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..
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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.
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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
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File #:19-0438,Version:1
• August 14, 2019 Budget
College Station, TX Printed on 8/16/2019Page 2 of 2
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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.
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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.
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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
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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
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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
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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
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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
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• 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.
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File #:19-0393,Version:2
Attachments: Invoke Contract
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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.
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File #:19-0408,Version:1
Budget & Financial Summary:
Funds are budgeted and available in the Electric Capital Improvement Project Budget.
Attachments:
1.Bid Tab
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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
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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
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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
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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
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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
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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
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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:
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File #:19-0448,Version:2
1. Census Support Resolution
College Station, TX Printed on 8/16/2019Page 2 of 2
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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.
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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
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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
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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.
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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
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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).
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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
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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.
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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
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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
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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)
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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
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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
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