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HomeMy WebLinkAbout08/22/2019 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers6:00 PMThursday, August 22, 2019 1. Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request. Hear Visitors: During this time a citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the Office of the City Secretary. This form should be completed and returned to the office by 5:30 PM on the day of the Council meeting. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Each speaker's remarks are limited to three minutes. A group of five or more may register at the Office of the City Secretary by 5:30 PM on the day of the meeting and designate an individual to speak for 10 minutes on their behalf. All signers must be in attendance when the speaker is introduced and may not speak individually during Hear Visitors. A speaker who wishes to include computer-based information while addressing the Council must provide the electronic file to the City Secretary by noon on the day of the Council meeting. During presentations a series of timer lights will change from green to yellow and an alarm will sound after two and one-half or nine and one-half minutes to signal thirty seconds remaining. When time expires the timer light will change to red, the final alarm will sound, and the speaker must conclude the remarks. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2.Presentation, discussion, and possible action on 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. Presentation, discussion, and possible action on minutes for: • August 8, 2019 Workshop • August 8, 2019 Regular • August 12, 2019 Budget 19-04382a. Page 1 College Station, TX Printed on 8/16/2019 August 22, 2019City Council Regular Meeting Agenda - Final • August 13, 2019 Budget • August 14, 2019 Budget Sponsors:Smith WKSHP080819 DRAFT Minutes RM080819 DRAFT Minutes BUDWKSHP081219 DRAFT Minutes Updated BUDWKSHP081319 DRAFT Minutes Updated BUDWKSHP081419 DRAFT Minutes Updated Attachments: Presentation, discussion, and possible action on a contract with Invoke, LLC not to exceed $888,946.48 for Microsoft products and services for the Microsoft Office 365 project implementation, training, and software licenses for three years. 19-03932b. Sponsors:Menon Invoke Contract Office 365Attachments: Presentation, discussion, and possible action regarding awarding a contract for Annual Padmount Equipment Repair and Restoration to Utility Restoration Services Inc. in the amount of $321,644.66. 19-04082c. Sponsors:Crabb 19-069 Tabulation sheetAttachments: Presentation, discussion, and possible action regarding the award of a contract to TransGard, LLC for the purchase, delivery and installation of animal control fencing at five (5) electric substations for a not to exceed amount of $256,750. 19-04092d. Sponsors:Crabb 19300674 Sole Source approvalAttachments: Presentation, discussion, and possible action regarding an ordinance amendment to Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,” Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to Gravediggers License; providing a severability clause; declaring a penalty; and providing an effective date. 19-04242e. Sponsors:Schmitz Grave Digging Ord. Amend _LW_2.docxAttachments: Presentation, discussion, and possible action to ratify and approve the renewal of the letter agreement for Professional Auditing Services with BKD, LLP for an amount not to exceed $89,390. 19-04272f.. Page 2 College Station, TX Printed on 8/16/2019 August 22, 2019City Council Regular Meeting Agenda - Final Sponsors:Leonard Contract 18300669 Prof Auditing Services Ren1Attachments: Presentation, discussion, and possible action regarding approval of the renewal of the City ’s annual blanket orders for electric meters and sockets with estimated annual expenditures of: Anixter Inc ., $37,952; Priester Mell & Nicholson, $164,363 and for Texas Electric Cooperative for $22,230. The total recommended renewal is for an amount not to exceed $224,545. 19-04372g. Sponsors:Leonard 18300687R1 PMN Anixter TEC ltrsAttachments: Presentation, discussion, and possible action regarding a Resolution in support of the 2020 U.S. Census. 19-04482h. Sponsors:Chafin 2020 Census ResolutionAttachments: Regular Agenda Individuals who wish to address the City Council on an item posted as a Public Hearing shall register with the Office of the City Secretary. Registration forms are available in the Office of the City Secretary. This form should be completed and returned to the office by 5:30 PM on the day of the Council meeting. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Each speaker's remarks are limited to three minutes. A group of five or more may register at the Office of the City Secretary by 5:30 PM on the day of the meeting and designate an individual to speak for 10 minutes on their behalf. All signers must be in attendance when the speaker is introduced and may not speak individually during that Public Hearing. A speaker who wishes to include computer -based information while addressing the Council must provide the electronic file to the City Secretary by noon on the day of the Council meeting. During presentations a series of timer lights will change from green to yellow and an alarm will sound after two and one -half or nine and one -half minutes to signal thirty seconds remaining. When time expires the timer light will change to red, the final alarm will sound, and the speaker must conclude the remarks. If Council needs additional information from the general public after the Public Hearing is closed some limited comments may be allowed at the discretion of the Mayor. Comments should not personally attack other speakers, Council or staff. Public Hearing, presentation, discussion, and possible action on the City of College Station 2020 advertised ad valorem tax rate of $0.534618 per $100 valuation resulting in an increase in tax revenues . Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. 19-04461. Page 3 College Station, TX Printed on 8/16/2019 August 22, 2019City Council Regular Meeting Agenda - Final Sponsors:Leonard Public Hearing, presentation, discussion, and possible action regarding approval of a Strategic Partnership Agreement between the City and Brazos County Municipal Utility District No.2. 19-04192. Sponsors:Prochazka MUD 2 SPA - FinalAttachments: Presentation, discussion, and possible action regarding approval of a contract granting Community Development Partnership Grant (CDBG) funds to Elder-Aid, Inc. in the amount of $463,026 for the purchase and rehabilitation costs related to the creation of four affordable rental units located at 3312-3314 Normand and 3337-3339 Longleaf. 19-04323. Sponsors:Eller CDBG Funding Ageement 2019 Elder-Aid Location Map Attachments: 4.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated 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. 5. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on August 16, 2019 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Page 4 College Station, TX Printed on 8/16/2019 August 22, 2019City Council Regular Meeting Agenda - Final Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 5 College Station, TX Printed on 8/16/2019 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0438 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:8/12/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action on minutes for: • August 8, 2019 Workshop • August 8, 2019 Regular • August 12, 2019 Budget • August 13, 2019 Budget • August 14, 2019 Budget Sponsors:Tanya Smith Indexes: Code sections: Attachments:WKSHP080819 DRAFT Minutes RM080819 DRAFT Minutes BUDWKSHP081219 DRAFT Minutes Updated BUDWKSHP081319 DRAFT Minutes Updated BUDWKSHP081419 DRAFT Minutes Updated Action ByDate Action ResultVer. Presentation, discussion, and possible action on minutes for: • August 8, 2019 Workshop • August 8, 2019 Regular • August 12, 2019 Budget • August 13, 2019 Budget • August 14, 2019 Budget Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary:N/A Budget & Financial Summary: None Attachments: • August 8, 2019 Workshop • August 8, 2019 Regular • August 12, 2019 Budget • August 13, 2019 Budget College Station, TX Printed on 8/16/2019Page 1 of 2 powered by Legistar™ File #:19-0438,Version:1 • August 14, 2019 Budget College Station, TX Printed on 8/16/2019Page 2 of 2 powered by Legistar™ WKSHP080819 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION AUGUST 8, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Elianor Vessali John Nichols Dennis Maloney City Staff: Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 4:01 p.m. on Thursday, August 8, 2019 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on Thursday, August 8, 2019 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and  McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas  City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas  Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas WKSHP080819 Minutes Page 2 B. Consultation with attorney to receive legal advice; to wit:  Legal issues related to a contract associated with the Enterprise Resource Planning (ERP) System. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Council Self-Evaluation  City Manager Executive Session recessed at 5:00 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items 2c, 2e, and 2g, were pulled from Consent for clarification. (2c): Sindhu Menon, Information Technologies Chief Information Officer, provided a brief overview regarding the currently used two-way radio models being at the end of useful life and nearing end of support. The units need to be replaced with current and supported replacements to ensure communication in the field among department personnel. (2e): Debbie Eller, Community Services Director, provided a brief overview regarding the proposed plans and budget that were developed using input received from a series of public hearings, program committee meetings, and citizen input. Since the last time this item was before council, there were 4 meeting attendees and 2 emails with positive feedback on the proposed plans. (2g): Emily Fisher, Capital Projects Manager, provided a brief overview regarding the amendment to the contract that includes an increased design fee for the addition of square footage to the new city hall. During schematic design of the new city hall, it was determined that some departments not included in the original scope of the project should be incorporated in the new building. This increases the design fee by $357,000, and the amendment also revises other sections of the contract with Kirksey, including the schedule and total project budget. 5. Presentation, discussion, and possible action regarding training and educational reimbursement for city employees. Barbara Moore, City Manager’s Office, stated that the city encourages employees to pursue training, education, and certification for fulfillment of their department and the city’s needs. There are various training and educational opportunities for employees that require reimbursement. She presented a brief look at the current training and education opportunities available to employees and the reimbursement policies for those programs, which includes police and fire academies. Reimbursement Programs:  Currently two programs require reimbursements if employee leaves within 24 months of receiving their education/training: WKSHP080819 Minutes Page 3  Police Academy: If employee leaves within 24 months of hire, which includes academy training, reimbursement is required.  Education Reimbursement: If employee leaves within 24 months of receiving education reimbursement, then last semester reimbursement is required. Education Reimbursement Program Goals:  To provide educational assistance to eligible employees for qualified courses that promote professional and personal growth and enhances the city’s workforce capabilities.  The courses taken must be related to the employee’s current position, or  Directly related to a degree plan that upon completion, may increase the employee’s advancement potential within the city. Work in Progress/Under Consideration:  Consideration of additional training and certification programs to require reimbursement based on “time in job” expectations.  Continuing to enhance our internal training offerings to reduce some external training needs.  Reviewing our current education reimbursement program for potential changes.  Taking a holistic view of our current training/certifications/development opportunities and external training offerings to balance required certifications, skills, upskills, retention and promotion needs, while being fiscally responsible. 6. Presentation, discussion, and possible action regarding an overview of the home sharing rental model, the primary providers in the online marketplace, and impacts on municipalities. Brian Piscacek, City Manager’s Office, presented an overview on Voluntary Collection Agreements (VCAs) between various cities; including those in Texas with “Airbnb,” a primary provider of online short-term rental bookings. He also explained home sharing rental model and its effect on cities, including impacts locally on tax collection, regulation, and enforcement. Home Sharing Rental Model:  Primary providers  Airbnb  Founded in 2008, operates in nearly 100,000 cities across 191 countries; 6+ million places to stay  Maintains “Voluntary Collection Agreements” (VCAs) with 43 US states and approximately 370 local entities  Expedia Group: owner of Home Away, VRBO, Vacation Rentals, and others Collection of Hotel Occupancy Taxes:  State of Texas:  Airbnb VCA, 5/1/2017  Home Away agreement, 4/1/2019  Cities in Texas:  Plano, 5/1/2019  Houston, 7/1/2019 WKSHP080819 Minutes Page 4 Addressing the Question of Short-Term Rentals:  Opportunities  Access this growing market for untapped revenue stream for additional HOT  Create a more level playing field from a HOT perspective  Allow for agreements with Airbnb and Home Away, which would collect and remit HOT taxes to City  Concerns about major commercial STR enterprises in College Station likely not as significant as other cities  Review existing UDO  Challenges  Cost/benefit of revenue collected: actual dollars vs. requirements of effective enforcement  Perceived favoritism to certain lodging operators  Indirect effects of intermittent stays  Limited information from providers regarding stays (e.g., Airbnb)  Impact on affordable housing Staff’s recommendation is to move forward with research and benchmarking; maintain current ordinances and enforcement; review UDO, with 2 public hearings, receive P&Z and Council input; and consideration of agreements with home sharing providers. Council directed staff to move forward with recommendations as presented. 7. Council Calendar Council reviewed the calendar. 8. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Architectural Advisory Committee, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, FBT/Texas Aggies Go to War, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Eco nomic Development, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Walk with the Mayor, YMCA, Youth Advisory Council, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Nichols reported on Chamber of Commerce Legislative Affairs. WKSHP080819 Minutes Page 5 Councilmember Brick reported on the Arts Council. 9. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 6:29 p.m. on Thursday, August 8, 2019. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary RM0080819 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION AUGUST 8, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Elianor Vessali John Nichols Dennis Maloney City Staff: Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 6:38 p.m. on Thursday, August 8, 2019 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Hear Visitors Comments Elianor Vessali, College Station, came before Council to honor the service and sacrifice of Army Capt. James A. Funkhouser. Marci Corry, College Station, came before Council regarding distracted driving in College Station. She is with the Safe-to-Save app which rewards drivers who do not use their phone while operating a vehicle. It is her belief that College Station made a positive difference when we adopted the hands free ordinance and would like to see it reinstated. Les Fiechtner, College Station, came before Council regarding another citizen’s request to reduce the speed limit on Barron Road from 40 mph, and he is requesting Council to consider reinstating the speed limit of 45 mph. CONSENT AGENDA RM0080819 Minutes Page 2 2a. Presentation, possible action, and discussion of minutes for:  July 25, 2019 Workshop Meeting  July 25, 2019 Regular Meeting 2b. Presentation, discussion, and possible action regarding approval of the Fiscal Year 2019 funding in the amount of $1,103,433 to the Phase II Systems dba Public Agency Retirement Services (PARS) OPEB Trust. 2c. Presentation, discussion, and possible action on a purchase order purchasing two-way mobile radios and portable radio replacements to Motorola Solutions in the amount of $743,417.97. 2d. Presentation, discussion, and possible action for an annual contract with Bound Tree Medical, L.L.C. for EMS supplies not to exceed $120,000. 2e. Presentation, discussion, and possible action requesting approval on Resolution No. 08-08- 19-2e of the proposed FY 2020 Community Development Budget and PY 2019 Action Plan. 2f. Presentation, discussion, and possible action regarding approval of the renewal of the City’s annual copy and print services blanket orders with estimated annual expenditures of: Alphagraphics (formerly Tops Printing) $80,000; Copy Corner $40,000. The total recommended renewal is for an amount not to exceed $120,000. 2g. Presentation, discussion, and possible action regarding Amendment No. 1 to the Professional Services Contract with Kirksey Architects, Inc. for design and construction administration services for the new city hall project. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019- 4113 amending Appendix “A,” “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 from GS General Suburban to MF Multi-Family for approximately 0.9 acres being a portion of Lake View Acres Subdivision, Lot 5, generally located at 2346 Harvey Mitchell Parkway South. Alyssa Halle-Schramm, Planning and Development, stated that the applicant is requesting to rezone the subject property from GS General Suburban to MF Multi-Family. The subject property is bounded on the north by Harvey Mitchell Parkway S. (FM2818) and on the east, south, and west by the MF Multi-Family portion of the Bertrand Subdivision. It is the applicant’s intent to incorporate the subject property into the development plans for the Bertrand Subdivision. The purpose of this rezoning request is to align the subject property with the surrounding MF Multi-Family zoning. RM0080819 Minutes Page 3 Ms. Halle-Schramm explained that the Traffic Impact Analysis (TIA) from the adjacent Bertrand Subdivision was updated with this rezoning request to incorporate the subject property into the larger development. Harvey Mitchell Parkway S. (FM2818) is a TXDOT road and permits will be required for future driveway access. TXDOT has requested a dedicated right-turn-lane into the Bertrand Subdivision, which transverses the subject property. The details of this driveway access and the associated permits will be finalized during the site planning p rocess. Separately from this rezoning request, the larger Bertrand Subdivision includes the initial extension of Dartmouth Street across Harvey Mitchell Parkway S. that will eventually extend to Texas Avenue to align with Brothers Boulevard. The Planning and Zoning Commission considered this item on August 1, 2019 and recommended approval. Staff also recommends approval. At approximately 7:01 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:01 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2019- 4113, amending Appendix “A,” “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 from GS General Suburban to MF Multi-Family for approximately 0.9 acres being a portion of Lake View Acres Subdivision, Lot 5, generally located at 2346 Harvey Mitchell Parkway South. The motion carried unanimously. 2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-2014 amending Appendix "A," “Unified Development Ordinance,” Article 9, “Nonconformities,” Section 9.4, “Nonconforming Lots of Record,” adding Subsection F, “Lots Made Nonconforming by Annexation.” Alyssa Halle-Schramm, Planning and Development, stated that the Planning and Development staff recently received multiple property owner inquiries about replatting existing lots that were made nonconforming by the zoning regulations applied at the time they were annexed into the City limits. These property owners were unable to meet full-compliance with the dimensional standards of their current zoning regulations but desired to replat in a way that would make their property come closer to compliance than their current situation. Currently, it is not clearly stated in the Unified Development Ordinance that this type of replat is allowed. Therefore, staff is initiating a new item to explicitly state that replatting existing lots and platted or partially-platted building plots made nonconforming through annexation are allowed to replat, provided that the resulting replat brings the property closer to compliance with current zoning district standards. The Planning and Zoning Commission heard this item at their July 18, 2019 meeting and voted 4 -0 to recommend approval of the amendment. Staff recommends approval. At approximately 7:06 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:06 p.m. RM0080819 Minutes Page 4 MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2019- 4114, amending Appendix "A," “Unified Development Ordinance,” Article 9, “Nonconformities,” Section 9.4, “Nonconforming Lots of Record,” adding Subsection F, “Lots Made Nonconforming by Annexation.” The motion carried unanimously. 3. Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Nichols requested a presentation on the feasibility and impact of reinstating a hands free ordinance. Councilmember Maloney requested a future agenda item or report from the City Manager exploring the need for contracting with an outside firm to develop a marketing plan specific to the needs and strengths of College Station. 4. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:14 p.m. on Thursday, August 8, 2019. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary WKSHP081219 Minutes Page 1 MINUTES OF THE CITY COUNCIL BUDGET WORKSHOP CITY OF COLLEGE STATION AUGUST 12, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Elianor Vessali John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Mary Ellen Leonard, Finance Director Carla Robinson, City Attorney Mary Ann Powell, Deputy City Attorney Tanya Smith, City Secretary 1. Council and CMO budget lunch. 2. Call to Order and Announce a Quorum is Present With a quorum present, the Budget Workshop of the College Station City Council was called to order by Mayor Karl Mooney at 12:30 p.m. on Monday, August 12, 2019 in the CSU Meeting/Training Facility, 1603 Graham Road, College Station, Texas 77842. 3. Presentation, possible action, and discussion on the FY 2019-2020 Proposed Budget. Jeff Kersten, Assistant City Manager and Mary Ellen Leonard, Finance Director, provided a review of the proposed FY19-20 budget and citywide budget issues. The proposed FY20 budget is $341 million, this is $19.7 million below last year’s due to the timing of capital project appropriations. WKSHP081219 Minutes Page 2 Public Hearing for the Budget to be held on Thursday, September 12, 2019 at 6:00 pm. Key decision points include public safety, maintenance needs, capital project planning and funding, compensation and benefits, wastewater rate increase, service level increases to address growth and maintenance needs; and the proposed budget recommends a tax increase of 2.8777 cents per $100 of assessed valuation. The budget and tax rate are scheduled to be adopted September 26th. The FY20 Budget makes provisions a 1% increase over the FY19 budget as the city will not make the FY19 budget by almost $600,000. The FY21-FY24 Forecasts include increasing the sales tax year over year by 1.75% in FY21 and FY22 and by 2% in the remainder of the forecast. Current estimate is that there will be a slight increase in fund balance when the existing year closes. Jeff Kersten, Assistant City Manager, presented Council an overview of the continued population growth in the city. Growth in both the resident population and the student population needs to be addressed and is a significant factor in budget request. Between 2010 and 2019 the population of the city, as determined by Planning, has grown 30.58%, and has been forecast to continue to grow by 2.5% annually in FY20 thru FY24. He stated that the city also has to meet the needs of a growing student population as they use the roads, parks and of course need to be safe. Overall, the student population has grown 33.5% from 2008 to 2018 (the last enrollment statistics from TAMU); and enrollment statistics do not include the impact to College Station of RELLIS opening last Fall in Bryan. There are no budget assumptions related to student impact over the general population growth provided by planning. Collectively, the management of the City recommends that the tax rate be increased to the rollback rate to strategically address the funding for existing commitments as well as the known needs of the future. In FY20, sales tax will comprise 34.5% of the budget and Ad Valorem Tax at 35.3%. That means that there will be a fundamental shift in the primary revenue source for funding the majority of services in the City, away from sales tax. It was recommended that approximately one third of revenue generated this year be held in the fund balance to provide for those known needs of the future. Therefore, the proposed budget recommends a tax increase of 2.8777 cents per $100 of assessed valuation. The proposed tax rate is 53.4618 cents per $100 assessed valuation the Maintenance and Operations rate be 31.3174 cents per $100 assessed valuation; and the Debt Service rate be 22.1444 cents per $100 assessed valuation. GENERAL FUND EXPENDITURE OVERVIEW Mary Ellen Leonard, Finance Director, stated that the percentage of expenditures in the General Fund has remained relatively constant since 2011, decreasing .7% to the current percentage of 73.5%, the number of employees per 1000 people in the City has decreased significantly from 9.68 people in 2011 to 8.36 people in 2019. Over the last decade, a significant amount of expenditures related to Public Safety have been added to deal with the population growth. In 2009 Police and Fire made up 35.3% of the total amount spent in the General Fund and in 2019 Police and Fire will make up 51.1% of General Fund Expenditures. Capitalization of costs related to construction of assets in Public Works and reductions in General Government and Parks have contributed to the switch. The City will continue to look for efficiencies in all departments to focus expenditures on the areas most needed by the community as a whole. WKSHP081219 Minutes Page 3 Mrs. Leonard, explained that to continue to provide the service that is expected by the community, 18.5 Full Time Employees (FTE’s) are planned to be added in the FY20 Budget; however, 11 of those positions are being provided by the elimination of the jail in the new police facility. Of the remaining 7.5 FTE’s 6 of those positions will only be hired if a SAFR grant is awarded to the Fire Department. We will not know about the award of the SAFR grant until mid to late August. Excluding Public Safety and City Managers, city wages have lagged behind the national average by 4.8%. The National Average Wage Index is prepared by the Social Security Administration and provides insight into the direction of wage trends and for FY20, the budget includes an average of 2% scale movement for non-public safety, 1.5% for Merit Pool for non-public safety and 2.0% step increase for public safety employees. It imperative that the compensation plan work done in prior year continue in order to attract and retain well qualified employees and to close the gap between the national averages. Source Level Adjustments (SLAs) Jeff Kersten, Assistant City Manager, provided department summaries, along with Service Level Adjustments (SLAs) and proposed projects:  Police SLAs: Five patrol and two vehicles based on staffing study results indicated the need for twenty-three (23) additional sworn officers (20 patrol officers, (1) training officer and (2) investigators); five assistants will be added. The study indicated (3) additional civilian police assistants were needed, with the elimination of the jail, the agreement Council signed with Brazos County requires some additional recurring funds in FY20. The Service Level Adjustment total is $1,082,518.  Fire SLAs: Additional personnel are needed for Fire Station #7. However, the hiring is contingent upon the award of a SAFER Grant which would reimburse 75% of the cost of employment in year one and two and 35% in the third year. Also, the City is responsible for 50% of the maintenance costs at Station 4, Easterwood Airport, for an additional $18,508. The Service Level Adjustment total is $514,283 expenses and $334,331 revenue.  Public Works SLAs: $582,898 for Attenuator Truck for safety, Corrective Maintenance Building Funds, APWA Reaccreditation, and Street Signs Plotter.  Parks and Recreation SLAs: $535,308 for staffing and equipment needed for maintenance of Southeast Park, which is scheduled to open in late summer FY20. This new facility will be used to host numerous tourism events; therefore, the expenses will be split 50% to the General Fund and 50% to the HOT Fund.  Economic Development SLAs: $310,900 in service level adjustments for continuing to enhance the attraction of business to the City, cash assistance, and the addition of an Economic Development Coordinator.  Information Technology SLAs: $140,000 for a Security Operations Center (SOC) and staff augmentation.  Fiscal Services SLAs: $193,000 for Software Implementation Assistance and server as Municipal Court’s current software is no longer sold or supported by the vendor. At 2:34 p.m., the Mayor recessed the Budget Workshop. WKSHP081219 Minutes Page 4 The Budget Workshop reconvened at 2:48 p.m. GENERAL FUND REVENUE OVERVIEW Mary Ellen Leonard, Finance Director, presented Council an overview of the General Fund Summary.  Ad Valorem Taxes and Sales taxes make up 68.83% of the general fund.  Second largest revenue sources is from the City’s “owned businesses” of the Electric, Water, Wastewater, Drainage, Solid Waste, and Northgate Parking, which the City gets approximately 8% return on the revenue generated.  Other Taxes of 3.54% were the Franchise fees that the state eliminated for next year. Last year, the Other amount was 4.03%.  Fund Balance is the “equity” component of the government. It’s the City’s safety net for a downturn and shortfalls.  Bond Rating agencies desire 25% of expenses balances to receive the lowest interest rates.  FY20 Budget proposes formally moving the fund balance requirement from 15% to 18%.  Despite the surplus budgeted for FY20, the fund balance is forecasted to drop next year and continue to be below the 25% desired.  Fund Balance could decreases even faster and will dip below the current 15% within 5 years unless significant cuts in service are made.  Over 50% of our expenditures are in Public Safety and in the Property Tax Cap legislation, cuts cannot be made to Public Safety.  It is fiscal policy to continue with conservative revenue estimates and includes property value and tax rate increases. 4. Presentation, possible action and discussion on calling public hearing on the City of College Station FY 2019-2020 Proposed Budget for Thursday, September 12, 2019, 6:00 PM in the City Hall Council Chambers. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, calling public hearing on the City of College Station FY 2019-2020 Proposed Budget for Thursday, September 12, 2019, 6:00 PM in the City Hall Council Chambers. The motion carried unanimously. 5. Presentation, possible action and discussion on the 2019-2020 ad valorem tax rate; and calling two public hearings on a proposed ad valorem tax rate for FY 2019-2020. Jeff Kersten, Assistant City Manager, stated that the proposed tax rate is 53.4618 cents per $100 assessed valuation the Maintenance and Operations rate be 31.3174 cents per $100 assessed valuation; and the Debt Service rate be 22.1444 cents per $100 assessed valuation. If we move forward with proposed tax rate the two public hearings will be held on August 22nd at 6:00 p.m. September 13th at 6:00 p.m., and possible adoption of proposed tax rate on September 27th at 6:00 p.m., in the Council Chambers at City Hall. Each cent on the tax rate generates approximately $820,000; and as a reminder the Effective Tax Rate is the rate that will raise the same revenues WKSHP081219 Minutes Page 5 on the same properties as last year and the Rollback Tax Rate is the highest rate that can be adopted before citizens can petition to lower the tax rate to the rollback rate. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to hold two public hearings on the tax rate of 53.4618 cents per $100 assessed valuation the Maintenance and Operations rate be 31.3174 cents per $100 assessed valuation; and the Debt Service rate be 22.1444 cents per $100 assessed valuation on August 22nd at 6:00 p.m. September 12th at 6:00 p.m., and possible adoption of proposed tax rate on September 26th at 6:00 p.m., in the Council Chambers at City Hall. The motion carried unanimously. 6. Executive Session No Executive Session was held. 7. Take action, if any, on Executive Session, No action was required from Executive Session. 8. Adjournment MOTION: There being no further business, Mayor Mooney adjourned the budget workshop of the College Station City Council at 3:31 p.m. on Monday, August 12, 2019. ________________________ Karl Mooney, Mayor ATTEST: ________________________ Tanya Smith, City Secretary At _________ p.m., the Mayor recessed the Budget Workshop. The Budget Workshop reconvened at _________ p.m. WKSHP081319 Minutes Page 1 MINUTES OF THE CITY COUNCIL BUDGET WORKSHOP CITY OF COLLEGE STATION AUGUST 13, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Elianor Vessali John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Mary Ellen Leonard, Finance Director Carla Robinson, City Attorney Mary Ann Powell, Deputy City Attorney Ian Whittenton, Deputy City Secretary 1. Council and CMO budget lunch. 2. Call to Order and Announce a Quorum is Present With a quorum present, the Budget Workshop of the College Station City Council was called to order by Mayor Karl Mooney at 12:30 p.m. on Tuesday, August 13, 2019 in the CSU Meeting/Training Facility, 1603 Graham Road, College Station, Texas 77842. 3. Presentation, possible action, and discussion on the FY 2019-2020 Proposed Budget. Mary Ellen Leonard, Finance Director, continued with the review of the proposed FY19-20 budget and citywide budget issues. ENTERPRISE FUNDS WKSHP081319 Minutes Page 2 Jeff Kersten, Assistant City Manager, provided Enterprise funds summaries, along with Service Level Adjustments (SLAs) and proposed projects: The Electric Fund: FY19 Electric Fund revenue is estimated to be $108,213,545 million, and no rate increase is proposed of the Electric Fund in FY20. Working Capital Uses forecasted for the next five year include utilizing the fund balance for planned capital projects, exceeding $6 million by FY 24. Service Level Adjustments include a Relay Foreman and Vehicle for $165,151; Electric Project Coordinator/Designer for $91,947; AMI Metering O&M Budget for $22,750; Asset Management System for $110,000; and a Comprehensive Transmission Cost of Service (TCOS) Supply for $100,000. The Water Fund: Earlier this year Fiscal and Water conducted a joint workshop related to the current status of the fund and explained the need for a 15% rate increase in the Water Fund. The Water Fund is currently projected to be below the required 15% fund balance in FY19, and without the planned 15% rate increase, the decline is projected to continue. The planned rate increase was 9%, but the proposed increase is 15%. There is only one planned SLA due to the revenues of the fund related to water rate restructuring review concurrent with Wastewater in the amount of $75,000. The Wastewater Fund: Revenues are consistent with budget with no rate increase proposed for FY20, but rate increases of 6% are currently planned in FY21 and FY23. However, those will be dependent upon the results of the Wastewater rate restructuring review concurrent with Water. Service level adjustments include Wastewater rate restructuring concurrent with Water for $75,000; and Collection flow monitoring equipment for $42,000. The Sanitation Fund: Maintaining its revenue as rates were indexed to the CPI-U in FY19 to keep pace with inflation. The fund is requesting 3 SLAs for Street sweeper and Operator for $337,473 reoccurring with $263,000 one time; Safe Driver Training to be developed for $25,000; Recycling Contamination Campaign for $10,000. The Drainage Utility Fund: No rate change is proposed. There are no Service Level Adjustments. The Northgate Parking Fund is maintaining its revenue. The Garage bond debt should be paid off in FY20 and recommendations are expected from the study commissioned in FY19 related to the future of the Northgate District next year as well. Service level adjustments include temporary closure of Boyett for $85,312; and Surveillance camera system maintenance for $43,800. Mary Ellen Leonard, stated that the proposed tax rate is 53.4618 cents per $100 assessed valuation the Maintenance and Operations rate be 31.3174 cents per $100 assessed valuation; and the Debt Service rate be 22.1444 cents per $100 assessed valuation. If we move forward with proposed tax rate the two public hearings will be held on September 5th at 7:00 p.m. September 13th at 6:00 p.m., and possible adoption of proposed tax rate on September 27th at 6:00 p.m., in the Council Chambers at City Hall. Each cent on the tax rate generates approximately $820,000; and as a reminder the Effective Tax Rate is the rate that will raise the same revenues on the same properties as last year WKSHP081319 Minutes Page 3 and the Rollback Tax Rate is the highest rate that can be adopted before citizens can petition to lower the tax rate to the rollback rate. Mayor Mooney recessed the meeting into Executive Session, Item 5. GENERAL GOVERNMENT CAPITAL PROJECTS Mary Ellen Leonard, Finance Director, stated that this year, the amount requested in Capital Projects is 21% of the overall request, or $71 million. This amount is about $19 million below requests for the last several years due to the significance of projects which are still underway. Currently, the City has three major projects, (Police Station, City Hall and Lick Creek Wastewater Treatment Plant) all over $35 million apiece and approved in prior years. Prior Councils have requested that all capital capacity be scheduled through FY24; therefore, limiting the ability for new projects to be added to until capacity becomes available in FY25. Streets and Transportation: Project currently total $170.5 million in projects underway in some phase. Major projects seeking additional appropriations this year include: Jones Butler Extension and Roundabout, Luther Extension from FM 2818 to North Dowling, Rock Prairie Road from SH6 to Medical way and a signal light at Dartmouth and 2818. Upon approval from the Railroad, the City is planning significant activity related to the Cain/Deacon Railroad Cross Switch. Safety improvements at Holik, Park Place, Anna and Glade as well as Greens Prairie Trail City limits west of Woodlake to Royder Road and Royder Road Phase II from Backwater to FM2154 should all see significant activity in FY20 Parks: Projects currently total $25.5 million in projects underway in some phase. Limited additional appropriations are needed in this fund. Field redevelopment fees and Parkland Dedication Funds are appropriated as they are accrued, so an appropriation is requested for those funds. In addition, there is a request for appropriations for future amenities and improvements in parks that will be allocated to a project by Council at a later date. The projected expenditures for FY20 in Parks are focused on the completion and opening of Southeast Park Phase I. Facilities: Projects currently total $104.7 million in projects underway in some phase including $29.5 million for the New Police Station currently under construction and $39.3 million for a New City Hall. FY20, the budget appropriates an additional $6.3 million for City Hall , $5 million of this appropriation was allocated to renovations at the old PD station in prior years. However, as the City Hall project got underway in design, it was determined that the highest and best use of those funds would be to utilize them at City Hall and investigate the elimination of the old PD as a City facility. Instead, $1 million is being requested as appropriations for the old PD building. Technology: FY20 technology appropriations include the request for the establishment of a $1 million IT revolver fund for significant technology purchases that can be capitalized. Planned expenditures from the IT Revolver fund in FY20 include to refresh the City’s firewall, obtain software to help Legal with Open Records requests and the replacement of Utility Billing Software. Electric: With $21.1 million in projects budgeted, the project budget for FY20 equals to $23.3 million with future funded project expenditures is approximately $51.1 million. Electric has a WKSHP081319 Minutes Page 4 number of significant projects underway including improvements to both the overhead and underground delivery systems. One visible project citizens will see next year is the installation of automated meters, the AMI go Live isn’t scheduled until FY21, but the changing out of 42,000 meters should occur next year. Most of the improvements in the Electric Fund are paid for in cash, with only minimal debt incurred for the AMI project. Water: Projects currently total $73.4 million underway in some phase to ensure the sustainability of the delivery of water to the growing population both now and in the future. FY20, the budget appropriates an additional $14.4 million for projects including collection and transmission lines and replacement of motors at Wells 1, 2, and 3. The largest project included in the appropriation is the Rock Prairie Road Elevated Storage Tank, which is the creation of another water tank to serve the growing population on the South side of College Station. This project will exceed $8 million in cost and is not scheduled to be completed until FY21. Wastewater: Projects currently total $172.9 million underway in some phase including a major expansion of the Lick Creek Wastewater Treatment Plant budgeted at $38.9 million . FY20, the budget appropriates an additional $14.3 million for collection projects including the final phase of the Northeast Sewer Trunk line and the rehab of the McCulloch Utility. Treatment and disposal improvements at the Carter’s Creek plant are also included in the appropriations. Significant expenditures on the LCWWTP project of $20 million make up almost half of the work that will occur in FY20. The largest project included in the appropriation is the Rock Prairie Road Elevated Storage Tank, which is the creation of another water tank to serve the growing p opulation on the South side of College Station. This Project will exceed $8 million in cost and is not scheduled to be completed until FY21. Special Revenue Capital Projects: Special Revenue projects include Hotel Fund (Veterans Park Synthetic Fields, Southeast Park, equipment purchases), Community Development (Georgia Fitch Park, SW Parkway North Sidewalks), Fun for all P layground, Sidewalk Zones (various minor sidewalk projects), Park Land Dedication (various park projects), and Drainage Utility (Various minor drainage projects, Southwood Valley). Mayor Mooney recessed the budget workshop at 3:05 p.m. The budget workshop reconvened at 3:16 p.m. DEBT SERVICE FUND Jeff Kersten, Assistant City Manager, stated that the Debt Service Fund is a restricted account that holds the payments on all outstanding debt for General Government Projects. Debt payments for the Enterprise Funds are not held in this account. Ad Valorem tax amount on the debt side of .221444 must go into this account to pay our debt obligations. Capacity is generated as existing debt falls off the payment schedule or the debt side of the tax rate is raised. Fire Station 7 was added to the General Government project schedule by prior Councils. The proposed FY20 budget assumes that 0.7 of a cent will be added to the tax rate in FY22 in order to design and construct Fire Station 7. As the funded projects move forward and at current debt service rate, the next WKSHP081319 Minutes Page 5 opportunity to add streets, facilities or technology projects will be in FY25 when current debt begins to roll off. He stated that in order to pay for the projects we just discussed, staff will be bringing an item to Council in March/April of 2020 for permission to issue a notice of intent for $68.235 million in additional CO’s. The actual amount to be issued will be determined with the help of our Financial Advisors, Hilltop Securities, which take into account the issuance costs and current interest rates at the time of the notice. As mentioned the .7 of a cent increase in the tax rate in FY22 is also included in the projections for the debt issuances. SPECIAL REVENUE FUNDS Jeff Kersten, Assistant City Manager, stated that Special Revenue Accounts are bank accounts where the City can only use the funds on very specific expenses. Some of the accounts we have in this area have little activity or no particular qualifying expense is budgeted to be paid for with those funds. The only Special Revenue Funds that were discussed was the significant one with activity in FY20. HOTEL TAX The Hotel Tax (HOT) Fund holds the tax revenue generated by room taxes on hotel nights. The City receives a portion of those taxes. With the continued construction of hotels in our community, the amount in this fund continues to rise. Uses in this fund include the funding of Experience Bryan College Station and the Arts Council and sporting events hosted by the City. Construction of major parks to attract sporting tournaments can also occur with these funds. Veteran’s Park and the new Southeast Park have each been partially funded by the use of this special revenue. IMPACT FEE FUND In FY17, the Council enacted impact fees for water, wastewater and transportation. The impact fees are paid by growth related development and can only be used on specific projects that were identified when the fee was established. The fees were intentionally set by prior Councils at a low rate with room to be raised if necessary. Currently, the most significant fee is the wastewater fee and collections are used to pay the debt service on the LCWWTP expansion. ROAD MAINTENANCE FUND This fee was established in FY17 and moneys collected are used on maintenance activities on existing roads. There is no reserve requirement on this fund and all moneys collected are spent or scheduled to be spent on maintenance projects. Weather can impact the schedule of spending. FY20 is the first year the fee can be adjusted. In lieu of conducting an expensive rate study to determine the increase need to adjust for the material costs related to road maintenance, staff is proposing that this fee be indexed to the CPI-U similar to the Solid Waste and Planning fees. CPI increase in the FY20 budget to cover the last 3 years is 5.5% DRAINAGE UTILITY FUND This is a special revenue fund that receives its money from a fee charged on all utility bills. The fee of $5 is charged to help maintain the storm drain system and minimize flooding. The fee has not been increased since 2009, yet the cost of the equipment to maintain the storm drain system WKSHP081319 Minutes Page 6 continues to rise. Storm drain inspection camera - this equipment will be used to inspect storm drains that are too small or unsafe for human inspection ($131,000). For FY20 the fee is proposed to be raised to $6.00 and then indexed to the CPI-U similar to the Solid Waste, Roadway Maintenance Fee and planning fees. COURT TECHNOLOGY FUND Funded by a $4 charge to defendants convicted of a misdemeanor offense, the Court Technology fee can only be expended on technology to be utilized by the Municipal Court. In prior years, the fund has been utilized to purchase ticket writers for the Police department to improve the efficiencies of collecting and recording initial information for the Court. The software currently used to run the Court is no longer supported by the vendor. Therefore, in order to minimize the risk of a shut-down of Court operations, new software must be acquired. Court software is highly specialized and very expensive. The funds in this restricted account will be utilized for the software purchase, the related SLAs for the hardware and implementation costs out of the General Fund ($428,000). INTERNAL SERVICE FUNDS Mary Ellen Leonard, Finance Director, stated that Internal Service Funds are special accounts to accumulate support costs by internal city departments that serve the major operational departments like Police, Fire, Parks, Public Works, Electric, Water and Wastewater. Employee Benefit (Insurance) Fund  Claims over the last 5 years have been trending upward, increasing from $7.8 million to a projected $12.9 million in FY19.  FY20 budget assumes that trend will continue and by FY24, claims will exceed $16 million.  City contribution for FY20 is 10.1% and the employee contribution is 4.5% to cover the increase in claims cost.  Future years plan has City and Employee contributions closer to a 50/50 split once the claim drain of the last few years is stabilized. REPLACEMENT FUNDS Fleet Maintenance Fund • Average growth since FY16= 4.0% or 18 vehicles per year • All fleet vehicles are included in the replacement fund • Growth Related Risks:  Contributions have not fully offset cost of replacement vehicle  Estimated Shortfall = $8,000,000  Funding through fund balance transfers and $1 million per year in revolving debt through FY24 Technology Replacement Fund • Rapid changes to technology necessitate the establishment of a replacement fund WKSHP081319 Minutes Page 7 • Related Equipment:  Copiers  MDTs  Servers Equipment Replacement Fund • Funding began in FY17 for long-lived Police and Fire equipment • Fund considered fully funded • Related Equipment:  Police body camera  Police in-car video  Fire SCBA  Fire extrication tools  Fire thermal imaging cameras Utility Customer Service Fund • Average growth since FY15 = 2.0% • Future growth thru FY24 = approximately 950,000 meters read • Growth Related Risks:  Maintenance & Support issues due to systems first implemented ‘99  Coordination concerns with AMI initiative  Estimated Cost = $750,000  Funding through IT Revolving Debt in FY20 Bond Issuance 4. Presentation, possible action and discussion on the 2019-2020 ad valorem tax rate; and calling two public hearings on a proposed ad valorem tax rate for FY 2019-2020. No action was required on this item. 5. Executive Session In accordance with the Texas Government Code §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 1:14 p.m. on Tuesday, August 13, 2019 in order to discuss competitive matters as that term is defined in Gov’t Code §552.133; to wit:  Power Supply The Executive Session was recessed at 1:45 p.m. 6. Take action, if any, on Executive Session, No action was required from Executive Session. 7. Adjournment MOTION: There being no further business, Mayor Mooney adjourned the budget workshop of the College Station City Council at 4:11 p.m. on Tuesday, August 13, 2019. WKSHP081319 Minutes Page 8 ________________________ Karl Mooney, Mayor ATTEST: _________________________ Tanya McNutt, City Secretary WKSHP081419 Minutes Page 1 MINUTES OF THE CITY COUNCIL BUDGET WORKSHOP CITY OF COLLEGE STATION AUGUST 14, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Elianor Vessali John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Mary Ellen Leonard, Finance Director Carla Robinson, City Attorney Mary Ann Powell, Deputy City Attorney Tanya Smith, City Secretary 1. Council and CMO budget lunch. 2. Call to Order and Announce a Quorum is Present With a quorum present, the Budget Workshop of the College Station City Council was called to order by Mayor Karl Mooney at 12:30 p.m. on Wednesday, August 14, 2019 in the CSU Meeting/Training Facility, 1603 Graham Road, College Station, Texas 77842. 3. Presentation, possible action, and discussion on the FY 2019-2020 Proposed Budget. Mary Ellen Leonard, Finance Director, continued their review of the proposed FY18-19 budget and Outside Agency Requests. OUTSIDE AGENCY FUNDING WKSHP081419 Minutes Page 2 Jeff Kersten, Assistant City Manager, provided a brief overview of the outside agency funding requests. Requests from General Fund amounted to $1,585,119 for: Agencies with No Requested Increase:  Arts Council ($35,000)  BV Economic Development Corporation ($350,000)  Keep Brazos Beautiful ($25,000)  Aggieland Humane Society ($261,600) 4.2% decrease Agencies Requesting Increases:  Noon Lions Club  Amount Requested $17,500  Increase = $2,500 or 1.7%  Future growth = 0%  Brazos County Appraisal District  Amount Requested $461,447  Increase = $78,027 or 20.4%  Future growth = 8%  Brazos County Health District  Amount Requested $434,572 - Health Board recommended a 10.0% increase  Amount Proposed $408,892 or 3.5% increase  Future growth = 10% MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the 10% budget increase to the Brazos County Health District in the amount of $434,572. The motion carried unanimously. HOTEL TAX FUND AGENCY FUNDING The amount of agency funding requested from HOT has increased from an average of 11.4% to 13.7% in FY20. Proposed funding in the amount of $3,514,993 from the Hotel Tax Fund was proposed for various outside agencies: Agencies with No Requested Increase:  Arts Council of Brazos Valley (687,976) includes final payment for building of $290,000  Veterans Memorial ($25,000)  Chamber of Commerce ($25,000) Agencies Requesting Increases:  Experience Bryan / College Station WKSHP081419 Minutes Page 3  Amount Requested $1,962,903  Decrease = $33,225 due to allocation percentage with Bryan  Future growth = 2.0%  Experience Bryan / College Station Grant Program  Amount Requested $669,114  Increase = $80,164 or 13.6%  Future growth = 2.0%  Easterwood Airport Advertising  Amount Requested $145,000  Increase = $30,624 or 26.8%  Future decrease = (13.2%) 4. Presentation, possible action and discussion on the 2019-2020 ad valorem tax rate; and calling two public hearings on a proposed ad valorem tax rate for FY 2019-2020. No action was required on this item. 5. Executive Session No Executive Session was held. 6. Take action, if any, on Executive Session, No action was required from Executive Session. 7. Adjournment MOTION: There being no further business, Mayor Mooney adjourned the budget workshop of the College Station City Council at 1:51 p.m. on Wednesday, August 14, 2019. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:219-0393 Name:Invoke Microsoft Office 365 Contract Status:Type:Contract Consent Agenda File created:In control:7/16/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action on a contract with Invoke, LLC not to exceed $888,946.48 for Microsoft products and services for the Microsoft Office 365 project implementation, training, and software licenses for three years. Sponsors:Sindhu Menon Indexes: Code sections: Attachments:Invoke Contract Office 365 Action ByDate Action ResultVer. Presentation, discussion, and possible action on a contract with Invoke, LLC not to exceed $888,946.48 for Microsoft products and services for the Microsoft Office 365 project implementation, training, and software licenses for three years. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): City Manager and CIO recommend approval of the contract with Invoke, LLC, dba Invoke Systems Management in the amount of $888,946.48 for the implementation of Microsoft Exchange Online, Microsoft Office 365 ProPLus and required licenses 3 years as part of the City's migration from an on premise platform to a Microsoft Cloud environment. Summary:Recommend approval of the contract with Invoke,LLC,dba Invoke Systems Management in the amount of $888,946.48 for licenses for 3 years,for Microsoft Exchange Online and Microsoft Office 365 ProPlus; and implementation services for Microsoft Exchange Online and Office 365 ProPlus and training. The current City Microsoft environment is not up-to-date proven to be inadequate and unreliable.The latest Microsoft Exchange Online provides an uptime guarantee of over 99%along with reduced management and maintenance tasks.In conjunction with Microsoft Office 365 which provides more advanced productivity tools to facilitate better collaboration among employees and team members,these solutions target to improve the City’s business operations.The scope of this project includes but is not limited to assessment of the City’s environment and readiness,identification of the license structure,license purchasing,migration of the current On-premise Email system to Exchange Online which will include enhanced email security features as well as the installation of the latest version of Office Suite on all City computers. Budget & Financial Summary: Funding is through the FY19 SLA for the Office 365 project. The total cost for year one which includes professional services for implementation and one year licenses is $363,386.50. The total contract value which includes a 3 year licenses is $888,946.50. College Station, TX Printed on 8/16/2019Page 1 of 2 powered by Legistar™ File #:19-0393,Version:2 Attachments: Invoke Contract College Station, TX Printed on 8/16/2019Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0408 Name:Annual Padmount Equipment Repair and Restoration Status:Type:Contract Consent Agenda File created:In control:7/25/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action regarding awarding a contract for Annual Padmount Equipment Repair and Restoration to Utility Restoration Services Inc. in the amount of $321,644.66. Sponsors:Timothy Crabb Indexes: Code sections: Attachments:19-069 Tabulation sheet Action ByDate Action ResultVer. Presentation, discussion, and possible action regarding awarding a contract for Annual Padmount Equipment Repair and Restoration to Utility Restoration Services Inc. in the amount of $321,644.66. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract. Summary: In 2013, College Station Utilities (CSU) began a program designed to extend the life of padmounted electrical equipment such as transformers, junction boxes, and switchgear by addressing issues that can lead to premature failure such as rust , paint, fire ant mounds, weeds, and equipment that is no longer level. This contract will provide the necessary inspections and repair of electric padmounted equipment as funded in the budget. Performing this preventative maintenance on the padmounted equipment will reduce premature failures and the number of devices which have to be replaced each year while providing better customer service by eliminating extended, untimely outages to the customers served from these devices. On July 11, 2019, Purchasing received two bids in response to Invitation to Bid 19-069. One vendor did not attend the mandatory pre-bid meeting, therefore their bid was disqualified. Utility Restoration Services, Inc. was therefore the lowest responsible bidder for this contract. Utility Restoration Services, Inc. has performed this service for the City before, and the Electric Department is confident their ability to performed the needs of this contract. This contract will be for a one year term, with two possible one year renewals. College Station, TX Printed on 8/16/2019Page 1 of 2 powered by Legistar™ File #:19-0408,Version:1 Budget & Financial Summary: Funds are budgeted and available in the Electric Capital Improvement Project Budget. Attachments: 1.Bid Tab College Station, TX Printed on 8/16/2019Page 2 of 2 powered by Legistar™ SINGLE-PHASE PAD-MOUNTED EQUIPMENT AND ASSEMBLY PRICES (All quantities are estimates and are subject to change.) EXTENDED PRICE Pricing ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE PER BID SUBMITTED Correct Extended price Difference BCJB-1 & BCJB-3 Contractor to furnish labor and material to apply epoxy base coat to one (1) single phase pad mount junction box.366 ea 111.24$ 4,113.84$ 40,713.84$ 36,600.00$ BCT Contractor to furnish labor and material to apply epoxy base coat to one (1) single phase pad mount transformer 200 ea 89.64$ 17,928.00$ 17,928.00$ -$ Brush Contractor to furnish labor and material to remove all brush and debris located within five (5) feet of the sides or back and ten (10) feet in front of pad-mount transformers, J-boxes and switchgears. This unit to be paid per asset.100 ea 56.16$ 5,616.00$ 5,616.00$ -$ D1 Contractor to furnish labor to remove all debris inside one (1) single phase pad mounted transformer or junction box bib level. This removal includes but is not limited to insects, rodents, animals, nests, fire ants, etc. City will furnish fire ant or insect preventative agent for the Contractor to install inside the transformer or junction box. 165 ea 44.28$ 7,306.20$ 7,306.20$ -$ D2 Contractor to furnish labor to remove all debris inside one (1) single phase pad mounted transformer or junction box bib level. This removal includes but is not limited to insects, rodents, animals, nests, fire ants, etc. City will furnish fire ant or insect preventative agent for the Contractor to install inside the transformer or junction box. 20 ea 60.00$ 1,200.00$ 1,200.00$ -$ Decal Contractor to furnish labor and decals to remove and replace all warning decals and identification number on one (1) underground asset. Should the existing decals and identification number be missing on the existing transformer, new identification shall be placed on the refurbished underground asset. Contractor will furnish all decals and identification numbers required to be installed. 450 ea 15.00$ 6,750.00$ 6,750.00$ -$ Fence Contractor to furnish labor and materials to remove andre- install steel decorative fence as necessary to restore and paint pad-mount transformer. This unit to be paid by lineal foot of existing fence.85 lf 10.80$ 918.00$ 918.00$ -$ GPS Contractor to provide coordinates using map grade GPS/GLSS software on all CSU assets inspected and restored 667 ea 10.00$ 6,670.00$ 6,670.00$ -$ Landscape Contractor to furnish labor and materials to remove all landscape bushes, shrubs and trees located within five (5) feet of the side or back and ten (10) feet in front of pad- mount transformer. This unit is to be paid per transformer.35 ea 56.16$ 1,965.60$ 1,965.60$ -$ Leveling Contractor to furnish labor and materials to lwcwl one (1) existing single- phase pad.267 ea 44.28$ 11,822.76$ 11,822.76$ -$ MR Contractor to furnish labor and materials to repair and restore all corrosion holes and divots on a underground asset. This unit to be paid by square foot of repair 445 sf 35.64$ 15,859.80$ 15,859.80$ -$ PB Contractor to furnish labor and materials to replace one (1) missing or defective penta head bolt on one (1) single-phase pad-mount transformer or junction box. 27 ea 11.88$ 320.76$ 320.76$ -$ PBA Contractor to furnish labor and materials to replace one (1) damaged penta head bolt and locking assembly on one (1) single-phased pad-mount transformer or junction box.35 ea 88.56$ 3,099.60$ 3,099.60$ -$ PL Contractor to furnish labor to add or replace one (1) pad lock on pad-mount transformer or junction box. City to furnish pad lock 267 ea 1.00$ 267.00$ 267.00$ -$ R4" Contractor to furnish labor and materials to raise one (1) single-phase pad up to existing grade. This unit includes raising the pad up to 4". Top of pad to be 2" above exisiting ground line. 267 ea 55.62$ 14,850.54$ 14,850.54$ -$ R6" Contractor to furnish labor and materials to raise one (1) single-phase pad 4.1" - 6", to existing grade. This unit includes raising the pad up to 4-1" to 6". Top of pad to be 2" above exisiting ground line. 100 ea 66.96$ 6,696.00$ 6,696.00$ -$ RC Contractor to furnish labor and materials to apply rust converter to effected areas on one (1) single-phase pad- mount transformer or junction box.235 ea 66.96$ 15,735.60$ 15,735.60$ -$ RR Contractor to furnish labor and materials to remove all rust and loose debris accumulated on metal services of one (1) single-phase pad-mount transformer or junction box.370 ea 111.24$ 41,158.80$ 41,158.80$ -$ TCJB Contractor to furnish labor and materials to apply epoxy top coat to one (1) single-phase pad-mount junction box.10 ea 88.56$ 885.56$ 885.60$ 0.04$ Utility Restoration Services ITB#19-069 ADDENDUM 1 REVISED TABULATION SHEET ANNUAL PAD MOUNT EQUIPMENT RESTORATION PRICE SHEET Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies betwee unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. ITB 19-069 1 SINGLE-PHASE PAD-MOUNTED EQUIPMENT AND ASSEMBLY PRICES (All quantities are estimates and are subject to change.) EXTENDED PRICE Pricing ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE PER BID SUBMITTED Correct Extended price Difference Utility Restoration Services ITB#19-069 ADDENDUM 1 REVISED TABULATION SHEET ANNUAL PAD MOUNT EQUIPMENT RESTORATION PRICE SHEET Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies betwee unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. TCT Contractor to furnish labor and materials to apply epoxy top coat to one (1) single-phase pad-mount transformer.367 ea 88.56$ 32,501.52$ 32,501.52$ -$ UM6-4-2a Contractor to furnish labor to install and connect fault indicator to single-phase pad-mount transformer (skirt pre- drilled). See Assembly Drawing.100 ea 46.44$ 4,644.00$ 4,644.00$ -$ UM6-4-2b Contractor to furnish labor to install and connect fault indicator to single-phase pad-mount transformer (include Drilling skirt). See Assembly Drawing.267 ea 65.88$ 17,589.96$ 17,589.96$ -$ 217,899.54$ 254,499.58$ 36,600.04$ J-BOX & THREE PHASE PA-MOUNTED TRANSFORMERS AND ASSEMBLY UNIT PRICES (All quantities are estimates and are subject to change.) ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE Correct Extended price Pricing Difference 3ph-75-500 Three phase 75 KVA to 500 KVA. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas, where possible and re-install decals and numbers 37 ea 834.84$ 30,889.08$ 30,889.08$ -$ 3PH-750-2500 Three phase 75 KVA to 2500 KVA. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas, where possible and re-install decals and numbers 20 ea 1,112.40$ 22,248.00$ 22,248.00$ -$ 3PH-J-Box Three phase J-Box. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas.20 ea 334.80$ 6,696.00$ 6,696.00$ -$ 3PH-SWGR Three phase Switch-Gear. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas.5 ea 1,112.40$ 5,562.00$ 5,562.00$ -$ 65,395.08$ 65,395.08$ -$ SINGLE-PHASE AND THREE PHASE POLE-MOUNTED TRANSFORMERS AND ASSEMBLY UNIT PRICES (All quantities are estimates and are subject to change.) ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE Correct Extended price Pricing Difference 1PH & 3PH-75-167 Single-Phase and Three-phase 75 KVA to 167 KVA. Treat Rust areas and paint with base & top coat epoxy outside and inside compartment areas, where possible and re-install decals and numbers 7 ea 250.00$ 1,750.00$ 1,750.00$ -$ 1,750.00$ 1,750.00$ -$ 217,899.54$ 254,499.58$ 36,600.04$ 65,395.08$ 65,395.08$ -$ 1,750.00$ 1,750.00$ -$ 285,044.62$ 321,644.66$ 36,600.04$ BID RESPONSE ITEMS:Utility Restoration Services Mandatory Pre Bid Attendance √ Originals Contractor's Bid Proposal Pages including Certification Page of Bid √ Contractor Safety Manual Acknowledgement √ Number of Addenda is hereby acknowledged √ 5% Bid Bond √ ITB#19-069 BID SUMMARY SINGLE-PHASE PAD-MOUNTED EQUIPMENT TOTAL THREE- PHASE PAD-MOUNTED EQUIPMENT TOTAL POLE-MOUNTED EQUIPMENT TOTAL GRAND TOTAL OF BID THREE- PHASE PAD-MOUNTED EQUIPMENT TOTAL POLE-MOUNTED EQUIPMENT TOTAL SINGLE-PHASE PAD-MOUNTED EQUIPMENT TOTAL ITB 19-069 2 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0409 Name:Purchase and Installation of Animal Deterrent Fencing at Electric Substations Status:Type:Contract Consent Agenda File created:In control:7/25/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action regarding the award of a contract to TransGard, LLC for the purchase, delivery and installation of animal control fencing at five (5) electric substations for a not to exceed amount of $256,750. Sponsors:Timothy Crabb Indexes: Code sections: Attachments:19300674 Sole Source approval Action ByDate Action ResultVer. Presentation,discussion,and possible action regarding the award of a contract to TransGard,LLC for the purchase,delivery and installation of animal control fencing at five (5)electric substations for a not to exceed amount of $256,750. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Staff recommends awarding contract 19300674 to TransGard,LLC for an amount not to exceed $256,750.00. Summary: In order to mitigate substation outages caused by wildlife, CSU has identified the need for an electric fence that is designed to deter wildlife from coming in contact with our substation equipment, is safe for our personnel and has the ability to remotely control and monitor the electric fence. Wildlife has been involved in many past outages that can affect hundreds to thousands of customers at a time and that have caused extensive damage to substation equipment. The TransGard Substation Protection system provides a low voltage electrical fence that is designed to keep wildlife (snakes, squirrels, and other land animals) from getting into substation areas and causing damages and/or outages. The system can also be monitored and controlled remotely. In 2017, the TransGard Substation Protection system was installed at the Northgate Substation. The animal control fence has proven to be successful in deterring wildlife from contacting the energized substation equipment. CSU personnel have found the system safe and easy to work with. This College Station, TX Printed on 8/16/2019Page 1 of 2 powered by Legistar™ File #:19-0409,Version:1 contract will allow the animal control fencing to be installed at five (5) additional substations: Southwood Valley, Post Oak, Greens Prairie, Switch Station, and Dowling Road. After construction/reconstruction is completed, it is planned to install this fencing at the remaining two substations in our system. TransGard has been approved as a sole source vendor, and is therefore exempt from competitive bidding. TransGard is the sole manufacturer of this system and their product is patented as the only electrified animal deterrent fence available. Budget & Financial Summary: Funds for this contract are available in Electric’s Capital fund. Attachments: Sole Source Justification Approval Form Contract is available for review in the City Secretary's office College Station, TX Printed on 8/16/2019Page 2 of 2 powered by Legistar™ CITY OF COLLEGE STATION Sole Source Justification Vendor: TransGard Substation Protection Requisition #: ___ Product/Service: Wildlife protection fence for 5 Electric Substations Estimated expenditure for the above commodity or service: $256,750.00 This form must be completed for each requisition/contract that provides for proprietary (sole source) acquisition of goods and services valued at a total amount of $3,000 or more. If more space is needed, please attach additional page(s). Inadequate justification or documentation for a request for non-competitive procurement will result in a solicitation of bids or quotes. Unique Features. Specify the unique features or characteristics of the goods or services that are requested: Special Needs. Briefly explain why the unique specifications restrict the requisition to one manufacturer or provider: Other Sources. State the reason or reasons why competing products are not satisfactory, e.g. a justification for the proprietary (sole source) acquisition: Check all entries below that apply to the proposed purchase. (More than one entry will apply to most sole source products/services requested). 1.SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER, THERE ARE NO OTHER DISTRIBUTORS. (Attach the manufacturer’s written certification that no regional distributors exist. Item No. 3 also must be completed.) 2.SOLE SOURCE REQUEST IS FOR THE ONLY BRAZOS COUNTY AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer’s — not the distributor’s — written certification that identifies all regional distributors. Item No. 3 also must be completed.) 3.THIS IS THE ONLY ITEM OR SERVICE REASONABLY KNOWN THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application.) 4. CAPTIVE REPLACEMENT PARTS OR COMPONENTS FOR EQUIPMENT: THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) 5.THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION OR COMPATIBILITY WITH EXISTING EQUIPMENT OPERATIONS OR SERVICES. (Attach Memorandum describing basis for standardization request.) TransGard offers the only electrified wildlife protection fence product The TransGard system is patented under U.S. Patent Number 6,712,339. Other fence systems are not electrified and do not provide the level of protection that the electrified fence provides. TransGard also provides the ability to monitor and control the status of the fence remotely. X X Sole Source Justification Memorandum Item 3: In order to mitigate substation outages caused by wildlife, COCS identified the need for an electric fence that is designed not only to deter wildlife from coming in contact with our substation equipment but also is safe for our personnel. Another requirement is the ability to remotely control and monitor the electric fence. TransGard is the only vendor that meets both the requirements identified by COCS. The TransGard Substation Protection system provides a low voltage electrical fence that is designed to keep wildlife (snakes, squirrels and other land animals) from getting into substation areas and causing damages and/or outages. The system can also be monitored and controlled remotely. Their system is patented and they are the sole manufacturer. A letter of Sole Source Justification has been provided by Transgard and is attached to this memo. Item 5: In 2017 the TransGard Substation Protection system was installed at the Northgate Substation. Contract 17300568 was approved on August 21, 2017. This new contract will provide the same system for an additional five (5) substations. Utilizing the same system for all substations will allow for parts to be interchangeable if a repair is needed. TransGard LLC 1000 Vogelsong Road, York, PA 17404 Office (717) 900-6140 • Fax (717) 850-2657 www.transgardfence.com Sole Source Justification To whom it may concern, TransGard, LLC is the sole source/single supplier of the modular electric animal deterrent fence system designed for electric utility substations. The herein labeled “product” includes, but is not limited to, the proprietary control center, entryway/gateway design, modular fence panels of varying size and securing stands designed for the TransGard, LLC fence. The product is protected under U.S. Patent Number 6,712,339 and Canadian Patent Number 2,317,254. As such, the aforementioned product may only be manufactured and sold by TransGard, LLC. All sales and distribution occur exclusively through TransGard, LLC and authorized manufacturer representatives. There are no alternative producers or providers of the product due to the patent protection of this system and all components and connections are created exclusively for and/or by TransGard, LLC. If more information is desired, do not hesitate to contact TransGard, LLC at (717) 900-6140 or at www.transgardfence.com. Thank you for your interest in our product. Bill Reichard President TransGard LLC City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0424 Name:Ordinance Amending Chapter 8 of the College Station Code of Ordinances Status:Type:Ordinance Consent Agenda File created:In control:8/5/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action regarding an ordinance amendment to Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,” Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to Gravediggers License; providing a severability clause; declaring a penalty; and providing an effective date. Sponsors:David Schmitz Indexes: Code sections: Attachments:Grave Digging Ord. Amend _LW_2.pdf Action ByDate Action ResultVer. Presentation, discussion, and possible action regarding an ordinance amendment to Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,” Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to Gravediggers License; providing a severability clause; declaring a penalty; and providing an effective date. Relationship to Strategic Goals: Providing Core Services and Infrastructure Recommendation(s): Staff recommends approval of the amendment to Chapter 8. Summary: As the Parks and Recreation Department oversees all functions of the cemeteries, operations and sales, this amendment would move the responsibility of issuing grave digging permits to the Parks and Recreation Department (away from the City Secretary’s office). Budget & Financial Summary:NA Reviewed and Approved by Legal: Yes Attachments: 1)Ordinance College Station, TX Printed on 8/16/2019Page 1 of 1 powered by Legistar™ Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 8, “BUSINESSES,” ARTICLE IV, “GRAVEDIGGERS,” DIVISION 2 “LICENSE,” SECTION 8-145 “APPLICATION,” AND SECTION 8-146 “REQUIREMENTS AND QUALIFICIATIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO GRAVEDIGGERS LICENSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,” Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO._____ Page 2 of 4 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO._____ Page 3 of 4 Ordinance Form 8-14-17 EXHIBIT A That Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,” Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended or created to read as follows: “Sec. 8-145. – Application and Fee a. Application. A person seeking a license under this Section must apply to the City Parks and Recreation Department on a form furnished by the City for such purpose. After meeting the qualifications and requirements of this Article, the Applicant shall be issued a gravedigger license by the City Parks and Recreation Department. b. Fee. Each new applicant must pay an application fee established in Section 2-117. Each licensee must pay a yearly renewal fee established in Section 2-117. All yearly fees and proof of insurance are due by October 1. A license shall be effective for a period of one year from the date of issuance or until the set renewal date of October 1. Sec. 8-146. – Requirements and qualifications. The following requirements must be met by each licensee: (1) A licensee must have a regular business office. (2) A licensee must have telephone availability 24 hours a day for emergencies. Each licensee must be available upon three hours ’ notice during daylight hours to open and close graves. (3) A licensee must be generally familiar with laws, ordinances, rules and regulations applicable to the activity regulated hereunder. The City Parks and Recreation Department may require an applicant to take an examination for licensure or license renewal. (4) A licensee shall have the capability to open and close graves as defined herein. Prior experience shall establish capability provided that two references may be required showing satisfactory performan ce history. An inexperienced applicant may be required to demonstrate capability, including the opening and closing of one to three graves prior licensure. (5) A licensee shall have equipment suitable for the activity to be performed. A complete listing of vehicles and equipment, including vehicle identification numbers, shall be furnished with the application and shall be approved or rejected by the City Manager or designee. Said listing shall be updated within ten days of the disposition or acquisition of an y vehicle or equipment. Any issues relating to the ORDINANCE NO._____ Page 4 of 4 Ordinance Form 8-14-17 suitability of equipment shall be resolved by a good faith determination by the City Manager or designee. (6) A licensee shall file a current certificate of insurance, with the City named as an additional insured, of comprehensive general liability insurance and commercial automobile liability insurance showing a minimum combined single limit of $500,000.00 per occurrence for bodily injuries and property damage. The certificate of insurance shall also reflect upon its face the obligation of the insurance company to notify the City Parks and Recreation Department thirty (30) days before cancellation of such coverage. Any termination of insurance coverage shall terminate any license granted hereunder. Insurance shall be renewed yearly on October 1.” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0427 Name:Audit Services Status:Type:Presentation Consent Agenda File created:In control:8/6/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action to ratify and approve the renewal of the letter agreement for Professional Auditing Services with BKD, LLP for an amount not to exceed $89,390. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Contract 18300669 Prof Auditing Services Ren1 Action ByDate Action ResultVer. Presentation, discussion, and possible action to ratify and approve the renewal of the letter agreement for Professional Auditing Services with BKD, LLP for an amount not to exceed $89,390. Relationship to Strategic Goals: 1.Good Governance 2.Financial Sustainability 3.Sustainable City Recommendation(s):Staff respectfully recommends approving the first renewal of the letter agreement with BKD,LLP for Professional Auditing Services and ratifying the term of service which began on August 10, 2019. Summary:June 2018,staff solicited proposals for professional auditing services for the fiscal year ending September 30,2018 with the option of renewing the contract annually for up to four (4)additional years.Upon completion of the evaluation,interview and scoring processes,the Audit Committee recommended BKD,LLP for award of contract which was approved by City Council on August 9,2018. The audits are to be performed in accordance with generally accepted auditing standards,the standards set forth for financial audits in the General Accounting Office’s (GAO)Government Auditing Standards and the Uniform Guidance. The renewal also includes the option of "Special Services"upon request from the City for a pre- approved amount as needed.This is intended to address possible occasions when interim audit services are needed throughout the year. Budget &Financial Summary:Funds are available and budgeted in the General Fund and in the Community Development budget. Reviewed and Approved by Legal:Yes Attachments:Renewal agreement 2019 Engagement Letter is on file in the City Secretary’s Office College Station, TX Printed on 8/16/2019Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0437 Name:Annual Purchase of Electric Meters and Sockets Status:Type:Presentation Consent Agenda File created:In control:8/9/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action regarding approval of the renewal of the City’s annual blanket orders for electric meters and sockets with estimated annual expenditures of: Anixter Inc., $37,952; Priester Mell & Nicholson, $164,363 and for Texas Electric Cooperative for $22,230. The total recommended renewal is for an amount not to exceed $224,545. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:18300687R1 PMN Anixter TEC ltrs Action ByDate Action ResultVer. Presentation, discussion, and possible action regarding approval of the renewal of the City’s annual blanket orders for electric meters and sockets with estimated annual expenditures of: Anixter Inc., $37,952; Priester Mell & Nicholson, $164,363 and for Texas Electric Cooperative for $22,230. The total recommended renewal is for an amount not to exceed $224,545. Relationship to Strategic Goals:Financially Sustainable City Recommendation(s):Staff recommends renewal of the award of the annual price agreements with Anixter,Inc.for $37,952,Priester Mell &Nicholson for $164,363 and Texas Electric Cooperative for $22,230.These estimates are contract estimates and within past fiscal year’s history for city-wide electrical warehouse needs. Summary:Staff issued a Bid #18-098,in June,2018,for the City’s Electric Meters and Sockets warehouse inventory.Eight (8)sealed proposals were received and were reviewed by Electric Staff to ensure the compliance of needed specifications.City Council approved the original award of one year (1) with an option to renew two (2)additional one (1)year contracts on August 9,2018,File#18-0502.This is the first renewal of two possible one (1) year renewals, of the purchasing agreement. Staff recommends renewing the contract for these Electrical Warehouse Inventory Items as previously awarded in August, 2018. 1.Anixter $ 37,952.00 2.Priester-Mell & Nicholson $164,363.00 3.Texas Electric Cooperative $ 22,230.00 Grand Total $ 224,545.00 Upon Council approval,staff will issue blanket orders to be used by all City departments throughout the year. Budget &Financial Summary:Funds are available and budgeted within the Electrical Fund.These electrical meters and sockets are maintained in the Warehouse as Electrical Inventory and various College Station, TX Printed on 8/16/2019Page 1 of 2 powered by Legistar™ File #:19-0437,Version:1 projects may be expensed as supplies are pulled from inventory and issued to staff. Reviewed and Approved by Legal:N/A Attachments:Renewal Letters from Anixter,Inc.;Priester-Mell &Nicholson;and Texas Electric Cooperatives College Station, TX Printed on 8/16/2019Page 2 of 2 powered by Legistar™ Ross Nicholson Salesman July 23, 2019 RYAN JOHNSON City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:219-0448 Name:2020 Census Support Resolution Status:Type:Resolution Consent Agenda File created:In control:8/13/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action regarding a Resolution in support of the 2020 U.S. Census. Sponsors:Alaina Chafin Indexes: Code sections: Attachments:2020 Census Resolution Action ByDate Action ResultVer. Presentation, discussion, and possible action regarding a Resolution in support of the 2020 U.S. Census. Relationship to Strategic Goals: ·Good Governance Recommendation: Staff recommends approving the Resolution. Summary: This item is a resolution in support of the 2020 U.S. Census. Required once every 10 years by the U.S. Constitution, the Census counts everyone living in the United States, both citizens and noncitizens. Census data is used to reapportion the U.S. House of Representatives, re-district each state and determine the distribution of the Electoral College. Census data also directly affect how more than $675 billion per year in federal funding is distributed to state, local and tribal governments. On a local level, Census data is used to determine when to expand infrastructure and helps guide local decisions relating to business development, school locations, infrastructure investments, and many other services. The United States Census Bureau has historically requested the City of College Station’s support and partnership in the Census. This resolution affirms College Station’s support of the goals and ideals of the upcoming 2020 Census, and indicates that College Station will be proactive in disseminating Census information and encouraging residents to participate. Participation by the City of College Station will allow the 2020 Census message to reach a broader audience and provide a trusted advocate who can spark positive conversations about the 2020 Census. Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 8/16/2019Page 1 of 2 powered by Legistar™ File #:19-0448,Version:2 1. Census Support Resolution College Station, TX Printed on 8/16/2019Page 2 of 2 powered by Legistar™ RESOLUTION NO. ___________ Page 1 of 2 RESOLUTION NO. _____________________ A RESOLUTION AFFIRMING THE CITY OF COLLEGE STATION, TEXAS SUPPORT OF AND PARTNERSHIP WITH THE 2020 U.S. CENSUS. WHEREAS, the U.S. Census Bureau is required by the Constitution of the United States of America to conduct a count of the population and provides a historic opportunity for the City of College Station to help shape the foundation of our society and play an active role in American democracy; and WHEREAS, the City of College Station is committed to ensuring every resident is counted; and WHEREAS, more than $675 billion per year in federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based on census data, including healthcare, community development, housing, education, transportation, social services, employment, and much more; and WHEREAS, census data determines how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; and WHEREAS, the 2020 Census creates hundreds of thousands of jobs across the nation; and WHEREAS, every Census Bureau worker takes a lifetime oath to protect confidentiality and ensure that data identifying respondents or their household not be released or shared for 72 years; and WHEREAS, a united voice from businesses, government, community-based and faith-based organizations, educators, media and others will allow the 2020 Census message to reach a broader audience, providing trusted advocates who can spark positive conversations about the 2020 Census; NOW, THEREFORE, 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 supports the goals and ideals for the 2020 Census and will disseminate 2020 Census information to encourage participation. PART 2: That the City Council of the City of College Station asks its affiliates and membership to partner together to achieve an accurate and complete count. PART 3: That the City Council of the City of College Station encourages people in the City of College Station to participate in events and initiatives that will raise overall awareness of the 2020 Census and increase participation among all populations. PART 4: That this Resolution shall be effective immediately upon its passage and approval. Page 1 of 2 RESOLUTION NO. ___________ Page 2 of 2 PASSED, ADOPTED and APPROVED this 22 day of August, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0446 Name:Public Hearing #1 for FY 20 Ad Valorem Tax Rate Status:Type:Presentation Agenda Ready File created:In control:8/13/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Public Hearing, presentation, discussion, and possible action on the City of College Station 2020 advertised ad valorem tax rate of $0.534618 per $100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Public Hearing, presentation, discussion, and possible action on the City of College Station 2020 advertised ad valorem tax rate of $0.534618 per $100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. Recommendation(s):Hold public hearing and receive citizen input on the tax rate. Summary:The Texas Property Tax Code requires that if an entity wishes to increase tax revenues over the effective tax rate then that entity must call and hold two public hearings on the proposed tax rate. Following each public hearing the City Council must announce the meeting date,time and place to adopt the tax rate. The tax rate that the City Council announced it would hold the public hearings on is $0.534618 per $100 assessed valuation. The notice of this public hearing was placed in the Eagle,as well as on the City's internet site,and the City's television channel. This is the first public hearing on the tax rate.A second public hearing will be held on Thursday September 12,2019.The City Council will vote on the tax rate on Thursday September 26,2019,at 6:00 PM. Budgetary and Financial Summary:The public hearing tax rate of $0.534618 per $100 assessed valuation will generate $51,722,744 in taxes.The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments:N/A College Station, TX Printed on 8/16/2019Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0419 Name:MUD #2 SPA - 2nd Hearing Status:Type:Agreement Agenda Ready File created:In control:8/3/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Public Hearing, presentation, discussion, and possible action regarding approval of a Strategic Partnership Agreement between the City and Brazos County Municipal Utility District No.2. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:MUD 2 SPA - Final Action ByDate Action ResultVer. Public Hearing, presentation, discussion, and possible action regarding approval of a Strategic Partnership Agreement between the City and Brazos County Municipal Utility District No.2. Relationship to Strategic Goals: ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation: Staff recommends approval of the Strategic Partnership Agreement. Summary: The Strategic Partnership Agreement (SPA) outlines conditions for annexation of the District and limited purpose annexation of commercial land. This is the second of two public hearings required before approving the SPA with Brazos County MUD No. 2. The first Public hearing is was held during the July 25, 2019 City Council Meeting. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1. Strategic Partnership Agreement College Station, TX Printed on 8/16/2019Page 1 of 1 powered by Legistar™ Page 1 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx STRATEGIC PARTNERSHIP AGREEMENT THE STATE OF TEXAS § § COUNTY OF BRAZOS § This STRATEGIC PARTNERSHIP AGREEMENT (this “Agreement”) is made and entered into, effective as of ___________, 201__, by and between the CITY OF COLLEGE STATION, TEXAS, a municipal corporation and home rule city of the State of Texas (the “City”), and BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2, a conservation and reclamation district created pursuant to Article XIV, Section 59, Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code (the “District”). RECITALS The District was created with the consent of the City for the purpose of providing water, sewer, drainage, and road facilities to the land within its boundaries. The District is located entirely within the extraterritorial jurisdiction (“ETJ”) of the City. The provisions of TEX. LOCAL GOV’T CODE, Section 43.0751 (the “Act”) state that the City and the District may enter into a strategic partnership agreement that provides for the terms and conditions under which services will be provided and funded by the City and the District and under which the District will continue to exist for an extended period after annexation of all or a portion of the land within the District by the City. The City and the District, after the provision of required notices, held public hearings in compliance with the Act. Based upon public input received at such hearings, the City and the District wish to enter into a strategic partnership agreement to provide the terms and conditions under which services will be provided and funded by the City and the District and under which the District will continue to exist for an extended period of time after the District is annexed for general purposes. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the District agree as follows: ARTICLE 1. DEFINITIONS 1.01. Definitions. The terms Act, City, District and ETJ shall have the meanings provided for them in the recitals, above. Except as may be otherwise defined, or the context clearly requires otherwise, capitalized terms and phrases used in this Agreement shall have the meanings as follows: City Consent means the most recent resolution of the City consenting to the creation of the District, and the terms and conditions to such consent described therein. Page 2 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx Commercial means all nonresidential development, except for developments owned by a tax-exempt entity, a non-profit entity or a homeowner or property owner association. Commission means the Texas Commission on Environmental Quality and its successors. Developer means the entity or entities advancing funds to the District for the design and construction of District facilities and for other legal purposes which advances are subject to reimbursement by the District pursuant to the rules of the Commission. Person means any individual, partnership, association, firm, trust, estate, public or private corporation, or any other entity whatsoever. 1.02. Findings and conclusions. The City and the District hereby find and declare: a. The Act authorizes the City and the District to enter into this Agreement to define the terms and conditions under which services to the District will be provided and funded by the parties and to define the terms and conditions under which the District will be annexed by the City at a future date as agreed hereunder as an alternative to annexation without the consent of the District. b. In compliance with Subsection (p) of the Act, this Agreement (i) does not require the District to provide revenue to the City solely for the purpose of an agreement with the City to forgo annexation of the District, and (ii) provides benefits to each party, including revenue, services, and regulatory benefits, which are reasonable and equitable with regard to the benefits provided to the other party. c. All the terms and conditions contained in this Agreement are lawful and appropriate to provide for the provision of municipal services and annexation. d. The District is not obligated to make payments to the City for services except as otherwise provided herein. e. This Agreement has been duly adopted by the City and the District after conducting two public hearings at which members of the public who wanted to present testimony or evidence regarding the Agreement were given the opportunity to do so. Notice of each hearing was published in the format required by TEX. LOCAL GOV’T CODE, Section 43.123(b) and was published at least once on or after the 20th day before each public hearing of the City. ARTICLE 2 ANNEXATION OF THE DISTRICT 2.01. Conditions to annexation. a. The parties agree that the District and its residents should be allowed to develop and function with certainty regarding the conditions under which annexation will be authorized by the City. As a result, the City and the District agree that, without regar d Page 3 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx to the City’s right and power under existing or subsequently enacted law and subject to Section 2.02, the City will not fully annex the District until both the following conditions have been satisfied, and shall thereafter be authorized, but not required, to fully annex the District for any purpose: 1. 90% of the initial installation of the water, sanitary sewer, drainage and paving facilities for which District bonds were authorized in the City’s written consent has been completed (“Substantial Completion”). 2. The Developer has been reimbursed to the maximum extent permitted by the rules of the Commission or the City assumes any obligation for such reimbursement of the District under such rules. b. If the City wishes to complete the District facilities in order to comply with subsection a, item 1, above, the District will cooperate with the City to provide access to the District’s facilities and allow such connection or supplement thereto as may be reasonably necessary upon written notice of its intent to so complete from the City to the District; provided that any such construction by or on behalf of the City shall be sufficient to provide water supply and distribution, wastewater collection and treatment, and drainage facilities to the entire unserved portion of the District. c. Prior to annexing the District for full purposes, the City shall make the election either to dissolve the District and assume all rights, assets, liabilities and obligations of the District or to continue the District as a limited district for an extended period of time (the “Limited District”) as further provided for in Section 2.05. The City will notify the District in writing of its election prior to full purpose annexation. 2.02. Annexation of Commercial property. Notwithstanding Section 2.01, the City may annex for limited purposes any Commercial property of the District at any time after the effective date of this Agreement, as determined by the City (the “Annexed Commercial Property”). In such event, the District shall remain in existence, with full powers, and any Annexed Commercial Property shall also remain in the boundaries of the District, subject to the full power and authority of the District with respect to water, wastewater and drainage facilities and services. This annexation provision is in lieu of any annexation of residential property prior to the annexation of the entire District as provided in this Article. In accordance with TEX. LOCAL GOV’T CODE, Section 43.0751(r)(2), the District consents to noncontiguous annexation of the Annexed Commercial Property. 2.03 Annexation procedures. Because the District is, pursuant to this Agreement, an area that is the subject of a strategic partnership agreement, the City is not required to inclu de the District in an annexation plan pursuant to TEX. LOCAL GOV’T CODE, Section 43.052(h)(3)(B). Page 4 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx 2.04. Operations prior to full annexation. Prior to annexation of the entire District for full purposes, except as may be specifically provided in this Agreement or in the City Consent, the District is authorized to exercise all powers and functions of a municipal utility district provided by law, including, without limiting the foregoing, the power to incur additional debts, liabilities, or obligations, to construct additional utility facilities, or to contract with others for the provision and operation thereof, or sell or otherwise transfer property without prior approval of the City, and the exercise of such powers is hereby approved by the City. 2.05. Continuation of the District following full annexation. Upon full purpose annexation of the entire District under the provisions of Section 2.01 above, the District will continue to exist for an extended period to allow for the completion of District operations and the integration of the District’s utility system into the City’s utility system, following which period the City shall act to dissolve the District in accordance with applicable law. If the City has not elected for the District to continue as a Limited District and has not dissolved the District within 120 days after annexation, then the District shall be automatically dissolved on the 121st day after such annexation. At such time, the City will assume all rights, assets, liabilities and obligations of the District (including all obligations to reimburse the developers within the District) and the District will not be continued or converted for limited purposes. If the City elects to continue the District as a Limited District following full purpose annexation as provided in Section 2.01, the boundaries of the Limited District will be the same of those of the District, and the Limited District will continue to be called Brazos County Municipal Utility District No. 2. The District will continue to exist as a Limited District to allow for the completion of District operations and the integration of the District’s system into the City’s system and the retirement of District bonded indebtedness, following which period the City shall act to dissolve the District in accordance with applicable law. The District will continue as a Limited District for an initial term of up to ten years, and the City may extend this term for additional ten year periods prior to the expiration of the initial term or any renewal term. Until the dissolution of the Limited District, the Limited District will retain all District rights, assets, liabilities and obligations and shall operate in all respects in the same manner as prior to its conversion to Limited District, subject to the terms of this Agreement. The City may dissolve the Limited District at any time. At such time as the Limited District is dissolved, the City will assume all rights, assets, liabilities and obligations of the District. Upon full purpose annexation, fees and charges imposed on residents of the former District for services provided by the City shall be equal to those fees and charges imposed on all other residents of the City. 2.06. Limitation on incurring additional debt after annexation. After full purpose annexation of the District by the City, and without regard to whether the City has elected for the District to continue as a Limited District, the District or Limited District shall not incur additional debt, liabilities, or obligations which are not fully payable from currently budgeted funds and shall not sell or otherwise transfer property without approval of the City. 2.07. Attempted incorporation. Notwithstanding any provision herein to the contrary, in the event that an election is called pursuant to applicable law in connection with a bona fide petition Page 5 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx for incorporation of a municipality that includes a substantial portion of the District, the City shall be entitled to annex that portion the District attempting to incorporate. ARTICLE 3 LIMITED PURPOSE ANNEXATION OF LAND 3.01. Imposition of the City’s Sales and Use Tax. In the event the City elects to annex Commercial property for limited purposes as provided in Section 2.02 of this Agreement, the City shall impose its sales and use tax upon the Annexed Commercial Property pursuant to Subsection (k) of the Act. The sales and use tax shall be imposed on the receipts from the sale and use at retail of taxable items at the rate of one and one-half percent (1 ½ %) or the rate specified under future amendments to Chapter 321 of the Tax Code. The sales and use tax shall take effect on the date described in Tax Code §321.102. ARTICLE 4 DEFAULT, NOTICE AND REMEDIES 4.01. Default; notice. A breach of any material provision of this Agreement after notice and an opportunity to cure shall constitute a default. The non -breaching party shall notify the breaching party of an alleged breach, which notice shall specify the alleged breach with reasonable particularity. If the breaching party fails to cure the breach within a reasonable time not sooner than 30 days after receipt of such notice (or such longer period of time as the non-breaching party may specify in such notice), the non-breaching party may declare a default hereunder and exercise the remedies provided in this Agreement in the event of default. 4.02. Remedies. In the event of a default hereunder, the remedies of the non-defaulting party shall be limited to either or both of the following: a. Monetary damages for actual losses incurred by the non-defaulting party if such recovery of monetary damages would otherwise be available under existing law and the defaulting party is not otherwise immune from paying such damages; and b. Injunctive relief specifying the actions to be taken by the defaulting party to cure the default or otherwise comply with its obligations hereunder. Injunctive relief shall be directed solely to the default and shall not address or include any activity or actions not directly related to the default. ARTICLE 5 MISCELLANEOUS 5.01. Beneficiaries. This Agreement shall bind and inure to the benefit of the parties, their successors and assigns. This Agreement shall be recorded with the County Clerk in the Official Records of Brazos County, and shall bind and benefit each owner and each future owner of land included within the District’s boundaries in accordance with Tex. Local Gov’t Code, Section 43.0751(c). In the event of annexation of the District by the City, the Developer shall be considered a third-party beneficiary of this Agreement. Page 6 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx 5.02 Term. This Agreement shall commence and bind the parties on the effective date first written above and continue for thirty (30) years thereafter, unless terminated on an earlier date pursuant to other provisions or by express written agreement executed by the City and the District. Upon the expiration of the initial term, this Agreement may be extended, upon the mutual consent of the parties, for successive one-year periods until all land within the District has been annexed into the City. 5.03. Notice. Any notices or other communications (“Notice”) required to be given by one party to another by this Agreement shall be given in writing addressed to the party to be notified at the address set forth below for such party, (i) by delivering the same in person, (ii) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified, or (iii) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing “next day delivery”, addressed to the party to be notified, or (iv) by sending the same by electronic mail (“email”) with confirming copy sent by regular mail. Notice deposited in the United States mail in the manner hereinabove described shall be deemed effective from and after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, shall be as follows: City: City of College Station P. O. Box 9960 1101 Texas Ave. College Station, TX 77842 Attn: City Manager Email: __________ With a copy to: City of College Station P. O. Box 9960 1101 Texas Ave. College Station, TX 77842 Attn: City Attorney Email: __________ District: Brazos County Municipal Utility District No. 2 c/o Allen Boone Humphries Robinson 3300 Southwest Freeway, Suite 2600 Houston, Texas 77027 Attn: Jessica Holoubek Email: Jessica.holoubek@gmail.com The parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by giving at least five days’ written notice to the other parties. If any date or any period provided Page 7 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday. 5.04. Time. Time is of the essence in all things pertaining to the performance of this Agreement. 5.05. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable then, and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected. 5.06. Waiver. Any failure by a party hereto to insist upon strict performance by the other party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. 5.07. Applicable law and venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to conflicts of law principles. Venue shall be in Brazos County, Texas. 5.08. Reservation of rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws. 5.09. Further documents. The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further documents and do such further acts and things as the other party may reasonably request in order to carry out the terms of this Agreement. 5.10. Incorporation of exhibits and other documents by reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. 5.11. Effect of state and federal laws. Notwithstanding any other provision of this Agreement, the District and the City shall comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances or rules implementing such statutes or regulations, and such City ordinances or rules shall not be deemed a breach or default under this Agreement. 5.12. Authority for execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the City Charter and City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the Board of Directors of the District. SIGNATURE PAGES FOLLOW Page 8 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement effective as of the date first written above. CITY OF COLLEGE STATION, TEXAS By:________________________________ Mayor ATTEST: By:_________________________________ City Secretary THE STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the _____ day of ______________, ____, by _____________________________, City Manager of the City of College Station, Texas, on behalf of said city. ___________________________________ Notary Public, State of Texas (NOTARY SEAL) Page 9 of 9 \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\COLL\Attachments\99be1763-8648-42c0-895b-08846f7119c1.docx BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 By:________________________________ President, Board of Directors ATTEST: By:_____________________________ Secretary THE STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the _____ day of ______________, ____, by _____________________________, _______________________ of the Board of Directors of Brazos County Municipal Utility District No. 2, a political subdivision of the State of Texas, on behalf of said political subdivision. ___________________________________ Notary Public, State of Texas (NOTARY SEAL) City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:119-0432 Name:Elder Aid CDBG Contract 2019 Status:Type:Contract Agenda Ready File created:In control:8/7/2019 City Council Regular On agenda:Final action:8/22/2019 Title:Presentation, discussion, and possible action regarding approval of a contract granting Community Development Partnership Grant (CDBG) funds to Elder-Aid, Inc. in the amount of $463,026 for the purchase and rehabilitation costs related to the creation of four affordable rental units located at 3312- 3314 Normand and 3337-3339 Longleaf. Sponsors:Debbie Eller Indexes: Code sections: Attachments:CDBG Funding Ageement 2019 Elder-Aid Location Map Action ByDate Action ResultVer. Presentation,discussion,and possible action regarding approval of a contract granting Community Development Partnership Grant (CDBG)funds to Elder-Aid,Inc.in the amount of $463,026 for the purchase and rehabilitation costs related to the creation of four affordable rental units located at 3312 -3314 Normand and 3337-3339 Longleaf. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval of this Contract Summary: The City of College Station annually receives the Community Development Block Grant (CDBG)from the U.S.Department of Housing and Urban Development.CDBG is utilized to address the growing need for more affordable,decent housing units,creating a suitable living environment,and expanding economic opportunities,principally for low-and moderate-income residents.RFP 19-080 was released on June 11, 2019 to seek proposals for the development of affordable housing Two responses were received,including a proposal from Elder-Aid,Inc.Elder-Aid,Inc.currently has a rental program that includes ownership and management of multiple properties that provide affordable rental opportunities for seniors.Their proposal includes the expansion their current rental program to two duplexes located at 3312-3314 Normand and 3337-3339 Longleaf. This contract will grant funds to Elder-Aid,Inc.in the amount of $463,026.00.With these funds,Elder -Aid,Inc.will acquire and rehabilitate two duplexes located at 3312-3314 Normand and 3337-3339 College Station, TX Printed on 8/16/2019Page 1 of 2 powered by Legistar™ File #:19-0432,Version:1 Longleaf and making them available for lease to income-eligible senior households. Budget & Financial Summary: This contract commits $463,026.00 of unobligated CDBG funds from Program Year 2018.These funds will be provided to Elder-Aid,Inc.on a reimbursement basis and are budgeted and available through the Community Development FY 2019 (PY 2018)federal Community Development Block Grant Program budget. Attachments: Attachment 1: Contract and Grant for CDBG Programs Attachment 2: Location Map College Station, TX Printed on 8/16/2019Page 2 of 2 powered by Legistar™ https://collegestation.legistar.com/View.ashx?M=F&ID=7594681&GUID=79D19749-FC51-4CAF-941C-18F9C0C9731B[8/16/2019 8:40:31 AM] Embedded Secure Document The file https://collegestation.legistar.com/View.ashx?M=F&ID=7594681&GUID=79D19749-FC51-4CAF-941C- 18F9C0C9731B is a secure document that has been embedded in this document. Double click the pushpin to view. View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=7594682&GUID=29009655-06DB-4AF2-8F0C-1E2E007EFC3A[8/16/2019 8:40:34 AM]