Use Plan and Thoroughfare Plan for the cemetery to reflect
Institutional and remove two unnamed minor collectors.
The City has also experienced a decrease in the amount of property designated for
Industrial R&D. Whereas there were just over 1,500 acres designated for Industrial R&D
less than five years ago, there are approximately 1,400 today. At about 245 acres, the
subject tract and its immediate surrounds represent one of the larger blocks of Industrial
R&D outside of the Business Center at College Station and the property acquired for a
second business park (which is no longer moving forward).
Near the subject tract, Texas A&M has developed a Health Science Center campus plan for
property in Bryan close to the College Station City limit. While not yet under construction,
clearing has begun for the first buildings’ locations.
2. Compatibility with the remainder of the Comprehensive Plan: A Residential
Attached designation would not be consistent with the existing Comprehensive Land Use
Plan. Industrial Research & Development, the current designation on the Land Use Plan, is
described as:
Areas permitting medium to large-scale development of tax-generating developments
such as industrial/R&D parks, technology centers, clean manufacturing, and
assembly/distribution. These developments are very dependent upon good access to
highways, rail lines, and/or airports.
At the corner of two highways, this tract has the access promoted for non-residential uses.
In close proximity to the airport, it is in a position to take advantage of the transportation
network needed to move people and goods in an efficient and expeditious manner. The
Comprehensive Plan does not encourage residential land uses against highways and in near
proximity to airports.
Budget & Financial Summary: N/A
185
Attachments:
1. Area map and aerial photo
2. Ordinance
186
187
188
189
190
November 24, 2008
Regular Agenda Item No. 8
Single-Family Overlays
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
amendment to the Unified Development Ordinance, Section 5.9, Single-Family Overlay
Districts as it relates to the minimum number of petition signatures to request an overlay.
Recommendation(s): The Planning and Zoning Commission recommended denial of
the amendment by a vote of 6 to 1 at their November 6th meeting.
Summary: At the direction of City Council, Staff has revised the Single-Family Overlay
District language to reduce the percentage of owners required to sign for a petition
requesting an overlay rezoning. The amendment will reduce the requirement from 60% to
50% +1.
At the Planning and Zoning Commission, there were significant concerns about increasing
the infringement on private property rights by lowering the requirement by both the
Commission and members of the community.
Budget & Financial Summary: N/A
Attachments:
1. Draft Planning and Zoning Commission Meeting Minutes, November 6, 2008
2. Ordinance
191
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, November 6, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Bill Davis, Noel Bauman, Paul
Greer, Doug Slack, Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Kramer, Staff
Planners Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Erika
Bridges, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter,
Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance
Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center
Representative Kerry Mullins and Staff Assistant Brittany Caldwell
12. Public hearing, presentation, possible action, and discussion on an amendment to Chapter
12, City of College Station, Unified Development Ordinance Section 5.9, Single-Family
Overlay Districts as it relates to the minimum number of petition signatures to request an
overlay. Case #08-00500001 (LK)
Lindsay Kramer, Senior Planner, presented the ordinance amendment to the Single-
Family Overlay Districts. She stated that that amendment will reduce the percentage of
owners required to sign for a petition requesting an overlay rezoning from 60% to 50%
+1.
There was general discussion regarding the ordinance amendment.
Chairman Nichols opened the public hearing
Steven Schloss, 402 W. Dexter Drive, College Station, Texas; James Robinson, 605
Guernsey, College Station, Texas; Lisa Robinson, 605 Guernsey, College Station, Texas;
and David Hart, 1306 Bayou Woods, College Station, Texas. Some of the concerns of the
citizens were fairness issues and not being able to have diversity in neighborhoods.
192
Sherry Ellison, 2705 Brookway Drive, College Station, Texas, spoke in favor of the
ordinance amendment and stated that older neighborhoods have more of a problem
getting signatures.
Chairman Nichols closed the public hearing.
Commissioner Bauman stated that he believes that the current percentage is too low and
that the amendment is being done for specific neighborhoods.
Commissioner Davis stated that he was uncomfortable not being able to have the super
majority signing the petition. He said that there is a reason people are not participating.
Commissioner Stearns stated that he did not like the requirement that absentee owners
had to sign the petition because they do not live there and know the neighborhood.
Commissioner Slack stated that he did not believe that the ordinance has been in act long
enough to make changes. He said that preserving neighborhoods is critical.
Commissioner Greer stated that reducing the percentage requirement makes it too easy.
Commissioner Bauman motioned to recommend denial of the ordinance
amendment. Commissioner Davis seconded the motion, motion passed (6-1).
Commissioner Stearns was in favor of the ordinance amendment.
193
194
195
November 24, 2008
Regular Agenda Item No. 9
Strong and Sustainable Neighborhoods Grant Program
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action and discussion regarding the
establishment of a neighborhood grant program and revisions to the current gateway grant
program.
Recommendation(s): Staff recommends that City Council approve the strong and
sustainable neighborhoods grant program as detailed in the information presented by staff.
Summary: At their August 26th meeting, the City Council directed staff to revise the current
gateway grant program and to expand it into a neighborhood grant program where
additional items (such as defraying the costs of petitioning for the single-family overlay)
could be considered for funding assistance by the City.
Staff has prepared a proposal that if accepted by Council will enable funding of a variety of
physical and non-physical neighborhood projects. As envisioned the program would
continue to be a cost sharing program (for example if a neighborhood seeks funding to
defray the costs associated with application for the single family overlay which currently
costs $500, if awarded a grant the neighborhood would only be responsible for 50% of the
costs). Staff believes this cost-sharing effort allows limited funds to aid a larger number of
neighborhoods, is consistent with the Council’s policy of cost recovery, and helps to ensure
there is an “investment” in the process made by the neighborhoods.
Staff is proposing there be three types of projects eligible under the grant program –
Physical (gateways for example), Non-physical (application fees for example), and
Community-building (neighborhood clean-up for example).
Staff is proposing two funding cycles with half of the budgeted funds available in the first
round and all remaining funds available in the second round. Staff is proposing that half of
the budgeted funds be available for physical projects and that the remaining half be split
evenly between non-physical and community building projects. Staff is proposing that a
review committee consisting of representatives from a variety of city departments be
established to review applications and to award grants. This review would be based on an
established set of criteria.
Staff is also proposing a variety of revisions to the current gateway program that will
provide more accountability for the program and better define the roles of all parties
involved.
Budget & Financial Summary: $15,000 is currently budgeted for the Gateway Grant
program. Staff proposes that these funds be used for the Neighborhood Grant Program,
with a minimum of 50% remaining available for the Gateway Grant program.
Attachments:
1. Draft Strong and Sustainable Neighborhoods Grant Program Overview
196
Strong & Sustainable Neighborhoods Grant Program
Origin & Purpose
The Strong & Sustainable Neighborhoods Grant Program assists associations and neighborhood groups with
physical/ non-physical and community building projects. This program is a matching grant program, creating
a partnership between the neighborhoods and the City to accomplish common goals.
Goals
· Strengthen & improve neighborhood associations
· Improve the appearance of city neighborhoods
· Strengthen the relationship between the HOA and the City government
· Stimulate inter-neighborhood cooperation
· Encourage new communities to develop their own neighborhood associations
· Stimulate interaction between all College Station HOAs/Neighborhood associations
Who can apply?
All neighborhoods are eligible to apply for assistance through the program. Neighborhood and
Homeowners associations that are registered with the City’s Neighborhood Partnership Program
(NPP) will be given priority status in selection. Neighborhoods that are not a part the NPP are
eligible for funds for non-physical and community building projects but not for physical projects
including Gateway Grants.
What are considered Non- Physical Projects ?
These are projects that are intended to strengthen the quality of life and/or integrity of a
neighborhood. Some examples are one-time events such as a festival, a celebration, application
for a zoning overlay, a training sessions or a workshop. Twenty-five percent (25%) of the
budgeted funds to the grant program will be dedicated for non-physical projects.
What are considered Physical Projects?
These are projects that are intended to enhance the physical aspects of a neighborhood. Some
examples are beautification projects, landscaping, neighborhood clean ups or a tangible building
project such as a gateway or entry-way improvement. Fifty percent (50%) of the budgeted funds
to the grant program will be dedicated for Physical Projects.
What are considered Community Building Projects?
These projects are intended to bring the community together to work on a project. Some
examples are a neighborhood clean-up, a drive to increase resident membership or participation
in an association, developing a neighborhood newsletter for distribution, community gardens or a
neighborhood forum. Twenty-five percent (25%) of the budgeted funds will be dedicated for
Community Building Projects.
197
What activities or groups are ineligible for funding?
-Political Campaigning
-Alcohol purchases
-Association business expenses or trips
-Individuals persons or individual businesses
-Religious organizations
Application Granting Process
How does it work?
The program is a fifty percent (50%) matching funds program that assists
neighborhood/homeowners associations to obtain funds for projects that will benefit the
neighborhood and its residents.
Non-Physical
The maximum amount available for Non-Physical is $500.00. Volunteer hours and in-kind
donations may be allowed as matching funds in the manner and to the extent provided for by the
City.
Physical
The maximum amount available for Physical Projects is $7500.00. Volunteer hours and in-kind
donations up to twenty-five percent (25%) of the value of the neighborhood’s share may be
allowed in the manner and to the extent provided for by the City.
Community-Building
The maximum amount available for Community Building Projects is $500.00. Volunteer hours
and in-kind donations may be allowed as matching funds in the manner and to the extent
provided for by the City.
Grants will be evaluated on the following criteria:
· Registered with the City’s Neighborhood Partnership Program (20 points) (Note: this is
required for all applications for Physical Projects)
· Neighborhood Participation & Involvement (20 Points)
· Community Benefit (10 Points)
· Matching donations and volunteer hours contributed towards the event (5 Points)
· Project consistency with established Program goals (10 Points)
Grant Application Deadline
There will be two funding cycles annually, one in the Spring and another in the Fall, with the
specific submittal dates established annually by the Neighborhood Services Office.
The applications will be turned in to the Neighborhood Services Offices in City Hall at 1101
Texas Avenue, College Station, TX 77842 by 5:00 PM on the deadline date.
The first funding cycle will award up to half of the budgeted funds to the program. The second
funding cycle will use all remaining funds. At least one half of the funds budgeted will be used
to annually fund physical projects.
198
Notification of Awards
Applicants will be notified of award status within six weeks of the submittal date for
applications.
Contract for Funds
Once an award for grant funds has been made, a contract or funding agreement will be issued to
the association or group, detailing the use of funds, time lines to complete projects, and other
important information. Until a funding agreement or contract is signed by all parties, the City
has no responsibility to reimburse the organization for any expenses or funds incurred or
spent before the agreement is official. These funds cannot be used to cover past events or
expenses.
199
November 24, 2008
Regular Agenda Item No. 10
Presentation, Possible Action and Discussion Regarding a Resolution Approving
and Setting User Fees for the Parks and Recreation Department
Calendar Year 2009
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director of Parks and Recreation
Agenda Caption: Presentation, possible action and discussion regarding a resolution of
the City Council of the City of College Station, Texas, approving and setting fees for Parks
and Recreation activities and facilities for Calendar Year 2009.
Recommendation(s): Staff recommends approval of the resolution and fees schedule as
submitted. The Parks and Recreation Advisory Board also recommends approval of the fees
as proposed.
Summary: The Parks and Recreation Department conducts annual reviews of user fees to
determine direct costs, as well as local “market” rates for individual programs and facilities.
Further the Parks and Recreation Advisory Board established a departmental fee policy
statement to provide guidance in the establishment of fees. This policy is consistent with the
City’s fiscal and budgetary policy. The Board reviewed the proposed fees on October 20,
2008 and voted 6-0 (Jody Ford, Wayne Williams, and George Jessup absent) to recommend
approval of the fees as submitted for Calendar Year 2009.
The Municipal Cemetery System fees were an addition made to the Parks and Recreation
Department User Fees Schedule in order to view the Department’s User Fees Schedule in
its’ entirety.
Budget & Financial Summary: The proposed user fees for Calendar Year 2009 include
changes that are detailed in Attachment 2 (Exhibit A). If approved, the new fees will
become effective January 1, 2009.
Attachments:
1. Resolution
2. Exhibit A - Parks and Recreation Department Fees for Calendar Year 2009.
3. Parks and Recreation Department User Fees comparison from previous years.
200
201
Exhibit A
PARKS AND RECREATION DEPARTMENT
2009 USER FEES
ACTIVITY / FACILITY 2009 Fees
**************************************************************
ADULT SPORTS PER TEAM
1. Flag Football $380
2. Volleyball $190
3. Softball
Play-Off League: Spring and Summer / Fall $355
Fast Pitch: Spring and Summer / Fall $395
4. Outside League Field Redevelopment Fee Per Team $75
5. Adult Sports Transfer/Cancellation Fee $10
**************************************************************
ATHLETIC FIELDS
~ In addition to the rental fees, a deposit will be charged and paid by the renter in advance of any
tournament. The deposit will vary depending on the type and size of the tournament.
~ In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on
the length and type of tournament in order to cover expenses incurred by the City for personnel and
supplies needed to facilitate the tournament.
~ Game field prep and light fees are included in the daily rental fee, but not in hourly rental fees.
1. Athletic Field Rentals
One (1) Field: Per Day/Per Weekend $110 per day
One (1) Field: Per Hour up to 10 Hours $15 per hour
2. Athletic Field Rental Deposit Varies
3. Lights for Field Rentals (Per Hour/Per Field) $15 per hour
4. Game Field Prep Fee per Field $45 per field
5. Bee Creek Batting Cage Rental: Per Hour $10 per hour
6. Veterans Park “Package” Day Rental – All 9 Soccer Fields and the
~ American Pavilion $1000
7. Key Fee (New and Replacement Fee) $10 each
8. Parking Fee (Wayne Smith Complex) Per Day $5
202
2
**************************************************************
CEMETERY FEES
1. College Station Cemetery
~ Standard Space $950
~ Cremate Space $300
~ Infant Space $150
2. Memorial Cemetery of College Station
~ Standard Space $950
~ Infant Space $150
3. Aggie Field of Honor
~ Standard Space $2000
~ Cremate Space $1200
4. Filing Fee – The Brazos County Clerk’s Office sets and
Administers this fee, which is subject to change without notice.
(First two pages / Each Page thereafter). $15/$4
**************************************************************
CONFERENCE CENTER
~ The room deposit is $100 on Room 127 and $50 each on all other rooms including the kitchen.
~ Deposits are refundable upon compliance with all rules, regulations, and clean-up requirements by
client and caterer.
~ Deposits are refunded less the cancellations fee of $10, if the reservation is cancelled sixty (60) days
prior to the event.
~ An additional fee of $25 is charged if additional time is needed between the hour of 5 p.m. and 6
p.m., and is based upon availability.
1. Commercial Rental Rates (Companies or Businesses)
Room 101:
Monday – Thursday: 4 Hours or Less $55
8 am – 5 pm $65
6 pm – Close $70
Friday Rate: 8 am – Close $75
Saturday Rate: 8 am – Close $150
Room 102*, 103, 104, 106*
Monday – Sunday: 4 Hours or Less $45
8 am – 5 pm $55
6 pm – Close $60
Room 105:
Monday – Sunday: 4 Hours or Less $55
203
3
8 am – 5 pm $65
6 pm – Close $70
Room 127:
Monday – Thursday: 4 Hours or Less $125
8 am – 5 pm $165
6 pm – Close $175
Friday Rate: 8 am – Close $225
Saturday Rate: 8 am – Close $450
2. Non-Commercial Rental Rates
(Individuals or groups / not companies or businesses)
Room 101:
Monday – Thursday: 4 Hours or Less $25
8 am – 5 pm $40
6 pm – Close $35
Friday Rate: 8 am – Close $75
Saturday Rate: 8 am – Close $150
Room 102*. 103, 104, 106*
Monday – Sunday: 4 Hours or Less $20
8 am – 5 pm $35
6 pm – Close $30
Room 105:
Monday – Sunday: 4 Hours or Less $25
8 am – 5 pm $40
6 pm – Close $35
Room 127:
Monday – Thursday: 4 Hours or Less $60
8 am – 5 pm $110
6 pm – Close $80
Friday Rate: 8 am – Close $225
Saturday Rate: 8 am – Close $450
3. Kitchen Rental $20
4. Sunday Surcharge
1 – 5 Consecutive Hours $60
1 – 5 Hours Split, or over 5 Consecutive Hours $85
5. Transfer / Cancellation, Set-up Change Fee $10
6. Alcohol Deposit (if alcohol is served) $50
7. Catering Deposit $50
8. Multi-media Projector Deposit $50
9. Vendor or Exhibitors Tables $10
10. Miscellaneous Charges
Copies (Per Copy) $.10*
Faxes ~ Local (Per Page). $1
~ Long Distance (First Page / Each Additional Page) $2 / $ 1
~ Trip Charge (For Food) $10
Coffee Service (Per Cup) .50 cents
*Per Section 111.61 of the Texas Administrative Code
**************************************************************
INSTRUCTION FEES PER PERSON
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4
1. Swim Lessons 25-Minute Lesson / 45-Minute Lesson* $40 / $45
2. Stroke Clinic $45
3. USTA Tennis League $90
4. Tennis Lessons $65
5. Water Fitness Pass ~ Fall, Spring, Summer Passes $80 / $60
Winter Pass (Morning / Evening Only) $60 / $45
6. Instruction Transfer / Cancellation Fee $10
* Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length.
**************************************************************
LINCOLN CENTER
~ All rooms are subject to an after-hour charge of $20 per hour. The after-hour charge is based on any
request to use facilities beyond the Center’s normal operating hours.
~ Special Event fee includes the rental of the gym, Community Room, sound system, and 450 chairs.
1. School Year Membership Pass:
Youth (17 & Under) $20
Low Income Eligible $10
2. Summer Membership Pass
Resident – Brazos County $50
Non-Resident $100
3. Late Pick-up Fee
1st Fifteen Minutes $5
Each Additional Minute Thereafter $1
4. Adult (18 & Over) Annual (12 Month) Membership Pass $40
5. Non-Member Guest Pass Per Day (Youth or Adult) $2
6. Gym Deposit Per Day (8 hour block $250
Half Court Rental Per Hour (4 Hour Maximum) $25
Full Court Rental Per Hour (4 Hour Maximum) $35
Gym Event $.35/Chair
All Day Usage (More than 4 Hours $225
Concession Usage $20
7. Game Room/Multi-purpose Room Rental Per Hour (4 hour maximum)
Deposit $75
8. Community Room Rental Per Hour (3 hour maximum) $25/hour
Deposit $100
Kitchen Fee $20
9. Special Event Fee (Funerals, weddings, parties) $250
10. Miscellaneous Charges
Copies (Per Copy) $.10*
Faxes ~ Local (Per Page) $1.00
Local Distance (Per Page) $2 First Pg/$1 Addt’l Pgs.
*Per Section 111.61 of the Texas Administrative Code
**************************************************************
PAVILION RENTALS PER DAY
~ Deposits are refundable if the facility is left clean and damage-free, and keys are returned.
~ Deposits are refundable if reservation is cancelled seven (7) days prior to the rental date.
~ () –The parenthesis by each pavilion shows the limit of occupants that the pavilion can facilitate.
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5
1. Bee Creek (100) / Oaks (40) / W.A. Tarrow Pavilion (100)
Monday – Thursday $75
Friday – Sunday, and Holidays $100
Deposit $150
2. Central (200) / Southwood Pavilions (300)
Monday – Thursday $125
Friday – Sunday, and Holidays $200
Deposit $150
3. John Crompton Park Pavilion (80)
Monday – Thursday $100
Friday – Sunday, and Holidays $150
Deposit $150
4. American Pavilion in Veterans Park (500)
Monday – Thursday $200
Friday – Sunday, and Holidays $300
Deposit $300
5. Pavilion Transfer/Cancellation Fee $10
6. Dog Park Rentals –
Steeplechase Park and University Park) Per Day $110
**************************************************************
RACE EQUIPMENT RENTALS
1. Printing Stop Watch / Non-Printing Stop Watch $10 / $5
2. Cones (10) $10
3. Bases, Poles, and Flagging (10) $10
4. Big Time Clock $50
5. Water Cooler / Ice Chest $5 / $5
6. Tables $10
7. Traffic Flags and Vests (10) $5
8. Rental Package #1: Big time clock, 1 printing stopwatch, 10 cones,
10 bases/poles and flagging, 2 water coolers, 2 tables, 10 traffic flags and vests $75
9. Rental Package #2: Big time clock, 2 printing stopwatches, 30 cones,
20 bases/poles and flagging, 6 water coolers, 4 tables, 15 traffic flags and vests $100
10. Rental Package #3: Big time clock, 4 printing stopwatches, 60 cones,
30 bases/poles and flagging, 12 water coolers, 6 tables, 20 traffic flags and vests $125
**************************************************************
SWIMMING POOLS
* Adamson passes are also valid at Southwood Hallaran and Thomas pools, excluding the CSISD
Natatorium. All discount passes are priced for 25 swims.
1. General Admission Per Person (Ages 3 and up)
Hallaran / Thomas $2.50
Natatorium $2
Adamson $5
2. Discount Pass – 25 Swims
Hallaran / Thomas $50
Natatorium $40
*Adamson $85
3. Family Season Pass
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Hallaran/Thomas Pass or Natatorium Pass $125 / $125
*Adamson $200
4. Individual Season Pass
Hallaran / Thomas $60
* Adamson $80
5. Babysitter Season Pass
Hallaran / Thomas $40
*Adamson $50
6. Special Day Care Fee @ Adamson Lagoon Per Child $2.75
7. Pool Rentals (2 Hour Period. Limited weekend availability)
Thomas/Hallaran: 25 people or fewer $125
50 people or fewer $150
51 – 76 people $225
77 – 102 people $300
Each hour after initial 2 hours
Natatorium: 25 people or fewer $100
50 people or fewer $125
51 – 76 people $175
77 – 102 people $225
Each hour after initial 2 hours $100
Adamson: 99 people or fewer $300
199 or fewer $350
299 or fewer $425
300+ $600
Each hour after initial 2 hours $150
8. Pool Parties Per Person – (2 Hour Period)
General Party: Southwood and Thomas $5.50
Adamson Lagoon $7.50
Theme Party: Southwood and Thomas $6.50
Adamson Lagoon $8.50
Catered General Party: Southwood and Thomas $7
Adamson Lagoon $9.25
Catered Theme Party: Southwood and Thomas $7.75
Adamson Lagoon $10
Pavilion Party (Four-table limit): First table $20
Additional tables (Max of 3) $10
9. Junior Lifeguard Program per Person Per Session $75
10. Junior Lifeguard Level 2, Per Session $25 + Cert. Fees
11. “Lifeguard for a Day”, Per Person for 1.0 Hour No Cost
12. Other Pool Fees
Texas Superguard Competition Per Person $20
Swim Diaper Fee Per Diaper $1
Tube Rental Fee $1
~ Deposit $2
Locker Rental Fee $1
~ Deposit $2
Duck Derby (Sponsor a duck July 4th) Per Person $2
Itzy Bitzy Tiny Cutie Bathing Beauty & Handsome Boy Contest on July 4th, Per Person $3
“Schools Out Blow Out” at Adamson Lagoon $200
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Pool Trout Fish-out Per Person (Ages 3 and Up) $3
Over the 5-fish limit (Per Fish) $1.50
13. Educational Class Rental Per Hour $25
14. Adamson Lagoon Summer Day Camp Use, Per Child $2
15. Natatorium Team Use Fee, Per Person, Per Season $10
**************************************************************
TEEN CENTER (THE EXIT)
~ All rental rates are based on a party of 1 – 25 people. Additional fees are added per hour for over 25
attendees. Any rental expecting more than 100 attendees must have prior Supervisor approval.
~ Deposits are refundable if the facility is left clean and damage-free.
~ Fees are assessed for special events and field trips
1. Annual Membership Pass $20
2. Non –Member Fee Per Day $2
3. Meeting Room Rental, Per Hour $15
- Deposit $50
4. Dance/Game Room Rental. Per Hour $30
- Deposit $50
5. Whole Facility Rental Per Hour (Excludes Computer Lab) $75
- Deposit $75
6. Additional Attendance Fee Per Hour $10
**************************************************************
VENDOR PERMITS & COMMISSIONS
1. Vendor Permit $50
2. Commissions: (Gross Sales minus Sales Tax)
Food and Drinks 10 – 15 %
Other Goods 10 – 15 %
Alcoholic Beverages 20 – 25 %
**************************************************************
WOLF PEN CREEK AMPHITHEATER
~ A percentage of ticketing and fees for service personnel and vending charges will be added
accordingly for amphitheater rentals.
~ A percentage of the gate will be negotiated for commercial events.
~ Non Commercial defined as: Non-profit, student, civic or private.
~ Security deposits are based upon participants/attendees.
1. Amphitheater Rentals Per Day:
Private Rental $300 / $400
Non Commercial ~ Benefit Rental $600 / $700
Professional/Commercial Rentals $1,000 / $1,100
2. Green Room Meetings Four Hours or Less
Non Commercial $75 / $100
Commercial. $100 / $150
3. Green Room Meetings Up to Twelve Hours
Non Commercial $200 / $250
Commercial $250 / $300
4. Green Room Social Events ~ Four Hours or Less
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Non Commercial $100 / $125
Commercial $125 / $175
5. Green Room Social Events Up to Twelve Hours
Non Commercial $250 / $300
Commercial $300 / $350
6. Deposit for all Amphitheater or Green Room Rentals
7. The Plaza at Wolf Pen Creek
Rental (Includes Pavilion and Restrooms) $100 / $150
Deposit (Security, Damage, Clean-Up) $100
8. Other Non-typical Events
9. Discounts for Three or More Dates Reserved 15 %
10. Alcohol Surcharge for any Function $50
**************************************************************
XTRA EDUCATION CLASSES
~ All Xtra Education class fees will be set accordingly to the individual needs of each class
~ Based upon 100% Cost Recovery
**************************************************************
YOUTH SPORTS PER CHILD
1. Basketball / Flag Football / Youth Volleyball / Girl’s Softball $55
2. Challenger Sports (Basketball, Bowling Soccer) $15
3. Outside League Redevelopment Fee Per Child $10
4. Swim Team $100
5. Youth Sports Transfer / Cancellation Fee $10
Cemetery Fees approved by Cemetery Advisory Committee ~ October 7, 2008
Cemetery Fees approved by City Council ~ October 23, 2008
All other Fees approved by Parks and Recreation Advisory Board ~ October 20, 2008
All other Fees approved by City Council ~ November 24, 2008 (?)
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PARKS & RECREATION DEPARTMENT USER FEES
Draft Fees ~ Effective January 1, 2009
ACTIVITY/FACILITY 2006 2007 2008 2009
ADULT SPORTS PER TEAM
1. Flag Football $355 $375 $380 $380
2. Volleyball $175 $185 $190 $190
3. Softball
Play-Off League: Spring and Summer / Fall $340 $350 $355 $355
Fast Pitch: Spring and Summer / Fall $380 $390 $395 $395
4. Outside League Field Redevelopment Fee Per Team $75 $75 $75 $75
5. Adult Sports Transfer/Cancellation Fee $10 $10 $10 $10
ATHLETIC FIELDS
~ In addition to the rental fees, a deposit will be charged and paid by the renter in advance of any tournament. The deposit will vary
depending on the type and size of the tournament.
~ In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on the length and type of
tournament in order to cover expenses incurred by the City for personnel and supplies needed to facilitate the tournament.
~ Game field prep and light fees are included in the daily rental fee, but not in hourly rental fees.
1. Athletic Field Rentals
One (1) Field: Per Day / Per Weekend $100 per day $100 per day $100 per day $110 per day
One (1) Field: Per Hour up to 10 Hours $10 per hour $10 per hour $10 per hour $15 per hour
2. Athletic Field Rental Deposit Varies Varies Varies Varies
3. Lights for Field Rentals (Per hour/Per field) $10 per hour $10 per hour $10 per hour $15 per hour
4. Game Field Prep Fee per Field $45 per field $45 per field $45 per field $45 per field
5. Bee Creek Batting Cage Rental: Per Hour N/A $10 per hour $10 per hour $10 per hour
6. Veterans Park “Package” Day Rental – All 9 Soccer Fields and
the American Pavilion N/A N/A $1,000 $1,000
7. Key Fee (New and Replacement Fee) N/A N/A N/A $10 each
8. Parking Fee (Wayne Smith Complex) Per Day N/A N/A N/A $5
CEMETERY FEES
1. College Station Cemetery
Standard Space $600 $600 $600 $950
Cremate Space $250 $250 $250 $300
Infant Space $100 $100 $100 $150
2. Memorial Cemetery of College Station
Standard Space $950
Infant Space $150
3. Aggie Field of Honor
Standard Space $2000
Cremate Space $1200
4. Filing Fee – The Brazos County Clerk’s Office sets and
administers this fee, which is subject to change without
notice. (First two pages / Each Page thereafter)
$15 / $4
$15 / $4
CONFERENCE CENTER
~ The room deposit is $100 on Room 127 and $50 each on all other rooms including the kitchen.
~ Deposits are refundable upon compliance with all rules, regulations, and clean-up requirements by client and caterer.
~ Deposits are refunded less the cancellation fee of $10, if the reservation is cancelled sixty (60) days prior to the event.
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~ An additional fee of $25 is charged if additional time is needed between the hour of 5 p.m. and 6 p.m., and is based upon availability.
1. Commercial Rental Rates (Companies or Businesses)
Room 101:
Monday - Thursday: 4 Hours or Less $55 $55 $55 $55
8 am - 5 pm $65 $65 $65 $65
6 pm - Close $70 $70 $70 $70
Friday Rate: 8 am - Close $75 $75 $75 $75
Saturday Rate: 8 am - Close $150 $150 $150 $150
Room 102*, 103, 104, 106*
Monday - Sunday: 4 Hours or Less $45 $45 $45 $45
8 am - 5 pm $55 $55 $55 $55
6 pm - Close $60 $60 $60 $60
Room 105:
Monday - Sunday: 4 Hours or Less $55 $55 $55 $55
8 am - 5 pm $65 $65 $65 $65
6 pm - Close $70 $70 $70 $70
Room 127:
Monday - Thursday: 4 Hours or Less $125 $125 $125 $125
8 am - 5 pm $165 $165 $165 $165
6 pm - Close $175 $175 $175 $175
Friday Rate: 8 am - Close $225 $225 $225 $225
Saturday Rate: 8 am - Close $450 $450 $450 $450
2. Non-Commercial Rental Rates
(Individuals or groups / not companies or businesses.)
Room 101:
Monday - Thursday: 4 Hours or Less $25 $25 $25 $25
8 am - 5 pm $40 $40 $40 $40
6 pm - Close $35 $35 $35 $35
Friday Rate: 8 am - Close $75 $75 $75 $75
Saturday Rate: 8 am - Close $150 $150 $150 $150
Room 102*, 103, 104, 106*
Monday - Sunday: 4 Hours or Less $20 $20 $20 $20
8 am - 5 pm $35 $35 $35 $35
6 pm - Close $30 $30 $30 $30
Room 105:
Monday - Sunday: 4 Hours or Less $25 $25 $25 $25
8 am - 5 pm $40 $40 $40 $40
6 pm - Close $35 $35 $35 $35
Room 127:
Monday - Thursday: 4 Hours or Less $60 $60 $60 $60
8 am - 5 pm $110 $110 $110 $110
6 pm - Close $80 $80 $80 $80
Friday Rate: 8 am - Close $225 $225 $225 $225
Saturday Rate: 8 am - Close $450 $450 $450 $450
3. Kitchen Rental $20 $20 $20 $20
4. Sunday Surcharge
1-5 Consecutive Hours $60 $60 $60 $60
1-5 Hours Split, or over 5 Consecutive Hours $85 $85 $85 $85
5. Transfer/Cancellation, Set-up Change Fee $10 $10 $10
6. Alcohol Deposit (If alcohol is served) $50 $50 $50 $50
7. Catering Deposit $50 $50 $50 $50
8. Multi-media Projector Deposit $50 $50 $50 $50
9. Vendor or Exhibitors Tables $10 $10 $10 $10
10. Miscellaneous Charges
Copies (Per Copy) $.10* $.10* $.10*
Faxes ~ Local (Per Page) $2 $1 $1 $1
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~ Long Distance (First Page / Each Additional Page) $2 / $1 $2 / $1 $2 /$1
~ Trip Charge (For Food) $5 $10
Coffee Service (Per Cup) .50 cents .50 cents
*Per Section 111.61 of the Texas Administrative Code
INSTRUCTION FEES PER PERSON
1. Swim Lessons 25-Minute Lesson / 45-Minute Lesson* $40 $40 $35 / $45 $40 / $45
2. Stroke Clinic $45 $45 $45 $45
3. USTA Tennis League $90 $90 $90 $90
4. Tennis Lessons $50 $65 $65 $65
5. Water Fitness Pass ~ Fall, Spring, Summer Passes $80 / $60 $80 / $60 $80 / $60 $80 / $60
Winter Pass (Morning / Evening Only) $60 / $45 $60 / $45 $60 / $45
6. Instruction Transfer/Cancellation Fee $10 $10 $10 $10
* Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length.
LINCOLN CENTER
~ All rooms are subject to an after-hour charge of $20 per hour. The after-hour charge is based on any request to use facilities beyond
the Center’s normal operating hours.
~ Special Event fee includes the rental of the gym, Community Room, sound system, and 450 chairs.
1. School Year Membership Pass:
Youth (17 & Under) $10 $20 $20 $20
Low Income Eligible $5 $10 $10 $10
2. Summer Membership Pass
Resident – Brazos County $30 $50 $50 $50
Non-Resident $100 $100 $100
3. Late Pick-up Fee
1st Fifteen Minutes $5.00 $5.00
Each Additional Minute Thereafter $1.00 $1.00
4. Adult (18 & Over) Annual (12 Month) Membership Pass $15 $25 $40 $40
5. Non-Member Guest Pass Per Day (Youth or Adult) $1 $2 $2 $2
6. Gym Deposit Per Day (8 hour block) $250 $250 $250 $250
Half Court Rental Per Hour (4 hour maximum) $20 $20 $25 $25
Full Court Rental Per Hour (4 hour maximum) $25 $30 $35 $35
Gym Event $.30/Chair $.35/chair $.35/chair $.35/chair
All Day Usage (More than 4 hours) $175 $200 $225 $225
Concession Usage $20 $20 $20 $20
7. Game Room / Multi-purpose Room Rental Per Hour
(4 hour minimum)
$10/hour
$15/hour
$20/hour
$20/hour
Deposit $50 $75 $75 $75
8. Community Room Rental Per Hour (3 hour maximum) $20/hour $25/hour $25/hour $25/hour
Deposit $75 $100 $100 $100
Kitchen Fee $20 $20 $20 $20
9. Special Event Fee (Funerals, weddings, parties) $150 $150 $250 $250
10. Miscellaneous Charges
Copies (Per Copy) $.10 $.10* $.10* $.10*
Faxes ~ Local (Per Page) $2.00 $1.00 $1.00 $1.00
~ Long Distance (Per Page)
$2 First pg /
$1 Addt’l pgs
$2 First pg / $1
Addt’l pgs
$2 First pg / $1
Addt’l pgs
*Per Section 111.61 of the Texas Administrative Code
PAVILION RENTALS PER DAY
~ Deposits are refundable if the facility is left clean and damage-free, and keys are returned.
~ Deposits are refundable if reservation is cancelled seven (7) days prior to rental date.
~ ( ) – The parenthesis by each pavilion shows the limit of occupants that the pavilion can facilitate.
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1. Bee Creek (100) / Oaks (40) / W.A. Tarrow Park Pavilion (100)
Monday – Thursday $75 $75 $75 $75
Friday – Sunday & Holidays $100 $100 $100 $100
Deposit $100 $150 $150 $150
2. Central (200) / Southwood Pavilions (300)
Monday – Thursday $125 $125 $125 $125
Friday – Sunday, and Holidays $200 $200 $200 $200
Deposit $100 $150 $150 $150
3. John Crompton Park Pavilion (80)
Monday – Thursday $100 $100 $100 $100
Friday – Sunday, and Holidays $150 $150 $150 $150
Deposit $100 $150 $150 $150
4. American Pavilion in Veterans Park (500)
Monday – Thursday N/A $200 $200 $200
Friday – Sunday, and Holidays N/A $300 $300 $300
Deposit N/A $300 $300 $300
5. Pavilion Transfer/Cancellation Fee $10 $10 $10 $10
6. Dog Park Rentals –
(Steeplechase Park and University Park) Per day
$110
RACE EQUIPMENT RENTALS
1. Printing Stop Watch / Non-printing Stop Watch $10 / $5 $10 / $5 $10 / $5 $10 / $5
2. Cones (10) $10 $10 $10 $10
3. Bases, Poles, and Flagging (10) $10 $10 $10 $10
4. Big Time Clock $50 $50 $50 $50
5. Water Cooler / Ice Chest $5 / $5 $5 / $5 $5 / $5 $5 / $5
6. Tables $10 $10 $10 $10
7. Traffic Flags and Vests (10) $5 $5 $5 $5
8. Rental Package #1: Big time clock, 1 printing stopwatch, 10
cones, 10 bases/poles and flagging, 2 water coolers, 2
tables,10 traffic flags and vests.
$75
$75
$75
$75
9. Rental Package #2: Big time clock, 2 printing stopwatches, 30
cones, 20 bases/poles and flagging, 6 water coolers, 4 tables,
15 traffic flags and vests.
$100
$100
$100
$100
10. Rental Package #3: Big time clock, 4 printing stopwatches, 60
cones, 30 bases/poles and flagging, 12 water coolers, 6 tables,
20 traffic flags and vests.
$125
$125
$125
$125
SWIMMING POOLS
*Adamson passes are also valid at Southwood Hallaran and Thomas pools, excluding the CSISD Natatorium. All discount passes are priced for 25
swims.
1. General Admission Per Person (Ages 3 and up)
Hallaran/Thomas $2.50 $2.50 $2.50 $2.50
Natatorium $2 $2 $2 $2
Adamson $5 $5 $5 $5
2. Discount Pass – 25 Swims
Hallaran/Thomas $50 $50 $50 $50
Natatorium $40 $40 $40 $40
*Adamson $85 $85 $85 $85
3. Family Season Pass
Hallaran/Thomas Pass or Natatorium Pass $125 / $125 $125 / $125 $125 / $125 $125/$125
*Adamson $200 $200 $200 $200
4. Individual Season Pass
Hallaran/Thomas $60 $60 $60 $60
*Adamson $80 $80 $80 $80
5. Babysitter Season Pass
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Hallaran/Thomas $30 $30 $30 $40
*Adamson $40 $40 $40 $50
6. Special Day Care Fee @ Adamson Lagoon Per Child $2.75 $2.75 $2.75 $2.75
7. Pool Rentals (2 Hour Period. Limited weekend availability.)
Thomas/Hallaran: 25 people or fewer $100 $100 $100 $125
50 people or fewer $125 $125 $125 $150
51-76 people $175 $175 $175 $225
77-102 people $225 $225 $225 $300
Each hour after initial 2 hours $75 $75 $75 $100
Natatorium: 25 people or fewer $90 $90 $100 $100
50 people or fewer $100 $100 $125 $125
51-76 people $125 $125 $175 $175
77-102 people $150 $150 $225 $225
Each hour after initial 2 hours $75 $75 $75 $100
Adamson: 99 people or fewer $275 $275 $275 $300
199 or fewer $325 $325 $325 $350
299 or fewer $425 $425 $425 $425
300+ $525 $525 $525 $600
Each hour after initial 2 hours $125 $125 $125 $150
8. Pool Parties Per Person – (2 Hour Period)
General Party: Southwood and Thomas $5.00 $5.00 $5.00 $5.50
Adamson Lagoon $6.75 $7.00 $7.00 $7.50
Theme Party: Southwood and Thomas $6.00 $6.00 $6.00 $6.50
Adamson Lagoon $7.75 $8.00 $8.00 $8.50
Catered General Party: Southwood and Thomas $6.50 $6.50 $6.50 $7
Adamson Lagoon $8.75 $8.75 $8.75 $9.25
Catered Theme Party: Southwood and Thomas $7.25 $7.25 $7.25 $7.75
Adamson Lagoon $9.50 $9.50 $9.50 $10
Pavilion Party (Four-table limit): First table $15 $15 $20 $20
Additional tables (Max of 3) $5 $5 $10 $10
9. Junior Lifeguard Program Per Person Per Session $70 $70 $75 $75
10. Junior Lifeguard Level 2, Per Session $70 $70 $25 + Cert. Fees $25 + Cert. Fees
11. “Lifeguard for a Day”, Per Person for 1.0 Hour $2 No Cost No Cost
12. Other Pool Fees
Texas SuperGuard Competition Per Person $20 $20 $20 $20
Swim Diaper Fee Per Diaper $1 $1 $1 $1
Tube Rental Fee $1 $1 $1 $1
Deposit $2 $2 $2 $2
Locker Rental Fee $1 $1 $1 $1
Deposit $2 $2 $2 $2
Duck Derby (Sponsor a duck July 4th) Per Person $2 $2 $2 $2
Itzy Bitzy Tiny Cutie Bathing Beauty & Handsome
Boy Contest on July 4th, Per Person
$3
$3
$3
$3
“Schools Out Blow Out” at Adamson Lagoon $200 $200 $200 $200
Pool Trout Fish-out Per Person (Ages 3 and up) $3 $3 $3 $3
Over the 5-fish limit (Per fish) $1.50 $1.50 $1.50 $1.50
13. Educational Class Rental Per Hour $25 $25 $25 $25
14. Adamson Lagoon Summer Day Camp Use, Per Child NA $2 $2 $2
15. Natatorium Team Use Fee, Per Person, Per Season NA $10 $10 $10
TEEN CENTER (THE EXIT)
~ All rental rates are based on a party of 1-25 people. Additional fees are added per hour for over 25 attendees. Any rental expecting more
than 100 attendees must have prior Supervisor approval.
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~ Deposits are refundable if the facility is left clean and damage-free.
~ Fees are assessed for special events and field trips.
1. Annual Membership Pass $10 $20 $20 $20
2. Non-Member Fee Per Day $1 $2 $2 $2
3. Meeting Room Rental, Per Hour $15 $15 $15 $15
Deposit $50 $50 $50 $50
4. Dance/Game Room Rental. Per Hour $25 $25 $25 $30
Deposit $50 $50 $50 $50
5. Whole Facility Rental Per Hour (Excludes Computer Lab) $50 $50 $50 $75
Deposit $75 $75 $75 $75
6. Additional Attendance Fee Per Hour $10 $10
VENDOR PERMITS & COMMISSIONS
1. Vendor Permit $50 $50 $50 $50
2. Commissions: (Gross Sales minus Sales Tax)
Food & Drinks 10 - 15 %
Other Goods 10 - 15 %
Alcoholic Beverages 20 - 25 %
WOLF PEN CREEK AMPHITHEATER
~ A percentage of ticketing and fees for service personnel and vending charges will be added accordingly for amphitheater rentals.
~ A percentage of the gate will be negotiated for commercial events.
~ Non Commercial defined as: Non profit, student, civic or private.
~ Security deposits are based upon participants/attendees.
1. Amphitheater Rentals Per Day: Mon–Thur / Fri–Sun Mon-Thur / Fri-Sun
Private Rental $200 / $250 $250 $300 / $400 $300 / $400
Non Commercial ~ Benefit Rental $425 / $525 $600 $600 / $700 $600 / $700
Professional/Commercial Rentals $800 / $900 $1,000 $1,000 / $1,100 $1,000 / $1,100
2. Green Room Meetings Four Hours or Less
Non Commercial $75 / $100 $75 / $100
Commercial $100 / $150 $100 / $150
3. Green Room Meetings Up to Twelve Hours
Non Commercial $200 / $250 $200 / $250
Commercial $250 / $300 $250 / $300
4. Green Room Social Events ~ Four Hours or Less
Non Commercial $100 / $125 $100 / $125
Commercial $125 / $175 $125 / $175
5. Green Room Social Events ~ Up to Twelve Hours
Non Commercial $250 / $300 $250 / $300
Commercial $300 / $350 $300 / $350
6. Deposit for all Amphitheater or Green Room Rentals Varies - $100 - $600 Varies - $100 - $600
7. The Plaza at Wolf Pen Creek
Rental (Includes Pavilion and Restrooms) $100 / $150 $100 / $150
Deposit (Security, Damage, Clean-up) $100 $100
8. Other Non-typical Events Rate based on event Rate based on event
9. Discounts for Three or More Dates Reserved 15% 15%
10. Alcohol Surcharge for any Function $50 $50
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XTRA EDUCATION CLASSES
~ All Xtra Education class fees will be set according to the individual needs of each class. Based upon 100 % Cost Recovery.
YOUTH SPORTS PER CHILD
1. Basketball / Flag Football / Youth Volleyball / Girl's Softball $50 / $45
$55 / $50 $55 / $50 $55 / $50 $55
2. Challenger Sports (Basketball, Bowling, Soccer) $15 $15 $15 $15
3. Outside League Field Redevelopment Fee Per Child $10 $10 $10 $10
4. Swim Team $100 / $90 $100 / $90 $100 / $90 $100
5. Youth Sports Transfer/Cancellation Fee $10 $10 $10 $10
Cemetery Fees approved by Cemetery Advisory Committee ~ October 7, 2008
Cemetery Fees approved by City Council ~ October 23, 2008
All Other Fees approved by Parks and Recreation Advisory Board ~ October 20, 2008
All Other Fees approved by City Council ~
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November 24, 2008
Regular Agenda Item No. 11
FEMA Community Rating System (CRS) Application
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion Federal Emergency
Management Agency’s (FEMA) Community Rating System (CRS) program and consideration
for a Resolution to support the application to and implementation of the CRS Program.
Recommendation(s): Staff recommends approval of the Resolution.
Summary: Flood insurance is available to all citizens of College Station through the
National Flood Insurance Program (NFIP). Availability of this insurance is based on the City
having adopted the minimum standards for floodplain management set forth in 44 Code of
Federal Regulations 60.3.d.
A program within NFIP is the CRS. The CRS program recognizes cities that implement and
enforce flood protection above the minimum requirements and rewards these cities’ citizens
with the opportunity to purchase flood insurance at reduced rates. The amount of reduction
varies between 5-45% depending on the floodplain management activities of the city.
The City of College Station’s current floodplain management requirements do exceed FEMA
minimums, and by staff estimation should make the City eligible for acceptance into the
CRS program with an estimated 5-15% rate reduction. To join the program we must first
submit an application to the NFIP’s Insurance Services Office, Inc. If the application is
acceptable then a formal inspection of our records and practices will be reviewed by a team
from the NFIP. Based on their findings we will receive a participation rating and our citizens
will receive reduced insurance rates.
Budget & Financial Summary: N/A
Attachments:
1. Resolution
2. CRS Application (Complete Application available at the City Engineer’s Office)
217
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING THE APPLICATION TO AND THE IMPLEMENTATION OF
THE COMMUNITY RATING SYSTEM FOR THE CITY OF COLLEGE STATION TO
PROVIDE THE CITIZENS OF COLLEGE STATION THE OPPORTUNITY TO OBTAIN
FLOOD INSURANCE AT REDUCED RATES.
WHEREAS, the City Council of the City of College Station, Texas, has adopted Chapter 13
Flood Hazard Ordinance, in the City of College Station Code of Ordinances, in accordance with
the Federal Emergency Management Agenq C'FEMA" hereinafter) and Code of Federal
Regulation 44.60.3.d; and
WHEREAS, the U.S. Department of Homeland Security through the FEMA has established the
Community Rating System ("CRS" hereinafter) as defined in the Federal Insurance
Administration's FIA-15/2006 Manual which allows affected property owners to purchase flood
insurance at reduced rates; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City of College Station will prepare and submit a CRS Application to
FEMA.
PART 2: That the City Manager is authorized to execute any documents related to the CRS
program.
PART 3: That this resolution shall take effect immediately horn and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary MAYOR
city Attorney
218
November 24, 2008
Regular Agenda Item No. 12
Appointments to the Landmark Commission
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action and discussion on appointments to the
newly-created Landmark Commission.
Summary: On September 11, 2008, the City Council approved an amendment to the
Unified Development Ordinance that will enable historic preservation in College Station
through the creation of a Historic Preservation (HP) Overlay District. A Landmark
Commission was created through this amendment to provide expertise regarding historic
preservation as it relates to zoning and development. The Commission’s main duties will be
to survey and maintain an inventory of significant historical and cultural resources in College
Station, act in an advisory role in regards to the protection of historic resources, make
recommendations to the Planning and Zoning Commission regarding the application of the
HP Overlay, make recommendations to state and federal governments regarding national
historic recognition, make recommendations to Council regarding the use of donated funds
to promote the use of Historic Preservation Overlay districts, and act upon requests for
Certificates of Appropriateness and Certificates of Demolition.
Applications and a memo identifying the qualifications of applicants will be provided at the
meeting.
219
November 24, 2008
Regular Agenda Item No. 13
Member to Convention and Visitors Bureau
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding appointment to
the Brazos Valley Convention and Visitor Bureau.
This item is on the agenda for City Council to appoint one person to the Brazos Valley
Convention and Visitors Bureau.
Current member Steve Moore is the current appointee to the Board and his term expired.
The nominating committee of the Brazos Valley Convention and Visitor Bureau Board met
and recommend with the entire Board’s endorsement that the City of College Station
reappoint Steve Moore to a new term of two years, effective October 1, 2008 ending
September 30, 2010.
Mr. Moore has agreed to continue service.
No applications received for this position.
If Council desires, staff will advertise for the position and place this item on the December
11 agenda.
Attachments:
Membership list
Letter from CVB
220
B RYANICOLLEGE STATION
CONVINIl8N AN0 VISITORS RURCAU
July 22,2008
71 5 Univerrity Drive East
Collage Station, Texas 77840
Mr. Glenn Bmwn
City Managm
City of CoJlege Station
1 101 Texas Avenuc
College Station, Taas 77842
Dear Mr. Brow:
Pursuant to the Bylaws of the Bazos Valley Co.mention & Visitors Bureau, this IcZter is being
sent concerning the requirement of appointing a member to the Board of Djrcctors of the Brazos
Valley Convention &Visitors Bureau by tbe City of CoJleg Statiou. J have attac11e.d a cop of
Section 5.02, 5.03 and 5.04 of our Bylaws for your refwencc.
The tmn of onc ofthe City of College Station's cum appointees to our Board, Mr. Steve
Moore, will be expiring as of Septombcr 30,2008. The nominating committe of the Bras
Valley Convention Bt Visitor I3urea.w Board bas met and it is their recommendation, mendorsd by
rbe cnlirc Boa* that tbc City of Colle_ee Starion reappoint Steve Moore to a new term of 2 years,
kffeclve Octoba I, 2008 ending September 30,2010. nis is allowed for as stad in Section
5.03 (2) ofthe Bylaws.
Mr. Moore has xcpresmted the inter~sts of tbc City of College Sration, the towism indusby and
out organization with the bi&est dcp of integrity ad professionalism and has contibutcd
valuable guidance and governance cusuting for all thc continuecl growth of tbc industry and botb
the economic and socjal contributions it provides to thc city.
It is our bo,pe dlat this request is met favorablywith you and tf?~ Ciry Coul~oil and wc look
forwatd to your positive ryly. In tbe meantime, should you have any questions or tcquire my
additional infoormation, please do not hesitate to contact me.
Rcs.p~ctfilJy yours,
C. Scott Shafer
Nomjnating Committee Chair
Brazos Vallcy Convention & Visitots Bureau
cc: Board of Directors
221
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Board Agendas:
November 2007
3anuaw 2008
lulv 2008
Se~tember 2008
November 2008
Steve Moore
Chair
10/01/2006 - 10/30/2008
Kay Conlee
Treasurer
10/01/2006 - 10/30/2008
David Ruesink
Executive Board
10/01/2007 - 10/30/2009
Hunter Goodwill
Executive Board
30/01/2006 - 10/30/2008
C. Scott Shafer
Executive Board
10/01/2007 - 10/30/2009
Steve Wiley
Board Member
10/01/2007 - 10/30/2009
John Welsh
Board Member
10/01/2006 - 10/30/2008
Kevin Hurley
Board Member
10/01/2006 - 10/30/2008
Guadalupe Reyes, Jr.
Board IMember
10/01/2007 - 10/30/2009
Dr. Roman Popadiuk
Board Member
10/01/2007 - 10/30/2009
Christopher Lampo
Board Member
10/01/2006 - 10/30/2008
Bobby Bisor
Ex-Officio
David Waikins
Ex-Officio
David Gwin
Ex-Officio
Hayden Migl
CATEGORIES
CVB Staff
CVB Services
CVB Board
222
November 24, 2008
Regular Agenda Item No. 14
Appointment to Twin City Endowment
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding the City’s
appointment to the Twin City Endowment.
Recommendation(s): Staff recommends the appointment of Wayne Rife to serve as the
City’s representative on the Twin City Endowment.
Summary: College Station is currently represented on the Twin City Endowment Board by
Harry Green. The Mayor received verbal resignation from Mr. Green notifying the City that
as of December 31, 2008, his term will expire.
Mr. Green has served in this position for the last six years and he is not seeking
reappointment.
Wayne Rife has expressed interest in serving on this Board and his application is attached.
Board members’ have three year terms and typically the City had not solicited applications
community wide for this appointment.
Twin City Endowment is requesting the City provide the name of the City’s appointment for
the 2009 - 2012 term as soon as possible.
Budget & Financial Summary: No direct impact on the City, however, budget oversight is
an important activity of the board members.
Attachments:
1. Wayne Rife’s Application (this will be provided to Council prior to the meeting)
223