HomeMy WebLinkAbout02/24/2011 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Item 2a - Minutes
JM020811 7
WKSHP021011 11
RM021011 17
Item 2b - Charter Review
Coversheet revised 22
Ordinance 23
Item 2c - Sunset Review Committee
Coversheet revised 25
Ordinance 26
Item 2d - Agreement with the Brazos Valley Softball Umpires
Association for Officiating Services for City Athletic Leagues and
Programs
Coversheet revised 29
1 - 09-085 Brazos Valley Softball Umpires Assoc 30
2 - 09-085AMD#1 Brazos Valley Umpires_1 37
3 - Renewal Acceptance Signed by Legal 41
4 - BVSUA Insurance Cert 2011 45
Item 2e - ILA Between COCS and BVSWMA Inc. for College
Station to Sponsor BVSWMA Inc, as an Associate Member of
the BVWACS
Coversheet revised 46
ILA_College Station sponsorship of BVSWMA as
BVWACS Associate Member 47
Item 2f - Economic Development Agreement between the City
of College Station and GEG Productions, LLC.
Coversheet revised 57
2 - Resolution Duck Jam Agreement 58
3 - Duck Jam Agreement Revised 2-24-11 59
Item 2g - City of College Station Advance Funding Agreement
for the Mayday Challenge Bike Race
Coversheet revised 68
Resolution 69
Advanced Funding Agreement 70
Item 2h - Ambulance Billing Services
Coversheet revised 82
Amendment and Renewal 83
Item 2i - Debt Reimbursement Resolution for 2008 GOB
Projects
Coversheet revised 85
Resolution 86
Item 2j - Fair Housing Ordinance Changes
Coversheet revised 89
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Attachment 1 - Ordinance Amendment 90
Item 2k - Texas Department of Transportation Reimbursement
Coversheet revised 97
Resolution 98
Request from TxDOT 99
Item 2L - 2008 Homeland Security Grant Adjustment Notice
Coversheet revised 110
Resolution 111
Item 2m - Clinical Affiliation Agreement with TEEX
Coversheet revised 112
Resolution 113
No. 1 - 1280 Harvey Mitchell Parkway Rezoning Request
Coversheet revised 119
Maps & Photos 125
Background Info 127
P&Z Minutes 128
Ordinance 132
No. 2 - Bicycle, Pedestrian, and Greenways Master Plan
Coversheet revised 137
Review Information 138
No. 3 - Amendment to the Unified Development Ordinance,
Section 11.2 “Definitions” related to Mobile Food Vendors
Coversheet revised 140
P&Z Minutes 141
Ordinance 145
No. 4 - Amendment to the Code of Ordinances, Chapter 4
“Business Regulations,” related to Mobile Food Vendors and
Itinerant Vendors
Coversheet revised 147
P&Z Minutes 148
Ordinance 152
Ordinance 2 160
No. 5 - Arts Council Building Purchase and Use Agreements
Coversheet revised 172
No. 6 - Eight (8) Months Arts Council of Brazos Valley
Operations & Maintenance Funding Agreements
Coversheet revised 173
No. 7 - BVSWMA appointment
Coversheet revised 174
2
Mayor Council members
Nancy Berry Jess Fields
Mayor Pro Tem Dennis Maloney
John Crompton Katy-Marie Lyles
City Manager Dave Ruesink
David Neeley Jana McMillan
Agenda
College Station City Council
Regular Meeting
Thursday, February 24, 2011 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack
other speakers, Council or staff.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion of minutes for February 8, 2011 COCS & CSISD Joint
Meeting and February 10, 2011 Workshop and Regular Council Meeting.
b. Presentation, possible action, and discussion on an ordinance providing for the creation of a Citizens’
Charter Review Advisory Commission, providing for seven (7) members, determining the term of office,
providing for their duties and method of appointment.
c. Presentation, possible action, and discussion on an ordinance providing for the creation of a Sunset
Advisory Commission, providing for seven (7) members, determining the term of office, providing for their
duties, and method of appointment.
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City Council Regular Meeting Page 2
Thursday, February 24, 2011
d. Presentation, possible action, and discussion regarding renewal of an Agreement for Services with the
Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues,
programs and tournaments (Contract Number 09-085) in an amount not to exceed $183,900.00 per year.
e. Presentation, possible action, and discussion regarding approval of an Interlocal Agreement between the
City of College Station and BVSWMA Inc. detailing City of College Station sponsorship of BVSWMA, Inc.
as an Associate Member of the Brazos Valley Wide Area Communications Service (BVWACS).
f. Presentation, possible action, and discussion regarding an economic development agreement between the
City of College Station and GEG Productions, LLC. for the Presenting Title Sponsorship of the annual Duck
Jam event.
g. Presentation, possible action, and discussion on an Advance Funding Agreement (AFA) for the City of
College Station‘s participation in the costs of the Mayday Challenge, a bike race organized by Junction 505.
h. Presentation, possible action and discussion on a contract amendment and renewal for year 2 to provide
ambulance billing services with Emergicon in an amount not to exceed $85,000.
i. Presentation, possible action, and discussion regarding approval of a “Resolution Declaring Intention to
Reimburse Certain Expenditures with Proceeds from Debt” for expenditures related to projects authorized as
part of the 2008 General Obligation Bond (GOB) package.
j. Presentation, possible action, and discussion regarding the proposed changes to the City’s Fair Housing
Ordinance.
k. Presentation, possible action, and discussion regarding a resolution approving the reimbursement of costs
to the Texas Department of Transportation (TXDOT) for the BS 6 (Texas Avenue) project and the FM2154
(Wellborn Widening) project. Reimbursement costs are $99,246.51 on the BS 6 (Texas Avenue) project and
$235,391.37 on the FM2154 (Wellborn Widening) project. The reimbursement request from TXDOT totals
$334,637.88.
l. Presentation, possible action and discussion regarding the approval of a resolution accepting from the
Texas Division of Emergency Management (TDEM) the 2008 Homeland Security Grant Adjustment Notice
(GAN).
m. Presentation, possible action and discussion regarding the approval of a resolution to participate in a
Clinical Affiliation Agreement with the Texas Engineering Extension Service (TEEX) for the Emergency
Medical Services Program.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
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City Council Regular Meeting Page 3
Thursday, February 24, 2011
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action and discussion regarding a Rezoning for 1280 Harvey Mitchell
Parkway of 6.21 acres from R-1 Single-Family Residential to C-1 General Commercial and R-4 Multi-Family
Residential, generally located at the intersection of Luther Street and Harvey Mitchell Parkway.
2. Public Hearing, presentation, possible action and discussion on the Annual Review of the Bicycle, Pedestrian
and Greenways Master Plan.
3. Public Hearing, presentation, possible action, and discussion regarding an amendment to the Unified
Development Ordinance, Section 11.2 “Definitions” related to Mobile Food Vendors.
4. Public Hearing, presentation, possible action, and discussion regarding an amendment to the Code of
Ordinances, Chapter 4 “Business Regulations,” related to Mobile Food Vendors and Itenerant Vendors.
5. Presentation, possible action and discussion on a purchase agreement and use agreement between the City of
College Station and the Arts Council of Brazos Valley for the Arts Council Building located at 2275 Dartmouth
Drive.
6. Presentation, possible action and discussion on two (2) operations and maintenance funding agreements
between the City of College Station and the Arts Council of Brazos Valley for the last 8 months of FY11
(February 1, 2011 – September 30, 2011) totaling $78,058.34.
7. Presentation, possible action, and discussion on appointments to fill vacancies on the following committees
and boards:
BVSWMA Policy Advisory Board
Library Board
8. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, February 24, 2011 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
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City Council Regular Meeting Page 4
Thursday, February 24, 2011
Posted this 21st day of February, 2011 at 5:00 p.m.
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website,
www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on February 21, 2011 at 5:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2011 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2011.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
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JM020811 Minutes Page 1
MINUTES OF THE JOINT MEETING WITH
THE BOARD OF TRUSTEES, COLLEGE STATION INDEPENDENT SCHOOL DISTRICT
AND CITY OF COLLEGE STATION CITY COUNCIL
FEBRUARY 8, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Jana McMillan
Dave Ruesink
City Staff:
David Neeley, Interim City Manager
Kathy Merrill, Assistant City Manager
Sherry Mashburn, City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Joint Meeting with the Board of Trustees of the College Station
Independent School District and the College Station City Council was called to order by Mayor
Nancy Berry at 6:04 p.m. on Tuesday, February 8, 2011 in the CSISD Transportation Services
Center, 9304 Rock Prairie Road, College Station, Texas 77840.
2. Consideration, discussion and possible action related to current CSISD Construction
Projects and current/future College Station roadway projects related to school openings.
Clark Ealy, Deputy Superintendent, reported on the 2009 bond referendum. $144.2 million was
approved, with 70% voting in favor. The bond referendum was for construction of the Support
Services Facility, Phase 1 (Transportation Center); the eighth elementary school; the second high
school; purchase of twenty-eight buses; and other projects. The Transportation Center was
opened August 2010, and any issues were resolved through City and School District coordination
meetings held every four to six weeks. The Greens Prairie Elementary is the exemplar of
City/School District cooperation. It was annexed into the City in the summer of 2010.
Improvements were made to Royder Road and Greens Prairie Trail. An interlocal agreement
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JM020811 Minutes Page 2
ensures sewer capacity for up to four facilities on the Nelson and Eidson tracts. The school will
deed two square acres from the Eidson tract on Royder Road for a future fire station. When that
tract is deeded, the City will reimburse the district for half of the expenses incurred for
expanding fiber to the area; the district will pay all expenses on the front end. The school is
scheduled to open August 2011. Construction on the College Station High School is underway.
Barron Road is being widened, and the City has purchased the right-of-way for Barron and the
corner clip at Victoria. Victoria will also be extended. The project is on budget with a
completion date of June 2012. Dr. Ealy also reviewed the planning process for renovations to
A&M Consolidated High School. They are looking to provide the necessary space for the
expanded Career and Technology programs. They plan to bring the open space use concept from
the College Station High School to this campus as well as addressing the electrical and HVAC
infrastructure and re-designing the entrance to the gyms to improve the movement of students in
the building. The A&M College Station Middle School and Oakwood Intermediate School are
the final major projects from a 2007 bond issue. They will be improving the traffic flow in the
area.
Chuck Gilman, Director of Capital Projects, discussed transportation projects as they related to
the new school facilities. William D. Fitch has been completed. The expansion of Barron
Road is being widened from Decatur to Barron Cut-Off with four travel lanes, and a raised
center median. It will include bike lanes and sidewalks, with a final completion date of July
2012. Victoria Avenue will be extended from its terminus to William D. Fitch with two travel
lanes and a continuous center turn lane. It will include bike lanes and sidewalks, with a final
completion date of February 2012. Improvements to Royder Road and Greens Prairie Trail
include new pavement, sidewalks, drainage improvements along Royder Road south of Greens
Prairie, a deceleration lane, and dedicated left turn lanes. Construction is expected to be
completed July 2011.
3. Consideration, discussion and possible action related to current and potential
partnership agreements and interlocal agreements between CSISD and the City of College
Station and other potential entities.
Greg McIntyre, Deputy Superintendent for Curriculum and Instruction, highlighted the
collaborative efforts between the School District and the City. There are 10,400 students on
thirteen campuses. Some of the collaborative programs include Kids Klub, City basketball and
volleyball, Xtra Ed classes, Police and Fire personnel exams, school resource officers, parks and
natatorium, etc. Collaboration is expected to continue with fiber, construction projects and
emergency radio.
4. Consideration, discussion and possible action related to how the City of College Station
determines placement/location of hike and bike trails.
Bob Cowell, Director of Planning and Development, walked everyone through the planning
process and provided maps of proposed sidewalks, bicycle facilities and multi-use paths.
Location is determined by focusing on three criteria: (1) connectivity to the TAMU system; (2)
connectivity with CSISD campuses; and (3) connectivity with parks.
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JM020811 Minutes Page 3
5. Presentation, discussion and possible action related to the CSISD and City of College
Station budgets and contingency plans for state budget reductions.
Eddie Coulson, Superintendent of Schools, reported that the state budget deficit is $15 billion -
$27 billion, and public education comprises 44% of the state budget. Initial House and Senate
budget reductions have cut public education by $9 billion state-wide. $100,000 for teaching and
administrative support positions will be lost. Public education will be impacted if the system
remains the same, student growth is not funded, or if the district budget is reduced. CSISD has
$29,198,000 in their fund balance. The M&O budget for 2010-2011 is $74.5 million. 82% of
the M&O budget is related to personnel costs. CSISD has prepared three plans. Plan A reduces
the budget $2 million; Plan B reduces the budget $4.5 million over two years; and Plan C
reduces the budget $6.4 million over two years. These plans will create a budget deficit of $2.5
million for 2011-2012 and $4.5 million for 2012-2013, reducing the fund balance to about $20
million. These projections include an assumption that the M&O tax rate will be raised by $0.04
per $100 of valuation over the next two years. These plans eliminated the Capital Projects
budget by $1 million, cut the utility budget by $100,000, cut substitute teachers by $80,000, and
combined bus routes to save $75,000. They are also exploring other areas of reduction, such as
operational efficiencies and general education staffing. Their goal is to affect the individual
classroom as little as possible; take care of the employees by handling reductions through
attritions and reassignment (ensuring that everyone has a job, but not necessarily the same job);
and communicating throughout the process.
Jeff Kersten, Chief Financial Officer, reported that the City budget has seen reductions the past
three years. The current fiscal year eliminated vacant positions, reduced overtime, and travel and
training. The City has also delayed or reduced equipment replacement. Building and technology
maintenance has been reduced, as well as reductions in service. The City has looked at different
ways to do things, such as through outsourcing.
6. Consideration, discussion and possible action related to the CSISD School Bus
Advertisement Program.
Chuck Glenwinkle, Director of Communications, reported on CSISD advertising. They did not
want to add any overhead when creating a revenue source or any additional duties to staff. They
are proposing to provide advertising on buses, the web, and at athletic facilities. The district will
have the final right of refusal. Estimated revenue reflects seventy buses with a 50/50 split with
an ad company. They are projecting revenue of $700 per month per bus, for about $4,900 per
month, or $44,000 per year. There is an additional $6,300 - $15,000 per year for web
advertising. The RFP went out on February 4, and the bid opening will be March 1.
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JM020811 Minutes Page 4
7. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the Joint Meeting with the
Board of Trustees of the College Station Independent School District and the College Station
City Council at 8:00 p.m. on Tuesday, February 8, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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WKSHP020811 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
FEBRUARY 10, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Jana McMillan
Dave Ruesink
City Staff:
David Neeley, Interim City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, Interim City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Nancy Berry at 3:02 p.m. on Thursday, February 10, 2011 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Presentation, possible action, and discussion on items listed on the consent agenda.
Items 2h, 2j, and 2o were pulled from the Consent Agenda.
2h: David Coleman, Director of Water Services, explained this was the final step in the process.
2j: Ben Roper, Director of Technology Services, reported that IT does not have the tools or the
expertise to install a security system.
2o: David Schmitz, Director of Parks and Recreation, explained that this involves federal
dollars. Costs were overestimated, and we still have grant money available.
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WKSHP020811 Minutes Page 2
2. Presentation, possible action, and discussion regarding the proposed changes to the
City’s Fair Housing Ordinance.
David Gwin, Director of Economic and Community Development, reported on the changes to
the City’s Fair Housing ordinance. The ordinance is required for participation in HUD
programs. The Federal Housing Act is the Title 8 section in the Civil Rights Act and prohibits
discrimination in housing based on several protected classes. Exemptions include owner-
occupied buildings with no more than four units and single family housing sold or rented without
a broker. Both the federal and state acts protect these protected classes, and our ordinance did
mirror these acts, but with recent changes needs to add familial status and handicapped to match
the current sections in the federal and state acts. This change would prohibit discrimination of
financing of housing based on protected status and provide additional protection for disabled
persons or familial status. Some additional protected classes to consider are sexual orientation,
gender identity, status as a student, age, etc. A federal rule that consider sexual orientation and
gender identity are being considered as protected class by HUD programs.
MOTION: Upon a motion by Councilmember Maloney and seconded by Councilmember
Ruesink, the City Council voted seven (7) for and none (0) opposed, to add familial status and
handicapped to match the current sections in the federal and state acts. The motion carried
unanimously.
3. Presentation, possible action, and discussion regarding a joint meeting of the City
Council and the Cemetery Committee to consider Ordinance 2011-3315, amending the
College Station Code of Ordinances, Chapter 1 “General Provisions”, Section 29 “College
Station Cemetery Rules and Regulations”, Sub-Sections H: Plantings and Other
Decorations in City Cemeteries and Sub-Section M: Rules Enforcement.
Weldon Kruger, Cemetery Committee chair, called the joint meeting of the Cemetery Committee
and City Council to order at 3:25 p.m. on Thursday, February 10, 2011. Two changes have been
proposed related to aesthetics and ease of maintenance. The committee recommends limiting the
number of items per space to two, and to remove the existing variance request process located in
Sub-Section M. He reported the committee was unanimous in their recommendations.
MOTION: Upon a motion by Councilmember Crompton and seconded by Councilmember
Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields
voting against, to adopt Ordinance 2011-3315, amending the College Station Code of
Ordinances, Chapter 1 “General Provisions”, Section 29 “College Station Cemetery Rules and
Regulations”, Sub-Sections H: Plantings and Other Decorations in City Cemeteries and Sub-
Section M: Rules Enforcement. The motion carried.
Chair Kruger adjourned the Cemetery Committee at 3:55 p.m.
4. Presentation, possible action, and discussion regarding the content of the draft Impact
Fee Report for potential “system capacity” impact fees for Water and Wastewater.
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WKSHP020811 Minutes Page 3
Dave Coleman, Director of Water Services, updated the Council on the impact fee report and
stated the rate credit calculations are complete with maximum fees established.
Jeff Kersten, Director of Finance, reported on how impact fees affect utility rates. Assumptions
included collecting impact fees for five years, assuming a capital project in the amount of $10
million, and considering various funding sources. The assumption used was $1 million cash with
impact fees at the maximum of $1,480 for 500 LUE’s for water and $1,578 for 600 LUE’s for
waste water. They also assumed a long term debt of twenty years with a 5% interest rate. For a
capital project for water, they concluded that with no impact fee, the annual debt service would
be $715,000 with a rate increase of 5.6%. With impact fees, the annual debt service would be
$420,000 with a rate increase of 3.3%. The necessary rate increase for a $10 million waste
water capital project would be 6.1% without impact fees and 2.9% with impact fees.
Dave Coleman provided additional information regarding sewer line capacity. As sewer lines
reach capacity, the City’s funding options are: (1) tell the developer that City sewer service is
not available; (2) enact a rate increase to get a CIP done quickly; (3) create additional impact fee
lines along with a rate increase; and (4) use a combination of impact fees and a rate increase.
Having sewer overflows in NOT an option. Staff recommends implementing water/wastewater
impact fees at $400 each, and zero out the five existing impact fees. Planning and Zoning
recommends implementing impact fees at zero each. This preserves our ability to enact fees for
five years. They also recommended keeping the existing impact fee lines as they are.
5. Council Calendar
· February 11-13 AMCC Elected Official Conference in Austin, 8:00 a.m.
· February 14 TML Legislative Briefing in Austin, 8:00 a.m.
· February 17 Audit Committee Meeting in Administrative Conference Room, 5:00
p.m.
· February 24 City Council Workshop/Regular Meeting 3:00 p.m. & 7:00 p.m.
There was no discussion.
6. Presentation, possible action, and discussion on future agenda items: a Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Councilmember Fields requested a workshop item regarding the City facilitating community
involvement in non-profit organizations. Council consensus was to go forward. He also
requested a workshop item to consider placing non-binding referenda on the May ballot.
Examples could be the convention center, city-owned property, the city hall project, and the
Starlight music series continuing at the same level of funding. There was no consensus.
Councilmember Fields requested an item to place on the May ballot de-authorization of the 2003
bond to build city hall. There was no consensus. He then requested an item to put on the May
ballot the city hall proposal. There was no consensus.
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Mayor Berry requested an item to discuss the disposal of city property. Council consensus was
to go forward.
7. Discussion, review and possible action regarding the following meetings: Arts Council of
the Brazos Valley, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board,
Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Wide
Area Communications Task Force, BVSWMA, BVWACS. Cemetery Committee, Code
Review Committee, Design Review Board, Historic Preservation Committee, Interfaith
Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review
Committee, Landmark Commission, Library Board, Mayor’s Council on Physical Fitness,
Mayor’s Development Forum, Metropolitan Planning Organization, National League of
Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and
Zoning Commission, Research Valley Partnership, Regional Transportation Committee for
Council of Governments, Signature Event Task Force, Sister City Association, TAMU
Student Senate, Texas Municipal League, Transportation Committee, Wolf Pen Creek
Oversight Committee, Zoning Board of Adjustments.
Mayor Berry reported on the Mayors’ Council on Physical Fitness; they are collaborating with
the Bicycle, Pedestrian and Greenways Advisory Board bike race in May. The Metropolitan
Planning Organization met, and she was elected as the new chair. They passed a bylaw change
to allow elected officials serving on the policy committee to appoint another member of their
elected body to serve in their place. They also discussed the Wellborn overpass.
Councilmember Lyles reported that the Health Board will meet the 23rd, and the
Intergovernmental Committee will meet in February. Things are going well with the Bench
program with the Arts Council.
Councilmember Maloney reported that the Bicycle, Pedestrian and Greenways Advisory Board
looked over the proposed sidewalk projects and multi-use paths and the May bike race.
8. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.074-Personnel Matters, and §551.087 – Deliberation Regarding Economic Development
Negotiation, the College Station City Council convened into Executive Session at 5:00 p.m. on
Thursday, February 10, 2011 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
· City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway
60 area, near Brushy Water Supply Corporation to decertify City of College Station and
certify City of Bryan
· Water CCN / 2002 Annexation / Wellborn Water Supply Corporation
· Clancey v. College Station, Glenn Brown, and Kathy Merrill
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· Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, Cause No. 09-000656-
CV361
· Timothy Delasandro et al v. City of College Station et al; Cause No. 11-000240-CV-272
· City of College Station, Texas, v. Virtual Equity Group, Inc, et al relating to nonpayment
of hotel occupancy taxes for College Station Inn
· Weingarten Realty Investors v. College Station, Ron Silva, David Ruesink, Lynn
McIlhaney, and Ben White
B. Consultation with Attorney to seek legal advice; to wit:
· Legal Issues Related to Wellborn Annexation
· Legal Issues Related to Recall Petitions
· Legal Issues of purchase and lease back to Arts Council
C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
· City Manager
· City Council Self-Evaluation
· City Attorney
D. Deliberation regarding economic development negotiations; to wit:
· Global Event Group
The Executive Session adjourned at 7:53 p.m. on Thursday, February 10, 2011.
The following action was required from Executive Session.
MOTION: Upon a motion by Mayor Berry and seconded by Councilmember Crompton, the
City Council voted seven (7) for and none (0) opposed, to appoint David Neeley as City
Manager. The motion carried unanimously.
MOTION: Upon a motion by Mayor Berry and seconded by Councilmember Maloney, the City
Council voted seven (7) for and none (0) opposed, to appoint Carla Robinson as City Attorney.
The motion carried unanimously.
9. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 7:04 p.m. on Thursday, February 10, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
15
WKSHP020811 Minutes Page 6
16
RM021011 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
FEBRUARY 10, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Jana McMillan
Dave Ruesink
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, 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 Nancy Berry at 7:04 p.m. on Thursday, February 10, 2011 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
1. Pledge of Allegiance, Invocation, consider absence request.
· Citizen Comments
Linda Harvell, 504 Guernsey, stated she is a 1965 A&M Consolidated High School alumni. She
provided a packet of information on the building currently known as the Annex. It was built in
1940 and was the Music Room. She has memories as a child of lying on the floor with sunlight
coming through the windows as she finger painted. This building is over 70 years old. The
perception there is no historical value is wrong. The City has placed it on the chopping block.
She, and others, would like to see the Music Room preserved as the College Station Museum of
17
RM021011 Minutes Page 2
History. The City’s 75th anniversary is coming up in 2013. What better way to celebrate, than to
have this structure housing our history? There are many wanting to help save this facility by
providing in-kind services. This is not your history, it is ours. She also requested a plaque in
memory of Frank Coulter as tribute to the educators that made an impact in our lives.
Kate Flournoy, 7 Rainsway, Houston, TX, reported that she was the victim of an expensive
crime. The incident occurred in her apartment complex; the LED lights were stolen from her car.
She informed the police, but they were not aware that LED lights were being stolen across
Texas. She suggested that the police department maintain better contact with other cities
regarding the types of crimes being committed and urged citizens to inform the police when
crimes occur.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for January 21, 2011 Council
Retreat and January 27, 2011 Workshop and Regular Council Meeting.
2b. Presentation, possible action, and discussion of Ordinance 2011-3316, calling a Special
Election to recall Mayor Nancy Berry, Councilmember Katy-Marie Lyles, Place 4, and
Councilmember Dave Ruesink, Councilmember, Place 6.
2c. Presentation, possible action and discussion on the third and final reading of a franchise
agreement amendment with Brazos Valley Recycling to add the collection of food waste for the
purpose of recycling, multifamily apartments and commercial businesses to its agreement. City
Council Regular Meeting Page 2 Thursday, February 10, 2011
2d. Presentation, possible action, and discussion on Resolution 02-10-11-2d, approving a new
Certificate of Authorized Persons to replace the existing certificate on the Third Party
Custodian Agreement between the City of College Station, Citibank, N.A., and The Bank of
New York Mellon Trust Company, N.A., and authorizing the Mayor to execute the new
Certificate of Authorized Persons.
2e. Presentation, possible action, and discussion on Resolution 02-10-11-2e, approving a new
Certificate of Authorized Persons to replace the existing certificate on the Custody Agreement
between the City of College Station and The Bank of New York Mellon, and authorizing the
Mayor to execute the new Certificate of Authorized Persons.
2f. Presentation, possible action and discussion on Resolution 02-10-11-2f, amending the
authorized representatives at TexPool.
2g. Presentation, possible action and discussion on Resolution 02-10-11-2g, amending the
authorized representatives at Texas Short Term Asset Reserve (“TexSTAR”).
2h. Presentation, possible action, and discussion regarding Resolution 02-10-11-2h, to hold the
second public hearing for potential “system capacity” impact fees for Water and Wastewater.
2i. Presentation, possible action, and discussion on the renewal for the rental of heavy
equipment with Mustang Rental Services of Bryan, TX in the amount of $75,000 annually.
18
RM021011 Minutes Page 3
2j. Presentation, possible action, and discussion regarding a contract for City Hall Building
Security, including card reader access and video surveillance, as supplied by Siemens Industry
Inc., at a cost of $66,740.
2k. Presentation, possible action and discussion regarding the annual traffic contact report
required annually by Senate Bill 1074, of the Texas 77th legislative session.
2l. Presentation, possible action, and discussion Semi-Annual Report on Impact Fees 92-01, 97-
01, 97-02B, 99-01, 03-02.
2m. Presentation, possible action and discussion regarding the approval of the 2011 State
Homeland Security grant applications.
2n. Presentation, possible action and discussion regarding the amendment of an Interlocal
Agreement (ILA) between the Cities of College Station and Bryan for the design costs of a
traffic signal at the intersection of Wellborn Road with F&B and Old College. This amendment
will result in an increase to the existing ILA, and will not exceed $15,000.
2o. Presentation, possible action, and discussion on Resolution 02-10-11-2o for a construction
contract with Marek Brothers Construction, Inc., in the amount of $77,971 for lighting
upgrades (LED lights to replace metal halide lights) at Wayne Smith Ball field parking lot and
Veterans Park and Athletic complex, GG-1012 and GG-1013.
2p. Presentation, possible action and discussion on Resolution 02-10-11-2p for a construction
contract with Marek Brothers Construction, Inc., in the amount of $99,890, project #PK-1103,
for site improvements in W.A. Tarrow Park.
Items 2d, 2e, 2f, 2g, and 2h was pulled from the consent Agenda.
MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to approve
the Consent Agenda, less items 2d, 2e, 2f, 2g, and 2h. The motion carried unanimously.
(2d-2g)MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to amend
David Neeley’s title from “Interim City Manager” to “City Manager” in each of the resolutions.
The motion carried unanimously.
(2h)MOTION: Upon a motion made by Councilmember Maloney and a second by
Councilmember Crompton, the City Council voted five (5) for and two (2) opposed, with
Councilmembers Fields and McMillan voting against, to adopt Resolution 02-10-11-2h, calling
the second public hearing for potential “system capacity” impact fees for Water and Wastewater.
The motion carried.
19
RM021011 Minutes Page 4
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion on Ordinance 2011-3317
Budget Amendment #1, amending ordinance number 3290 which will amend the budget
for the 2010-2011 Fiscal Year in the amount of $3,187,407 and presentation, possible action
and discussion on two interfund transfers, one interdepartmental transfer, personnel
transfers and the encumbrance roll.
At approximately 7:24 p.m. Mayor Berry opened the Public Hearing.
Gary Ives, 3943 Blue Jay Court, president of the Spring Brook HOA board of trustees stated
their support of the line item authorizing spending up to $50,000 for the preliminary engineering
report of the Lick Creek bike trail. The neighborhood has concerns regarding safety, flood
protection, homeowner insurance, preservation of the natural surroundings, and the role of the
City in the future management of the area. The HOA formed the Lick Creek Committee, who
was charged with objective data gathering. The engineering report could fit hand in glove with
the committee. The HOA wants to be fully involved in the process and wants transparency.
They want open access to the study. They welcome the opportunity to share their own studies
conducted in the recent past and any compiled in the future.
Sherry Ellison, 2705 Brookway, stated her support of the budget amendment to fund a
preliminary engineering report to study the Lick Creek bike trail. This will determine current
conditions and the best possible paths for connectivity of the southwest area to the southeast.
Neighborhood issues are valid issues. This study will give recommendations for placement in or
out of the flood plain. It will be a study of the whole trail, not just one section.
There being no further comments, the Public Hearing was closed at 7:32 p.m.
MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, approve
items 2, 5, 6, 8, and 9 of Ordinance 2011-3317 Budget Amendment #1. The motion carried
unanimously.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Crompton, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields
voting against, to approve item 1 of Ordinance 2011-3317 Budget Amendment #1. The motion
carried.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Crompton, the City Council voted five (5) for and two (2) opposed, with Councilmembers Fields
and McMillan voting against, to approve item 3 of Ordinance 2011-3317 Budget Amendment
#1. The motion carried.
MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Berry,
the City Council voted seven (7) for and none (0) opposed, to approve item 4 of Ordinance 2011-
3317 Budget Amendment #1. The motion carried unanimously.
20
RM021011 Minutes Page 5
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Lyles, the City Council voted five (5) for and two (2) opposed, with Councilmembers Fields and
McMillan voting against, to approve item 7 of Ordinance 2011-3317 Budget Amendment #1.
The motion carried unanimously.
2. Public Hearing, presentation, possible action and discussion concerning approval to
proceed with an advertisement to solicit construction bids for improvements to Victoria
Avenue from its current terminus to SH 40 (William D. Fitch Parkway).
At approximately 7:50 p.m. Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:50 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to proceed with an
advertisement to solicit construction bids for the construction of Victoria Avenue, without a
paving assessment, from its current terminus to SH 40 (William D. Fitch Parkway). The motion
carried unanimously.
3. Presentation, possible action, and discussion on appointments to fill vacancies on the
following committees and boards:
· Convention and Visitors Bureau
· Audit Committee
Peggy Callahan was appointed to the Convention and Visitors Bureau.
There was no appointment to the Audit Committee.
4. Adjournment.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Maloney,
the City Council voted seven (7) for and none (0) opposed, to adjourn the Regular Meeting of the
City Council at 8:00 p.m. on Thursday, February 10, 2011. The motion carried unanimously.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
21
February 24, 2011
Consent Agenda Item No. 2b
Charter Review
To: Mayor and Council
cc: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion on an ordinance providing
for the creation of a Citizens’ Charter Review Advisory Commission, providing for seven (7)
members, determining the term of office, providing for their duties and method of
appointment.
Recommendation: Staff recommends approval of the ordinance and requests
authorization to proceed with accepting member applications, with a deadline of March 9.
Council would consider appointments at the March 10 meeting.
Summary: The current city charter was substantially revised in 2003 with the College
Station City Council serving as the review committee. Approximately seven months of
extensive review by the City Attorney and City Department Heads was necessary to
complete the process. Twenty-six sections related to statutory and policy updates, and
particularly the term length for City Council members, were submitted to the voters within
six propositions.
A comprehensive review of the charter is a lengthy process, and most probably, proposed
amendments to the current charter will not go before the voters until May 2012.
Financial Summary: The base cost for a city general election is approximately $35,000.
Depending on the number of charter amendments, the cost of publishing the notice of
election could add a considerable amount to the base cost of the election. Council may also
want to consider budgeting for marketing/advertising the proposed charter amendments,
but that cost can be kept low by utilizing in-house Public Communications experts and
available technology, e.g. PSA’s on the public access channel, the blog, City website, etc.
Attachments:
Draft Ordinance
22
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING FOR
THE CREATION OF A CITIZENS’ CHARTER REVIEW ADVISORY COMMISSION;
PROVIDING FOR SEVEN (7) MEMBERS; DETERMINING THE TERM OF OFFICE;
PROVIDING FOR THEIR DUTIES AND METHOD OF APPOINTMENT
WHEREAS, the City of College Station City Charter was last substantially revised in 2003; and
WHEREAS, there has not been a Citizens’ Charter Review since 1992, and
WHEREAS, the City Council desires to create a Citizens’ Charter Review Advisory
Commission for the complete and thorough review of the Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS, THAT:
SECTION 1: There is hereby created a Citizens’ Charter Review Advisory Commission in
accordance with Article XII, Section 131 of the City Charter and state law.
SECTION 2: The Citizens’ Charter Review Advisory Commission members will elect a
chairperson and vice-chairperson within thirty (30) days after their appointment.
SECTION 3: The term of office of the Citizens’ Charter Review Advisory Commission shall be
nine (9) months, and, if during such term no report is presented to the City Council, then all
records of the proceedings of such commission shall be filed with the person performing the
duties of the City Secretary and shall become public record.
SECTION 4: The City Council shall provide direction to the Citizens’ Charter Review
Advisory Commission as to the charter provisions to be reviewed. The duties of the Citizens’
Charter Review Advisory Commission shall be to:
(1) Inquire into the operation of City government under the charter provisions and determine
whether any such provisions require revision. To this end, public hearings may be held;
and the commission, upon agreement of a majority of the Citizens’ Charter Review
Advisory Commission, shall have the power to compel the attendance of any officer or
employee of the City and to require the submission of any of the City records which it
may deem necessary to the conduct of such hearing.
(2) Propose any recommendations it may deem desirable to ensure compliance with the
provisions of the charter by the several departments of the City government.
(3) Propose, if it deems desirable, amendments to the Charter to improve the effective
application of said charter to current conditions.
23
(4) Report its findings and present its proposed amendments, if any, to the City Council.
SECTION 5: The City Council may take action to amend the charter in the manner provided by
state law.
SECTION 6: That this ordinance shall take effect immediately from and after its passage.
PASSED, ADOPTED, AND APPROVED this 24th day of February, 2011.
APPROVED:
____________________________
Nancy Berry, Mayor
ATTEST:
____________________________
Sherry Mashburn, City Secretary
APPROVED:
____________________________
CITY ATTORNEY
24
February 24, 2011
Consent Agenda Item No. 2c
Sunset Review Committee
To: Mayor and Council
cc: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion on an ordinance providing
for the creation of a Sunset Advisory Commission, providing for seven (7) members,
determining the term of office, providing for their duties, and method of appointment.
Recommendation: Staff recommends approval of the ordinance and authorization to
solicit member applications for Council consideration.
Summary: At the January 21 Council Retreat, staff received direction to proceed with
drafting an ordinance creating the Sunset Review. A Sunset Review Commission serves as
an advisory body to the Council concerning whether a public need exists for the continuation
of a City board, commission or committee or for the performance of the functions of the City
board, commission or committee.
Recommended criteria for Council to consider charging the Sunset Review Commission for
its review of each City board, commission or committee are:
· The efficiency with which the board, commission or committee operates;
· The extent to which the city board, commission or committee is needed or used;
· The extent to which the jurisdiction of the city board, commission or committee
overlaps or duplicates the jurisdiction of other city boards, commissions or
committees and the extent to which the functions conducted or performed can be
consolidated with the functions of other city boards, commissions or committees;
· Whether the city board, commission or committee has recommended to the city
council changes calculated to be of benefit to the public, rather than to an
occupation, a business or an institution;
· The promptness and effectiveness with which the city board, commission or
committee disposes of complaints, if any, concerning persons affected by the city
board, commission or committee;
· The extent to which the city board, commission or committee has encouraged
participation by the public in making its decisions, as opposed to participation solely
by an occupation, a business or an institution, and the extent to which the public
participation has resulted in decisions compatible with the objectives established by
the city council for the city board, commission or committee; and
· The extent to which the city board, commission or committee complies with the Open
Records Act and with the Open Meetings Act.
Financial Summary: There is no fiscal impact.
Attachments:
Draft Ordinance
25
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING FOR
THE CREATION OF A SUNSET ADVISORY COMMISSION; PROVIDING FOR
SEVEN (7) MEMBERS; DETERMINING THE TERM OF OFFICE; PROVIDING FOR
THEIR DUTIES AND METHOD OF APPOINTMENT
WHEREAS, a Sunset Advisory Commission serves as an advisory body to the City Council
concerning whether a public need exists for the continuation of a City board, commission or
committee or for the performance of the functions of the City board, commission or committee;
and
WHEREAS, the City Council has determined a need for the review of each City board,
commission, or committee; and
WHEREAS, the City Council desires to create a Sunset Advisory Commission for the complete
and thorough review of the City’s boards, commissions, and committees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS, THAT:
SECTION 1: There is hereby created a Sunset Advisory Commission.
SECTION 2: The Sunset Advisory Commission is established every five years, composed of
seven (7) citizens of the city who are appointed by the City Council for terms not to exceed
twelve (12) months. The commission members will elect a chairperson and vice-chairperson
within thirty (30) days after their appointment. Each Sunset Advisory Commission will be
automatically dissolved when it presents its report to the City Council and the report is formally
received and accepted by the City Council.
SECTION 3: The commission will adopt the rules and regulations it deems best to govern its
actions, subject to the laws of the state and of this City.
(a) The rules and regulations will be so that the following goals can be attained:
(1) Interview each member of each City board or commission or committee.
(2) Attend two meetings of each City board or commission or committee.
(3) Interview each City board, commission or committee staff liaison person.
(b) The criteria used for its review of each City board, commission or committee is:
(1) The efficiency with which the board, commission or committee operates;
(2) The extent to which the City board, commission or committee is needed or used;
(3) The extent to which the jurisdiction of the City board, commission or committee overlaps
or duplicates the jurisdiction of other City boards, commissions or committees and the
26
extent to which the functions conducted or performed can be consolidated with the
functions of other City boards, commissions or committees;
(4) Whether the City board, commission or committee has recommended to the City Council
changes calculated to be of benefit to the public, rather than to an occupation, a business
or an institution;
(5) The promptness and effectiveness with which the City board, commission or committee
disposes of complaints, if any, concerning persons affected by the City board,
commission or committee;
(6) The extent to which the City board, commission or committee has encouraged
participation by the public in making its decisions, as opposed to participation solely by
an occupation, a business or an institution, and the extent to which the public
participation has resulted in decisions compatible with the objectives established by the
City Council for the City board, commission or committee; and
(7) The extent to which the City board, commission or committee complies with the Open
Records Act, V.T.C.A., Government Code, § 552.001 et seq., and with the Open
Meetings Act, V.T.C.A., Government Code, § 551.001 et seq.
(c) The commission will submit to the City Council a written report on each City board,
commission, or committee except the Sunset Advisory Commission. The report will contain
recommendations on the abolition, continuation or reorganization of each City board,
commission or committee and on the need for the performance of the functions of the City board,
commission or committee.
(d) All City board, commissions or committees are subject to this division except the following.
(1) A City board, commission or committee appointed by the City council for a limited
purpose, that will automatically dissolve upon completion of that purpose.
(2) A City board, commission or committee established under the City Charter.
(3) The Sunset Advisory Commission, and any other City board, commission or committee
that is expressly excepted from application of this division by the City Council.
(e) The commission, upon agreement of a majority of the Sunset Advisory Commission, may
request the assistance of any City employee. The City employee will assist the commission when
requested and when assistance is determined by the chairperson of the commission and the
mayor to be essential and necessary to the commission's performance of its functions as provided
for in this division.
SECTION 4: The City Council is not prohibited from terminating or abolishing a City board,
commission or committee before a recommendation or a written report on the City board,
commission or committee has been received by the City Council from the commission. The City
Council is also not prohibited from considering any other recommendations, reports, changes or
modifications relative to a City board, commission or committee.
SECTION 5: That this ordinance shall take effect immediately from and after its passage.
27
PASSED, ADOPTED, AND APPROVED this 24th day of February, 2011.
APPROVED:
____________________________
Nancy Berry, Mayor
ATTEST:
____________________________
Sherry Mashburn, City Secretary
APPROVED:
____________________________
CITY ATTORNEY
28
February 24, 2011
Consent Agenda Item No. 2d
Agreement with the Brazos Valley Softball Umpires Association
for Officiating Services for City Athletic Leagues and Programs
To: David Neeley, Interim City Manager
From: David Schmitz, Interim Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding renewal of an
Agreement for Services with the Brazos Valley Softball Umpires Association to provide
officiating services for City athletic leagues, programs and tournaments (Contract Number
09-085) in an amount not to exceed $183,900.00 per year.
Relationship to Strategic Goals: Goal I.1 Spending taxpayer money efficiently, Goal I.10
Hotel/Motel utilization for eligible projects, Goal III.10 Increase tourism, working with
University
Recommendation(s): Staff recommends approval of the renewal of the Agreement for
Services with the Brazos Valley Softball Umpires Association.
Summary: This renews Contract Number 09-085 for a period of 1 year (Jan. 1 – Dec. 31,
2011). This contract was originally approved for a period of one year on February 12, 2009
with an option for two additional one year renewals.
The contract was amended August 12, 2010 to include officiating services for tournaments
and additional programs. This amendment increased the original amount of $128,980 to
$183,900 to accommodate these additions. Actual contract expenditures for 2010 equaled
$180,696.
The contract is for the provision of all officiating services for all City-operated athletic
leagues and programs, including Adult and Youth Softball, Adult and Youth Flag Football,
Adult and Youth Volleyball, Youth Basketball, and Adult Kickball, as well as tournament play.
Payment for umpire services is made to the Association, prior to each season based on the
scheduled games, who then pays the individual umpires for actual games called. A “true up”
is calculated at the end of each season to verify actual games called with the Association
and the Parks and Recreation Department. Tournaments are handled individually in the
same manner.
This Agreement for Services is exempt from competitive bidding in accordance with LGC
252.022(a)(7), a procurement that is available from only one source.
Budget & Financial Summary: This contract is not to exceed $183,900.00. Funds are
budgeted through the Parks and Recreation Departments General Fund and Hotel
Occupancy Tax budgets.
Attachments:
1) Contract Number 09-085
2) Contract Number 09-085 Amendment (Aug. 12, 2010)
3) Renewal Letter for Contract Number 09-085
4) Current BVSUA Certificate of Insurance
29
30
31
32
33
34
35
36
ROUTING SHEET
CONTRACTS OTHER AGREEMENTS
These Documents Require Council Approval
For Office Use OnlyaOriginalssenttoFiscalon
d Copies sent to Legal on 1U
Scanned into Laserfiche on v
lContract No 09 085 AmendmentI Project No
Project Name
Name of Contractor
lContract Description Agreement for Services for Qualified Officiati
I Sponsored Tournaments
CRC Approval Date if required 1 10 06 Peter B Lamont Jr Rec Supt 3731
Department Representative Extension
Council Approval Date if required 8 12 10
Agenda Item No 22 n
Finance Review Required Insurance Certificates bV
J Performance Bond A Payment Bond a
Comments
person reviewing please initial if approved
This amendment is to include fees to pay for Adult Kickball as well as to pay for officials at various tournaments
throughout the year The fees for the Kickball officials were not included in the FY2010 budget however revenue
from the increased fees approved in January are expected to cover the shortfall The fees for the Tournament
officials are partially included in the Parks and Recreation Departments Hotel Occupancy Tax budget
6
CITY SECRETARY DATE
5
MAYOR DATE
4
CI MANAGER DATE
W
LEGAL PAR ENT DATE
2 Q
HIEF FINA CIAL OFFICER DATE
i
e 8 fi
DEPARTMENT DIRECTOR DATE
ADMINISTERING CONTRACT DIRECTOR
Revised 912008 37
August 12 2010
Consent Agenda Item No 2g
2010 Amendment to Agreement for Services with the Brazos Valley Softball
Umpires Association
To Glenn Brown City Manager
From David Schmitz Assistant Director Parks and Recreation
Agenda Caption Presentation possible action and discussion regarding an amendment
to the Agreement for Services with the Brazos Valley Softball Umpires Association to provide
officiating services for City athletic leagues and tournament programs Contract Number 09
085 in an amount not to exceed 18390000 total per year
Relationship to Strategic Goals Goal I10 Hotel Motel utilization for eligible projects
Goal III10 Increase tourism working with University
Recommendation s Staff recommends approval of the Amendment to the Agreement
for Services in an amount not to exceed of 183900 per year
Summary This amends the current Agreement for Services with the Brazos Valley
Umpires Association Contract 09 085 to include fees for Kickball and Tournaments The
contract as approved on January 28 2010 allocates funds for the Kickball program but does
not specify the rates This amendment specifies that rate
Additionally this Amendment authorizes payment to the Brazos Valley Softball Umpires
Association for Tournament Officials from the Departments Hotel Occupancy Tax budget
These officials are paid at the end of each tournament at a rate specified by National ASA
By paying the Association they can cut checks at the tournament to pay the officials instead
of the City having to generate checks after the fact Prompt payment of the officials many
of whom travel from out of town to work these tournaments increases our tournament
rating and thus the likelihood of our being able to attract additional tournaments in the
future
This Agreement for Services is exempt from competitive bidding in accordance with LGC
252022a7 a procurement that is available from only one source
Budget Financial Summary This amendment is to include fees to pay for Adult
Kickball as well as to pay for officials at various tournaments throughout the year The fees
for the Kickball officials were not included in the FY2010 budget however revenue from the
increased fees approved in January are expected to cover the shortfall The fees for the
Tournament officials are partially included in the Parks and Recreation Departments Hotel
Occupancy Tax budget and the shortfall is expected to be recovered from entry and gate
fees as well as reimbursement from the State Comptrollers Special Event Fund from which
we will be receiving reimbursement for costs associated with the 2010 ASA 16 U Class A
National Softball Tournament
Attachments
1 2010 Amendment to Agreement for Services with the Brazos Valley Softball
Umpires Association
47
38
2010 AMENDMENT TO AGREEMENT FOR SERVICES WITH THE BRAZOS
VALLEY SOFTBALL UMPIRES ASSOCIATION
This amended agreement AGREEMENT is made by and between BRAZOS
VALLEY SOFTBALL UMPIRES ASSOCIATION Association and the CITY OF
COLLEGE STATION a Texas Home Rule Municipal Corporation City and this
amendment shall be subject to the following terms and conditions
WHEREAS the Association and City entered into and executed an agreement on March
3 2009 with the contract number of 0908 5 Original Agreement and
WHEREAS the Association and the City desire to amend the original agreement by
increasing the amount of the agreement and as stated below and
WHEREAS the Association and the City agree that all mutual covenants agreements
terms and conditions and valuable consideration from the original agreement will remain in
effect and will apply to this amendment and
NOW THEREFORE IN CONSIDERATION of the performance of the mutual
covenants and promises contained herein the Association and the City agree and contract as
follows
To amend the original agreement as follows
1 In paragraph 4 by adding after letter is
j Adult Kick Ball 2200 per official per game
k Sanctioned Tournaments Per ASA code
2 In paragraph 6 by replacing the second paragraph after letter d with
The total amount of payment by the City to the Association for all services to be
performed under this Contract may not under any circumstances exceed ONE
HUNDRED EIGHTY THREE THOUSAND NINE HUNDRED AND NO 100
DOLLARS 18390000 As a part of the services contemplated herein Association
covenants and agrees to print and distribute paychecks to individual officials on a
biweekly basis
All other terms and conditions of the original agreement shall remain unchanged and in
full force and effect
39
EXECUTED THIS THE Z Z DAY OF 2010
BRAZOS VALLEY SOFTBALL CITY OF COLLEGE STATION
UMPIRES ASSOCIATION
i
By By
Mayor
Printed Name i
Title
Date rs
ATTEST
City Secretary
Ad10
Date
Q 23 b
Date
9 z3 0
Date
AA AL2zz
Chillicial Officer
40
41
42
43
44
45
February 24, 2011
Consent Agenda Item No. 2e
Interlocal Agreement Between College Station and BVSWMA Inc. for College
Station to Sponsor BVSWMA Inc, as an Associate Member of the Brazos Valley
Wide Area Communications Service (BVWACS)
To: David Neeley, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of an
Interlocal Agreement between the City of College Station and BVSWMA Inc. detailing City of
College Station sponsorship of BVSWMA, Inc. as an Associate Member of the Brazos Valley
Wide Area Communications Service (BVWACS).
Relationship to Strategic Goals: Goal I.4 Services must pay for themselves.
Recommendation(s):. The BVSWMA, Inc. Board of Directors will consider the ILA at the
next scheduled Board Meeting, Feb 18th. Staff recommends approval.
Summary: During the process to create BVSWMA as a separate entity, both cities
discussed the best method for the new BVSWMA Inc to obtain services previously provided
by the City of College Station. It was agreed upon by all parties that to proved continued
radio service for BVSWMA Inc. operations, the City of College Station would petition the
Brazos Valley Wide Area Communications Service (BVWACS) to sponsor BVSWMA Inc as an
Associate Member.
Sponsorship of BVSWMA will have no material impact on BVWACS operations, since they
previously operated on the system as a City Department. The ILA provides for BVSWMA Inc.
to pay the City for the fair share cost of the radios operated on the system.
Budget & Financial Summary: N/A
Attachments:
1. ILA
46
PAGE 1 INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE STATION, TEXAS:
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM (BVWACS)
47600
INTERLOCAL AGREEMENT
BVSWMA, INC. AND
THE CITY OF COLLEGE STATION, TEXAS
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA
COMMUNICATIONS SYSTEM (BVWACS)
This Agreement is made and entered into by and between, BRAZOS VALLEY SOLID
WASTE MANAGEMENT AGENCY, INC., a Texas non-profit local government corporation
(hereinafter referred to as "BVSWMA, Inc.") and the CITY OF COLLEGE STATION, TEXAS,
a Texas Home Rule Municipal Corporation (hereinafter referred to as "College Station").
WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL C OOPERATION ACT, authorizes local governments and state agencies to contract
with each other to provide a governmental function or service that each Party to the contract is
authorized to perform individually and in which the contracting Parties are mutually interested,
such as administrative functions, planning, parks and recreation and engineering;
WHEREAS, College Station is a Home-Rule Municipal Corporation organized under the
laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5
OF ITS CITY CHARTER;
WHEREAS, College Station, and BVSWMA, Inc. represent that each is independently
authorized to perform the functions contemplated by this Agreement;
WHEREAS, BVSWMA, Inc. needs radio communications to conduct day-to-day
operations;
WHEREAS, BVSWMA, Inc. and College Station entered into an Interlocal Agreement
for College Station to provide certain communications services, including sponsoring
BVSWMA, Inc. as an Associate Member under College Station to the Brazos Valley Wide Area
Communications System (BVWACS). The proposed scope of services is more particularly
described in Exhibit A;
WHEREAS, BVSWMA, Inc. has sufficient funds available from current revenues to fund
the radio services;
NOW THEREFORE, College Station, and BVSWMA, Inc. herein enter into this
Agreement pursuant to the above-named Act to authorize BVWACS to provide radio
communications services to BVSWMA, Inc. as an Associate Member of College Station.
The following establishes the obligations of each Party:
47
PAGE 2 INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE STATION, TEXAS:
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM (BVWACS)
47600
1. BVSWMA, Inc. will:
· Provide payment for the radio communications related services provided by College
Station as set forth in this Agreement and future revisions.
· Be responsible for purchasing and providing their own Subscriber Equipment to be used on the
BVWACS.
· Use the BVWACS in accordance with all applicable FCC rules and regulations.
· Obey all BVWACS policies and procedures regarding use and operations.
· Pay any FCC penalties or fines resulting from actions of BVSWMA, Inc. employees or
other BVSWMA, Inc. radio users.
· Refrain from any other action or omission that has a material adverse impact on the operation and
maintenance of BVWACS
· Coordinate with designated College Station personnel desired changes or modifications to
subscriber units or talkgroups used by BVSWMA, Inc. including, but not limited to, adding
additional subscriber units, loss of subscriber units, changes to talkgroup members.
College Station will:
· Petition the Brazos Valley Wide Area Communications System (BVWACS) to provide
radio service to BVSWMA, Inc. as an Associate Member of the City of College Station
on the BVWACS 800/700 MHz radio system.
2. Service Requirements
College Station will provide the services defined in the Agreement in a manner that does
not conflict with site development projects and daily solid waste disposal operations. The service
provided shall not cause the facility to be in violation of any Texas Commission on
Environmental Quality regulations, or other regulations, including but not limited to 30 Texas
Administrative Code Chapters 330 and 332. College Station agrees that the project will comply
with all local, state and federal regulations.
No modifications to the scope of services as described in Exhibit A will be made without
prior written consent from College Station and BVSWMA, Inc.
3. Project Costs
BVSWMA, Inc. will pay for all costs associated with the services provided in an amount
for each year of the term to be determined as a per subscriber unit (radio) cost equal to the
amount College Station is charged per subscriber unit as a BVWACS Party. First year cost
$149.15/subscriber unit. Costs for renewal years will be mutually agreed upon by both parties.
4. Term/Termination
This Agreement shall automatically renew annually for up to a total of four one year
terms and be effective from October 1st of each year until September 30th. The obligations of the
parties to this Agreement are subject to the annual budget appropriation for each party.
This Agreement may be terminated at any time and for any reason without liability by
either Party upon ninety (90) days written notice as provided herein.
48
PAGE 3 INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE STATION, TEXAS:
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM (BVWACS)
47600
5. Hold Harmless
College Station and BVSWMA, Inc. each individually agree, to the extent
authorized by the Constitution and laws of the State of Texas, to hold the other harmless
from and against any and all claims, losses, damages, causes of action, suits, and liabilities
of every kind, including all expenses of litigation, court costs, and attorney’s fees, for injury
or death of any person, for damage to any property, arising out of or in connection with the
services provided under this Agreement.
6. Invalidity
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by
a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use
their best efforts to replace the respective provision or provisions of this Agreement with legal
terms and conditions approximating the original intent of the Parties.
7. Written Notice
Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein.
Brazos Valley Solid Waste Management Agency, Inc.
Executive Director
2690 State Highway 30,
Anderson, Texas 77830
With Copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, LLP
500 N. Akard, Suite 1800
Dallas, Texas 75201
The City of College Station
City Manager
P.O. Box 9960
College Station, Texas 77842
8. Entire Agreement
It is understood that this Agreement contains the entire agreement between the Parties
and supersedes any and all prior agreements, arrangements, or understandings between the
Parties relating to the subject matter. No oral understandings, statements, promises or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or
49
PAGE 4 INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE STATION, TEXAS:
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM (BVWACS)
47600
terminated orally. No verbal agreement or conversation with any officer, agent or employee of
College Station, either before or after the execution of this Agreement, shall affect or modify any
of the terms or obligations hereunder.
9. Amendment
No amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by duly authorized representatives of each Party.
10. Texas Law; Venue
This Agreement has been made under and shall be governed by the laws of the State of
Texas. Venue for any dispute arising from or related to this Agreement shall be in a state court
in Brazos County, Texas.
11. Place of Performance
Performance and all matters related thereto shall be in Brazos County and Grimes
County, Texas, United States of America.
12. Authority to Enter Contract
Each Party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each Party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby represent
that they have authorization to sign on behalf of their respective organizations.
13. Waiver
Failure of either Party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of this Agreement,
any part hereof, or the right of College Station thereafter to enforce each and every provision
hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver
shall be in writing and signed by the Party claimed to have waived. Furthermore, any consent to
or waiver of a breach will not constitute consent to or waiver of or excuse of any other different
or subsequent breach.
14. Force Majeure
Each party will be excused from any breach of this Agreement which is proximately
caused by government regulation, war, strike, act of God, or other similar circumstance normally
deemed outside the control of well-managed businesses.
50
PAGE 5 INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE STATION, TEXAS:
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM (BVWACS)
47600
15. Agreement Read
The Parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
16. Assignment
This Agreement and the rights and obligations contained herein may not be assigned by
either Party without the prior written approval of the other Party.
17. Multiple Originals
It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
(Signatures on Following Page)
51
PAGE 6 INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE STATION, TEXAS:
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM (BVWACS)
47600
SIGNED AND AGREED on the dates indicated below.
CITY OF COLLEGE STATION BRAZOS VALLEY SOLID WASTE
MANAGEMENT AGENCY, INC.
BY:___________________________ BY: _______________________________
Nancy Berry, Mayor Jason P. Bienski, President
DATE:____________________________ DATE:______________________________
ATTEST: ATTEST:
________________________________ ____________________________________
City Secretary Secretary
APPROVED: APPROVED AS TO FORM
________________________________ ___________________________________
City Manager General Counsel
________________________________
City Attorney
________________________________
Chief Financial Officer
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of ____________2011,
by , in his capacity as of The
Brazos Valley Solid Waste Management Agency, Inc., a government corporation, on its behalf.
Notary Public in and for
the State of Texas
52
PAGE 7 INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE STATION, TEXAS:
ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM (BVWACS)
47600
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of ,
2011, by Nancy Berry, in her capacity as Mayor of the City of College Station, a Texas home-
rule municipality, on behalf of said municipality.
Notary Public in and for
the State of Texas
53
PAGE 1 EXHIBIT “A” TO INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE
STATION, TEXAS: ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE ARE
COMMUNICATIONS SYSTEM (BVWACS)
47600
Exhibit A
BVSWMA , INC. RADIO COMMUNICATIONS SERVICES
This Exhibit provides additional definition details regarding the scope of radio communications
services to be provided by the City of College Station to BVSWMA, Inc. in accordance with this
Agreement.
Radio services will be provided by radio towers and infrastructure equipment and
communications links that make up the BVWACS.
The City of College Station will provide the following communication services to BVSWMA,
Inc. in conjunction with this agreement:
Radio Service
In accordance with the ILA establishing the Brazos Valley Wide Area Communications
System (BVWACS), College Station will petition BVWACS to provide radio service to
BVSWMA, Inc. as an Associate Member of the City of College Station on the BVWACS
800/700 MHz radio system. Radio service costs will be billed at a rate equal to that
charged City Departments for identical service and is based on a per subscriber unit
basis. Radio Service is contingent on BVWACS Governing Board approval of
BVSWMA, Inc. as an Associate Member under City of College Station sponsorship.
As of the date of this agreement, BVSWMA Inc. has in use, 20 mobile subscriber units, 13
portable subscriber units, and 1 control station as shown in Table 1.
Table 1: BVSWMA, Inc. Subscriber Units
Radio
Model
ModelNo Serial
BVWACS
ID
Owner
Asset
Tag
# Alias NOTES
XTS
1500
H66UCD9PW5BN 687CKZ1711 771001 BVSWMA 49-
005
CCS BVSWMA
49-005
portable
XTS
1500
H66UCD9PW5BN 687CKZ1712 771002 BVSWMA 49-
001
CCS BVSWMA
49-001
portable
XTS
1500
H66UCD9PW5BN 687CKZ1715 771005 BVSWMA 49-
007
CCS BVSWMA
49-007
portable
XTS
1500
H66UCD9PW5BN 687CKZ1728 771018 BVSWMA 49-
002
CCS BVSWMA
49-002
portable
XTS
1500
H66UCD9PW5BN 687CKZ1731 771021 BVSWMA 49-
009
CCS BVSWMA
49-009
portable
XTS
1500
H66UCD9PW5BN 687CKZ1735 771025 BVSWMA 49-
004
CCS BVSWMA
49-004
portable
XTS
1500
H66UCD9PW5BN 687CKZ1736 771026 BVSWMA 49-
008
CCS BVSWMA
49-008
portable
54
PAGE 2 EXHIBIT “A” TO INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE
STATION, TEXAS: ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE ARE
COMMUNICATIONS SYSTEM (BVWACS)
47600
Radio
Model
ModelNo Serial
BVWACS
ID
Owner
Asset
Tag
# Alias NOTES
XTS
1500
H66UCD9PW5BN 687CKZ1737 771027 BVSWMA 49-
003
CCS BVSWMA
49-003
portable
XTS
1500
H66UCD9PW5BN 687CKZ1738 771028 BVSWMA 49-
006
CCS BVSWMA
49-006
portable
XTS
2500
M1
H46UCC9PW5AN
205CDS0125
not yet
assigned
BVSWMA not yet
assigned
portable
XTS
2500
M1
H46UCC9PW5AN
205CDS0091
not yet
assigned
BVSWMA not yet
assigned
portable
XTS
2500
M1
H46UCC9PW5AN
205CDS0109
not yet
assigned
BVSWMA not yet
assigned
portable
XTS
2500
M1
H46UCC9PW5AN
205CDS0108
not yet
assigned
BVSWMA not yet
assigned
portable
XTL
1500
M28URS9PW1AN 775CKZ0809 769907 BVSWMA CCS BVSWMA
CTRL ST
CONTROL
STATION
XTL
1500
M28URS9PW1AN 775CKZ0851 770507 BVSWMA CCS BVSWMA
Packer 01
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0852 770508 BVSWMA CCS BVSWMA
73-76
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0853 770509 BVSWMA CCS BVSWMA
73-69
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0854 770510 BVSWMA CCS BVSWMA
68
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0855 770511 BVSWMA CCS BVSWMA
53
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0856 770512 BVSWMA CCS BVSWMA
73-33
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0857 770513 BVSWMA CCS BVSWMA
73-35
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0858 770514 BVSWMA CCS BVSWMA
73-19
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0859 770515 BVSWMA CCS BVSWMA
73-34
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0860 770516 BVSWMA CCS BVSWMA
73-29
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0861 770517 BVSWMA CCS BVSWMA
Packer 02 Cat
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0862 770518 BVSWMA CCS BVSWMA
73-50
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0863 770519 BVSWMA CCS BVSWMA
20
Mobile
55
PAGE 3 EXHIBIT “A” TO INTERLOCAL AGREEMENT BETWEEN BVSWMA, INC, AND CITY OF COLLEGE
STATION, TEXAS: ASSOCIATE MEMBERSHIP IN THE BRAZOS VALLEY WIDE ARE
COMMUNICATIONS SYSTEM (BVWACS)
47600
Radio
Model
ModelNo Serial
BVWACS
ID
Owner
Asset
Tag
# Alias NOTES
XTL
1500
M28URS9PW1AN 775CKZ0864 770520 BVSWMA CCS BVSWMA
73-15
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0865 770521 BVSWMA CCS BVSWMA
13
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0866 770522 BVSWMA CCS BVSWMA
31
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0867 770523 BVSWMA CCS BVSWMA
73-18
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0868 770524 BVSWMA CCS BVSWMA
66
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0869 770525 BVSWMA CCS BVSWMA
73-10
Mobile
XTL
1500
M28URS9PW1AN 775CKZ0870 770526 BVSWMA CCS BVSWMA
73-75
Mobile
BVSWMA, Inc. subscriber units operate using the following BVWACS talkgroups:
· CCS BVSWMA
· CCS SANIT
· BRY COMP
Additionally, the subscriber units are programmed with City of College Station city common
zone B talkgroups as shown in Table 2:
Table 2: Zone B talkgroups programmed into BVSWMA, Inc. subscriber units.
TG Number Name
1 CCS D UTIL
2 CCS Direct
3 CCS DPD/FD
4 CCS PUBWK
5 CCS CITY 1
6 CCS CITY 2
7 CCS EVT 1
8 CCS EVT 2
9 BRZ CEOC
10 CCS PANIC
56
February 24, 2011
Consent Agenda Item No. 2f
Economic Development Agreement
between the City of College Station and GEG Productions, LLC.
To: David Neeley, City Manager
From: David Schmitz, Interim Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding an economic
development agreement between the City of College Station and GEG Productions, LLC. for
the Presenting Title Sponsorship of the annual Duck Jam event.
Relationship to Strategic Goals: Goal I.10 Hotel/Motel utilization for eligible projects,
Goal III.10 Increase tourism
Recommendation(s): Staff recommends approval of the economic development
agreement with GEG Productions, LLC. for presenting title sponsorship of the Duck Jam
event.
Summary: This is an economic development agreement between the City of College
Station and GEG Productions, LLC. for the Presenting Title Sponsorship of the annual Duck
Jam event. This agreement is for a five (5) year period.
In exchange for the City’s economic incentives for the Event, GEG Productions, LLC. agrees
to hold the Event as described in the attached Agreement, to recognize the City as the
Presenting Title Sponsor, and to present the City in a positive manner at all times. City
shall reserve the right to preview any and all advertising containing its name or logo.
Budget & Financial Summary: Funds are budgeted through the Parks and Recreation
Department’s General Fund and Hotel Occupancy Tax budgets.
Attachments:
1) Economic Development Agreement Document
2) Resolution
57
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, ADOPTING AN ECONOMIC DEVELOPMENT PROGRAM FOR GEG
PROMOTIONS, LLC., RELATING TO THE DUCK JAM EVENT PURSUANT TO
CHAPTER 380 TEXAS LOCAL GOVERNMENT CODE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council desires to promote state and local economic development and to
stimulate business and commercial activity within its boundaries and surrounding areas; and
WHEREAS, the City Council is authorized by Section 380, Texas Local Government Code, to
make loans and/or grants of public money and/or to provide personnel and/or services to achieve
the foregoing; and
WHEREAS, the City Council now desires to adopt an economic development program to create
incentives for GEG Productions, LLC. to hold an event called Duck Jam; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this resolution
are hereby declared true and correct.
PART 2: That the City Council hereby adopts an economic development
program for GEG Productions, LLC., to hold an event called Duck
Jam as set forth in an agreement which is attached hereto as Exhibit
“A” and incorporated herein by reference.
PART 3: That this resolution shall take effect immediately from and after its
passage.
ADOPTED by the City Council of the City of College Station, Texas, this day of
___________, 2011.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
58
1
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION
and
GEG PRODUCTIONS, LLC.
This is an agreement by and between the City of College Station, a Texas home-rule
municipal corporation (the "City"), by and through its authorized representative, and GEG
Productions, LLC., a Texas Limited Liability Company (the "Promoter") by and through its
authorized representative.
WHEREAS, the City desires to promote state and local economic development and to
stimulate business and commercial activity within its boundaries and surrounding areas; and
WHEREAS, Promoter intends to provide a form of public tourism/special event for the
City of College Station and the Brazos County area in general through its annual College Station
Duck Jam Event (the “Event”) at the City’s Wolf Pen Creek Park (the “Facility”) which the
City has determined will achieve the aforementioned economic benefits; and
WHEREAS, pursuant to Chapter 380, Texas Local Government Code and other
applicable law, the City desires to create an economic development program for said Duck Jam
Event at its Wolf Pen Creek Park including making loans and/or grants of public money and/or
providing personnel and/or services as set forth below; and
NOW, THEREFORE, for and in consideration of the mutual promises recited herein, the
parties agree as follows:
I. CITY PROGRAM
CITY agrees to provide Promoter incentives and other assistance for the Event as follows:
1.1 Personnel and Services Provided. City agrees to provide personnel and certain services
relating to general oversight, pre and post event setup and breakdown of the Event as in-kind
contributions at the Facility and as further described in Exhibit “A” attached hereto and made a
part hereof.
1.2 Waiver of fees. City agrees to waive the City Special Events Permit application fee relating
to the Event. City also agrees to waive any commissions and vender fees normally associated
with use of the City’s Facility during the Event.
1.3 Grant of funds. The City agrees to give to Promoter an amount from City’s Hotel
Occupancy Tax (“HOT”) it collects that is directly attributable to Promoter’s Event as
59
2
determined by the Bryan/College Station Convention and Visitors Bureau in the following
amounts for each year that the Event is held:
1st Year: 100% of HOT directly attributable to the Event up to $15,000;
2nd Year: 100% of HOT directly attributable to the Event up to $15,000 plus 25% of
HOT directly attributable to the Event thereafter;
3rd Year: 100% of HOT directly attributable to the Event up to $15,000 plus 50% of
HOT directly attributable to the Event thereafter;
4th Year: 100% of HOT directly attributable to the Event up to $15,000 plus 75% of
HOT directly attributable to the Event thereafter;
5th Year: 100% of HOT directly attributable to the Event up to $15,000 plus 100% of
HOT directly attributable to the Event thereafter.
1.4 The City will allow Promoter use of Wolf Pen Creek Park and Amphitheater complex for up
to ten (10) days total each year the Event is held including pre and post event setup and
breakdown of the Event.
II. PROMOTER OBLIGATIONS
2.1 Promoter agrees that the Event shall be an annual occurrence with a primary focus on
entertainment for the general public for three days commencing on Thursday evening and
concluding late Saturday night, and as further described in Exhibit “B” attached hereto and made
a part hereof. This year’s Event is currently scheduled to occur April 28-30, 2011. Notice of
the dates in each subsequent year shall be given to and approved by City a minimum of 60 days
prior to the Event. Promoter understands and agrees that City is incenting Promoter’s Event as
set forth herein and pursuant to the provisions of Chapter 380, Texas Local Government Code.
2.2 In exchange for City’s economic incentives for the Event as set forth above, Promoter
agrees to hold the Event as described in this Agreement, to recognize City as the Presenting Title
Sponsor and to present the City in a positive manner at all times. City shall reserve the right to
preview any and all advertising containing its name or logo. Presenting Title Sponsorship shall
include:
a) All mentions of the name of the Event will be stated as: “City of College
Station presents Duck Jam”;
b) City logo will be placed on the front portal entrance signage;
c) City logo will be placed on all pre-event promotional materials including
newspapers;
d) City logo will be placed on all hand bills including over 20,000 print drops to
CSISD and BISD;
e) City logo and/or name will be placed on all electronic media pertaining to the
Event, including facebook, twitter, smart phone apps, and all internet-based
advertising;
60
3
f) The Event will be mentioned to at least the same degree as other events on
Promoter’s website and Ducks Unlimited official website;
g) City named in post-event recognition including mention in national Ducks
Unlimited report;
h) City named in all 30 and 60 second radio spots;
i) City named on all television spots;
j) City name and logo shall be on the front of ticket print;
k) City name and logo shall be on front cover of event program guide;
l) City shall be named and mentioned on all press release materials; and
m) City shall be given such additional event ground signage opportunities as
available;
2.3 Except as may be expressly set forth otherwise in this Agreement, Promoter will comply
with all applicable rules and regulations, and will comply with all the requirements to obtain a
City Special Events Permit each year the Event is held, including insurance, providing a site plan
for events, meeting permit bonding requirements, and establishing and following protocols for
security, public safety, sanitation, crowd control and traffic control. Furthermore, Promoter
agrees to annually assign one person on-site who will be responsible for ensuring compliance
with all of the above at all times during its use of the Facility.
2.4 Promoter agrees to annually provide a list of all persons who will be in charge of the
activities engaged by Promoter during the Event. Promoter agrees to provide addresses, emails,
and office and cell phone numbers for such persons. This list of names with contact information
must be provided to the City immediately upon the effective date of this Agreement and updated
as necessary.
2.5 Each year this Agreement is in effect, Promoter shall provide City an exact schedule of
activities relating to the Event, including pre and post-Event activities. At a minimum, this
schedule of activities must include the following information:
a) Description of dates, times and nature of set up;
b) Dates, times and nature of scheduled activities during the actual Event itself;
c) Identification of areas to be used;
d) All vendor and sponsor names; and
e) Any other pertinent information as reasonably requested by City to assist it in
carrying out its obligations herein and in serving the general public.
2.6 Promoter hereby agrees to abide by minimum standards of safety regulations and
procedures generally recognized for the nature of the proposed Event. Promoter, including its
attendees, employees and volunteers, is also required to abide by City of College Station park
rules including its severe weather procedures.
2.7 Each year this Agreement is in effect, Promoter shall provide to City a post event report
showing profit/loss statements, attendance figures, an economic impact analysis for Sales Tax
and Hotel Occupancy Tax directly related to the Event, and any other significant data and
information concerning the Event as reasonably requested by the City.
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III. NON-DISCRIMINATION CLAUSE
Promoter hereby agrees that the entertainment relating to the Event shall be open to the
general public and agrees to refrain from any activity that unlawfully discriminates against any
person or persons based upon race, color, creed, national origin, religion, sex, disability or
communicable disease, and in accordance with present federal and state laws.
IV. TERM
4.1 The term of this Agreement shall be for five (5) years, effective upon the last date of
approval by the parties hereof through December 31, 2015.
4.2 This Agreement may be terminated by either party for convenience upon one hundred eighty
(180) days’ written notice to the other party. Any funds received by Promoter from City
pursuant to this Agreement but not earned shall be returned to City within seven (7) days
thereafter.
V. DAMAGES/REPAIRS
Promoter shall be using City premises for its Event. Promoter agrees to be solely
responsible for any and all damages related to and arising out of its use of City premises for the
Event including, but not limited to, any and all persons associated with Promoter or anyone who
attends Promoter’s Event during the term of the Agreement. Promoter agrees to be solely
responsible for all repairs or costs of repairs to the City premises and for any and all related
damages as set forth herein.
VI. INDEMNIFICATION
It is agreed that the Promoter shall indemnify, hold harmless, and defend the City, its
officers, agents, employees and volunteers from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person or for damage
to any property arising out of or in connection with the Event. Such indemnity shall apply
regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in
whole or in part from the negligence of the City, any other party indemnified hereunder, the
Promoter, or any third party. It is the intent of the parties that this provision shall extend
to, and include, any and all claims, causes of action or liability caused by the concurrent,
joint and/or contributory negligence of the City, an alleged breach of an express or implied
warranty by the City or which arises out of any theory of strict or products liability.
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VII. RELEASE
Promoter hereby releases, relinquishes and discharges the City, its officers, agents,
employees and volunteers from all claims, demands, and causes of action of every kind and
character, including the cost of defense thereof, for any injury to or death of any person
and any loss of or damage to any property that is caused by or alleged to be caused by,
arising out of, or in connection with Promoter's Event whether or not said claims,
demands, or causes of action are covered in whole or in part by insurance.
VIII. DEFAULT
8.1 Promoter Default. If Promoter fails in any material term or condition of this Agreement,
including failing to obtain or comply with the terms of the City Special Events Permit or failing
to hold the Event in substantially the manner presented herein, Promoter is in default of this
Agreement. Whenever the City determines it’s feasible, the City will give Promoter a reasonable
amount of time to correct the default upon written notice.
If Promoter is unable to cure a default, then the City shall be excused from performing
any further obligations under this Agreement. If Promoter is in default, Promoter may only
terminate this Agreement without further liability.
8.2 If City materially breaches its obligation to disburse the incentives as set forth above in
this Agreement and Promoter is not in default, Promoter, as its option, may terminate this
Agreement, and the Promoter may thereafter pursue its remedies available at law. In no event
shall City be liable to Promoter for any consequential damages as a result of its breach.
IX. NOTICE
Any notice sent under this Agreement except as ma be otherwise expressly required in
this Agreement shall be written and mailed, or sent by electronic or facsimile transmission
confirmed by mailing written confirmation at substantially the same time as such electronic or
facsimile transmission, or personally delivered to an officer of the receiving party at the
following:
To the Promoter: GEG Promotions, LLC.
Telephone: 979-778-9101
Facsimile:
Email: matt@globaleventgroup.com
To the City: City of College Station Attn: Director of Parks and Recreation
Telephone: 979-764-3414
Facsimile: 979-764-3737
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Email: dschmitz@cstx.gov
Each party may change its address by written notice to the other party in accordance with
this section. Any communication addressed and mailed in accordance with this section shall be
deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission
shall be deemed to be given when receipt of such transmission is acknowledged or confirmed,
and any communication so delivered in person shall be deemed to be given when receipted for
by, or actually received by, the other party, as the case may be.
X. MISCELLANEOUS TERMS
10.01 This Agreement has been made under and shall be governed by the laws of the State of
Texas. The parties agree that performance and all matters related thereto shall be in Brazos
County, Texas.
10.02 This Agreement and the rights and obligations contained herein may not be assigned or
sublet by Promoter without the prior written approval of the City.
10.03 This Agreement contains the entire agreement between the parties. There are no other
written or oral agreements, contracts, or understandings between the parties.
10.04 No waiver or deferral by either party of any term or condition of this Agreement shall be
deemed or construed to be a waiver or deferral of any other term or condition or to be a
subsequent waiver or deferral of the same term or condition.
10.05 This Agreement may only be amended by written instrument approved and executed by
both parties.
10.06 Each party represents that it has the full power and authority to enter into and perform
this Agreement, and the person signing this Agreement on behalf of each party has been properly
authorized and empowered to enter into this Agreement. The persons executing this Agreement
hereby represent that they have authorization to sign on behalf of their respective organizations.
10.07 The parties hereby state that they have read the terms of this Agreement and hereby agree
to the terms and conditions contained herein.
This Agreement is herein executed by the parties as set forth below, effective as of the date of
approval by both governing authorities.
EXHIBITS
“A” City Economic Program of Incentives
“B” Event Schedule of Activities for Duck Jam 2011
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GEG PRODUCTIONS, LLC., CITY OF COLLEGE STATION
By: By:
Printed Name: MAYOR
Title: Date:
Date:
ATTEST:
___________________________________
City Secretary
APPROVED:
___________________________________
City Manager
Date:
City Attorney
Date:
Chief Financial Officer
Date:
____________________________________
Director of Parks and Recreation
Date:
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EXHIBIT “A”
City Economic Program of Incentives
Incentives Est. value
1 City Parks and Recreation staffing costs for Event preparation,
operations, and breakdown
$ 8,600
2 Labor and material costs incurred by the Streets and Drainage
Divisions relating to the Event
$13,200
3 City Cleaning and stocking of restrooms $ 650
4 City performance of general grounds maintenance of the Facility
including City-installed equipment
$ 4,450
5 City waiver of commissions and fees normally collected as part of the
Duck Jam event.
$ 8,100
subtotal $35,000
6 HOT reimbursement $15,000 +
TOTAL $50,000+
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EXHIBIT “B”
The Event-Schedule of Activities
(Subject to Change)
Thursday:
Demonstration and vendor booths
Children’s entertainment stage and activity area
Bar-B-Que Cook-Off
Dock Dogs Event
Friday:
Taste of the Town-local restaurants booths
Demonstration and vendor booths
Children’s entertainment stage and activity area
Bar-B-Que Cook-Off
CSISD/BISD Duck painting contest
Dock Dogs Event
Concerts: (TBD)
Saturday:
Taste of the Town-local restaurants booths
Demonstration and vendor booths
Children’s entertainment stage and activity area
CSISD/BISD Duck painting contest
Rubber Duckie Race
Dock Dogs Event
Concerts: (TBD)
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February 24, 2011
Consent Agenda Item No. 2g
City of College Station
Advance Funding Agreement for
the Mayday Challenge Bike Race
To: David Neeley, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Presentation, possible action, and discussion on an Advance Funding
Agreement (AFA) for the City of College Station‘s participation in the costs of the Mayday
Challenge, a bike race organized by Junction 505.
Relationship to Strategic Goals: III. Diverse Growing Economy and IV. Improving Multi-
modal Transportation
Recommendation(s): Staff recommends approval of the AFA in the amount of $6800.
Summary: May Day Challenge The Bicycle, Pedestrian, and Greenways Advisory Board in
collaboration with the Mayors Council on Physical Fitness proposes to partner with Junction
505 (a non-profit operating in the Brazos Valley) in the form of a monetary contribution as
well as in-kind resources to continue the annual bike race – Mayday Challenge.
Historically, the race has drawn more than two-hundred and has helped Junction 505 raise
donations.
Junction Five-O-Five is a private, not-for-profit business organized to provide a community
rehabilitation program in the Bryan/College Station area. They provide adults with
disabilities the opportunity to join in mainstream employment. For the past six years they
have organized a charity bicycle ride. The event will not occur this year without City
participation.
Budget & Financial Summary: Funds for this event are proposed to come from a
grant awarded to the Mayor’s Council on Physical Fitness ($5000) as well as the City’s
general fund ($1800).
Attachments:
Resolution
Draft AFA
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, ADOPTING AN ECONOMIC DEVELOPMENT PROGRAM FOR JUNCTION
FIVE-O-FIVE RELATING TO THE MAY DAY CHALLENGE EVENT PURSUANT TO
CHAPTER 380 TEXAS LOCAL GOVERNMENT CODE AND OTHER APPLICABLE LAW
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council desires to promote state and local economic development and to
stimulate business and commercial activity within its boundaries and surrounding areas; and
WHEREAS, the City Council is authorized by applicable law including Section 380, Texas Local
Government Code, to make loans and/or grants of public money and/or to provide personnel
and/or services to achieve the foregoing; and
WHEREAS, the City Council now desires through sponsorship and adoption of an economic
development program to create incentives for Junction Five-O-Five to hold an event called the
“Junction 505 May Day Challenge sponsored by the City of College Station”; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this resolution
are hereby declared true and correct.
PART 2: That the City Council hereby sponsors and adopts an economic
development program for Junction Five-O-Five to hold an event called
the Junction 505 May Day Challenge sponsored by the City of College
Station” as set forth in an agreement which is attached hereto as
Exhibit “A” and incorporated herein by reference.
PART 3: That this resolution shall take effect immediately from and after its
passage.
ADOPTED by the City Council of the City of College Station, Texas, this day of
________________, 2011.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
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****DRAFT****
SPONSORSHIP AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION
AND JUNCTION FIVE-O-FIVE
This Agreement is by and between the CITY OF COLLEGE STATION, a Home Rule Municipal Corporation
incorporated under the laws of the State of Texas (hereinafter referred to as the "City") and the Junction Five-O-
Five, a Texas Non – Profit Corporation (hereinafter referred to as “Sponsoree”).
WHEREAS, City has determined it to be in the best interest of its citizens and the general public to
promote physical fitness, through the Mayor’s Council on Physical Fitness and through the participation of various
fitness events promoting healthful lifestyles for its citizens; and
WHEREAS, City has determined it to be in the best interest of its citizens and the general public to
enhance the quality of life for all adults within its community, including those facing disabilities and to enhance the
employability of the disabled; and
WHEREAS, Sponsoree desires to host a bike race to promote and enhance the purposes recited above; and
WHEREAS, the City desires to promote state and local economic development and to stimulate business
and commercial activity within its boundaries and surrounding areas, and the City finds and determines that assisting
Sponsoree in the manner set forth herein does this; and
WHEREAS, pursuant to Chapter 380, Texas Local Government Code and other applicable law, the City
desires to create an economic development program for a bicycle race event including making loans and/or grants of
public money and/or providing personnel and/or services as set forth below;
NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises
contained herein, City and Sponsoree agree and contract as follows:
ARTICLE I. DEFINITIONS
1.1 “Event” means that one certain approximately 50 mile bike race within the City and within Brazos County as
well as associated activities as set forth in Exhibit “A” attached hereto and made a part hereof.
1.2 “Financial Post Report” means the post Event report provided by Sponsoree to City which includes a summary
of Sponsoree’s revenues and expenditures relating to the Event, which report shall at a minimum include how funds
from the City have been spent and which shall include the availability of Sponsoree’s Financial Records.
1.3 “Financial Records” means invoices, receipts, bank statements, reconciliations, cleared checks, financial
statements, audit reports records, accounts, and any and all other reports, files or other documents relating to the
Event.
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ARTICLE II. SPONSOREE OBLIGATIONS
2.1 The Sponsoree agrees to host the Event which is comprised of an approximately 50 mile bike race within
the City and within Brazos County as set forth in this Agreement to be called “The Junction 505 May Day Challenge
sponsored by the City of College Station” which event shall promote to the general public the benefits of being
physically fit and which Event shall support the mission of Sponsoree of promoting, advocating, generating funding
and building partnerships with, and funding for businesses that enhance the employability of disabled adults in the
community in a positive, professional and accountable way.
The Event is currently scheduled to occur May ___, 2011. Sponsoree understands and agrees that City is incenting
Sponsoree’s Event as set forth herein and pursuant to the provisions of Chapter 380, Texas Local Government Code
and other applicable law.
2.2 City’s program of incentives is as set forth in Exhibit “B” attached hereto and made a part hereof. Any
funds advanced as part of City’s incentives must be spent by Sponsoree for only the limited purposes set forth in
Exhibit “A” relating to the Event. Any funds not spent in the manner set forth in this Agreement shall be refunded
to City.
2.3 In exchange for City’s economic incentives for the Event as set forth above, Sponsoree agrees to hold the
Event as described in this Agreement, to recognize City as the Presenting Title Sponsor and to present the City in a
positive manner at all times. City shall reserve the right to preview any and all advertising containing its name or
logo. Presenting Title Sponsorship shall include:
a) All mentions of the name of the Event will be stated as: “The Junction 505 May Day
Challenge sponsored by the City of College Station”;
b) City logo will be placed on all signage along the race route;
c) City logo will be placed on all pre-event promotional materials including newspapers;
d) City logo will be placed on all hand bills including Sponsoree publications that include the
Event, and any biking publications that include the Event to the degree that Sponsoree has
authority to make such request;
e) City logo and/or name will be placed on all electronic media pertaining to the Event,
including facebook, twitter, smart phone apps, and all internet-based advertising and
including the official websites for Sponsoree and for any professional race directing agency
that may be used by Sponsoree;
f) The Event will be mentioned to at least the same degree as other events on Redemption Race
Productions’ official website and Sponsoree’s official website;
g) City named in post-event recognition including mention in Sponsoree’s report of similar
activities or fundraising events;
h) City named in all 30 and 60 second radio spots;
i) City named on all television spots;
j) City name and logo shall be on registration packet and application form;
k) City name and logo shall be on front cover of all printed materials relating to the Event;
l) City shall be named and mentioned on all press release materials; and
m) City shall be given such additional event advertising and signage opportunities as available;
2.4 Except as may be expressly set forth otherwise in this Agreement, Sponsoree will comply with all
applicable rules and regulations, and will comply with all the requirements to obtain a City Special Events Permit
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for the Event, including providing insurance, providing a plan of activities, meeting permit bonding requirements,
and establishing and following protocols for security, public safety, sanitation, crowd control and traffic control.
2.5 Sponsoree agrees to assign a person throughout the planning, holding of the Event and the follow up of the
Event who will be responsible for ensuring compliance with all of the terms of this Agreement. This shall expressly
include having a name of a person who will be responsible to City at all times during the Event itself. Sponsoree
agrees to provide addresses, emails, and office and cell phone numbers for all such persons. This list of names with
contact information must be provided to the City immediately upon the effective date of this Agreement and updated
as necessary.
2.6 Sponsoree shall provide City an exact schedule of activities relating to the Event, including pre and post-
Event activities. At a minimum, this schedule of activities must include the following information:
a) Description of dates, times and nature of set up;
b) Dates, times and nature of scheduled activities during the actual Event itself beginning with picking up
registration packets or whatever else may be the first activity;
c) Identification of bike race route and any and all other staging areas related to the Event;
d) All vendor and sponsor names; and
e) Any other pertinent information as reasonably requested by City to assist it in carrying out its
obligations herein and in serving the general public.
2.7 Sponsoree hereby agrees to abide by minimum standards of safety regulations and procedures generally
recognized for the nature of the proposed Event. Sponsoree, including participants in the Event, its agents,
contractors, promoters, employees and volunteers, is required to abide by all applicable laws, rules and ordinances.
2.8 Sponsoree shall make its Financial Records available to City during reasonable business hours.
2.9 Sponsoree shall provide to City a Financial Post Report showing profit/loss statements, participant figures,
an economic impact analysis for Sales Tax and Hotel Occupancy Tax directly related to the Event, and any other
significant data and information concerning the Event as reasonably requested by the City.
2.10 If requested, Sponsoree shall make a presentation to the City Council following the Event relating to its
Financial Post Report.
2.11 Sponsoree understands that City is subject to the Open Records Act pursuant to Chapter 552, Texas
Government Code and other applicable law relating to the availability of public records. Accordingly, Sponsoree
agrees to maintain its Financial Post Report and Financial Records for a minimum of three (3) years after the
expiration of this Agreement. City’s right to access Sponsoree’s files shall continue during this 3-year period and
for as long as the records are retained by Sponsoree.
ARTICLE III. CITY PROGRAM
CITY agrees to provide Sponsoree incentives and other assistance for the Event as follows:
3.1 Personnel and Equipment Provided. City agrees to make available to Sponsoree certain equipment relating
to general preparation, general oversight, pre and post event setup and breakdown of the Event as in-kind
contributions as further described in Exhibit “B” attached hereto and made a part hereof.
3.2 Waiver of fees. City agrees to waive the City Special Events Permit application fee relating to the Event.
3.3 Grant of funds. For and in consideration of the activities to be performed by Sponsoree under this
Agreement, City shall provide funding in the total amount of Six Thousand Eight hundred dollars and no cents
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($6,800.00) payable as set forth herein. One half of said amount shall be payable by City to Sponsoree as soon as
this Agreement is in effect. The second half of said amount shall be payable upon City receipt of the Financial Post
Report.
3.4 The appropriated funds shall be used only for the items listed in Exhibit “A.”
3.5 City may withhold the second payment of funds described above in the event the City determines that
Sponsoree has materially deviated from holding the Event in the manner represented in this Agreement, or if the
Final Post Report or Financial Records required or requested herein are not properly submitted.
IV. NON-DISCRIMINATION CLAUSE
Sponsoree hereby agrees that the Event shall be open to the general public and agrees to refrain from any
activity that unlawfully discriminates against any person or persons based upon race, color, creed, national origin,
religion, sex, disability or communicable disease, and in accordance with present federal and state laws.
V. DAMAGES/REPAIRS
Sponsoree shall be using City equipment and premises for its Event. Sponsoree agrees to be responsible
for any and all damages related to and arising out of its use of such City property and premises for the Event
including, but not limited to, any and all persons associated with Sponsoree, including its contractor, participants,
agents and volunteers. Sponsoree agrees to be responsible for all repairs or costs of repairs to City property and
premises and for any and all related damages as set forth in this Agreement.
VI. INDEMNIFICATION
It is agreed that the Sponsoree shall indemnify, hold harmless, and defend the City, its officers, agents,
employees and volunteers from and against any and all claims, losses, damages, causes of action, suits, and
liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death
of any person or for damage to any property arising out of or in connection with the Event. Such indemnity
shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or
in part from the negligence of the City, any other party indemnified hereunder, the Sponsoree, or any third
party. It is the intent of the parties that this provision shall extend to, and include, any and all claims, causes
of action or liability caused by the concurrent, joint and/or contributory negligence of the City, an alleged
breach of an express or implied warranty by the City or which arises out of any theory of strict or products
liability.
VII. RELEASE
Sponsoree hereby releases, relinquishes and discharges the City, its officers, agents, employees and
volunteers from all claims, demands, and causes of action of every kind and character, including the cost of
defense thereof, for any injury to or death of any person and any loss of or damage to any property that is
caused by or alleged to be caused by, arising out of, or in connection with Sponsoree's Event whether or not
said claims, demands, or causes of action are covered in whole or in part by insurance.
XIII. NOTICE
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Any notice sent under this Agreement except as may be otherwise expressly required in this Agreement
shall be written and mailed, or sent by electronic or facsimile transmission or personally delivered to an officer of
the receiving party at the following:
To the Sponsoree:
Telephone:
Facsimile:
Email:
To the City:
City of College Station
Attn: City Manager
1101 Texas Avenue
College Station, Tx 77842
Telephone: 979/764-3461
Facsimile: 979/764-6377
Email: dneeley@cstx.gov
Each party may change its address by notice to the other party by one of the methods set forth above. Any
communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed,
any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such
transmission is acknowledged or confirmed, and any communication so delivered in person shall be deemed to be
given when receipted for by, or actually received by, the other party, as the case may be.
ARTICLE IX. TERM AND TERMINATION
9.1 The term of this Agreement shall commence as of the last date of approval by the parties hereof through
July 31, 2011.
9.2 This Agreement may be terminated by either party for convenience upon thirty (30) days’ written notice to
the other party. Any funds received by Sponsoree from City pursuant to this Agreement but not earned shall be
returned to City within seven (7) days thereafter.
9.3 Notwithstanding any of the foregoing, this Agreement may be immediately terminated by City in the event that
Sponsoree fails to properly hold the Event, including the expenditure of City funds, in the manner set forth in this
Agreement. Sponsoree agrees to immediately refund any and all unused or misappropriated funds provided by City
pursuant to the terms of this Agreement.
ARTICLE X. GENERAL PROVISIONS
10.1 Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Sponsoree with
another private entity, person, or organization for the performance of any facet of the Event. In the event that Sponsoree
enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Sponsoree shall
cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and
conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and
prohibitions pertaining to expenditure of the agreed payments.
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10.2 This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth
herein shall be binding upon and inure to the benefit and obligation of City and Sponsoree and their respective successors
and assigns.
10.3 The City and Sponsoree attest that, to the best of their knowledge, no member of the City of College
Station City Council and no other officer, employee or agent of the City, who exercises any function or
responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or
indirect, in this Agreement.
10.4 The parties to this Agreement agree and understand that Sponsoree is an independent entity and not an
agent or representative of the City, and that the obligation to compensate its contractors, employees and personnel
furnished or used by Sponsoree to provide the Event shall be the responsibility of Sponsoree and shall not be
deemed employees of the City nor be the responsibility of the City for any purpose.
10.5 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and
signed by duly authorized representatives of both parties.
10.6 This Agreement has been made under and shall be governed by the laws of the State of Texas.
10.7 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America.
10.8 Each party has the full power and authority to enter into and perform this Agreement, and the person
signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this
Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf
of their respective organizations.
10.9 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a
waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either
party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or
breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore,
any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or
subsequent breach.
10.10 The parties acknowledge that they have read, understand and intend to be bound by the terms and
conditions of this Agreement.
10.11 This Agreement and the rights and obligations contained herein may not be assigned by any party without
the prior written approval of the other party to this Agreement.
10.12 It is understood and agreed that this Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
10.13 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other
tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision
or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties.
10.14 It is understood that this Agreement contains the entire agreement between the parties and supersedes any
and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral
understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This
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Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or
employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or
obligations hereunder.
Exhibits
“A” Description of the Event
“B” City Program of Incentives
JUNCTION FIVE-O-FIVE CITY OF COLLEGE STATION
By: By:_______________________________
Printed Name: Mayor
Title: Date: ___________________
Date:
ATTEST:
___________________________________
City Secretary
Date: ___________________
APPROVED:
___________________________________
City Manager
Date: ___________________
___________________________________
City Attorney
Date: ___________________
___________________________________
Chief Financial Officer
Date: ___________________
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STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of , 2011, by
in his/her capacity as of the Junction
Five-O-Five Texas non-profit corporation.
Notary Public in and for
The State of Texas
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
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This instrument was acknowledged before me on the day of ,
2011, by _________________, in his capacity as Mayor of the City of College Station, a Texas home-rule
municipality, on behalf of said municipality.
Notary Public in and for
The State of Texas
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EXHIBIT “A”
DESCRIPTION OF THE EVENT
The Event shall be an approximately 50 mile bike race located within the City of College Station and Brazos
County. Said Event shall also include the following:
1. Preparation and availability of registration packets to prospective participants in the Event;
2. Provision of an approximately 50 mile appropriately marked race course throughout parts of the City and
parts of Brazos county;
3. Provision of adequate safety controls, including traffic control which may necessitate the securing police
officers at various points along the race.
4. Set up and clean up of the Event, including picking of and hauling away of trash, setting up and taking
down of aid stations, port a potties, trash receptacles;
5. Provision and adequate manning of at least two aid stations, one at the approximately 25-30 mile mark and
the other at the approximately 40 mile mark;
6. Advertising of the Event in various media forums, including radio, newspaper, signs, websites for
Sponsoree and for third party race directing agencies, etc.;
7. Provision of manpower of a nature and as necessary and appropriate to ensure the Event occurs in a safe,
orderly, and enjoyable manner reflective of the caliber event as is appropriate for a city-sponsored event;
8. Provision of information and tracking as may be required pursuant to this Agreement;
9. Provision of accounting and reporting as may be required pursuant to this Agreement;
10. Provision of such other hosting duties as reasonably required for an event of this nature.
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EXHIBIT “B”
City Economic Program of Incentives
Incentives Est. value
1 City Parks and Recreation staffing costs for assistance in set up,
operations, and breakdown
$ 75
2 City Parks and Recreation provision of the following equipment:
4 10 X 10 Tents
8 Folding tables
8 Water coolers
$200
3 City payment of cash towards the Event $ 6,800
5 City waiver of special events fee for the Event. $ 200
TOTAL $7,275
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February 24, 2011
Consent Agenda Item No. 2h
Ambulance Billing Services
To: David Neeley, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a contract amendment
and renewal for year 2 to provide ambulance billing services with Emergicon in an amount not
to exceed $85,000.
Relationship to Strategic Goals: Goal I. 1 Spending taxpayer money efficiently.
Recommendation(s): Staff recommends approving the contract amendment and renewal with
Emergicon, LLC.
Summary:
In June 2009, staff solicited proposals for ambulance billing services. A total of 7 responses were
received. Interviews with a staff team were held with 3 firms, and Emergicon was the top ranked
firm.
Staff recommended and on September 10, 2009, City Council approved contracting with
Emergicon for one (1) year with the option of renewing for two (2) additional one (1) year terms
to be awarded one (1) year at a time (not to exceed 3 years total). Any renewal options are
subject to an annual performance review and recommendation of the City of College Station
Fiscal Services Department.
Staff recommends amending the contract to require an American Institute of Certified Public
Accountants) Statement of Auditing Standards No. 70, Service Organizations, Type II annual
report from Emergicon and awarding the amended contract.
Budget & Financial Summary: Funds are available and budgeted in the General Fund, Fiscal
Services Department, Accounting Division. The not to exceed amount, $85,000, reflects an
increase from the previous contracted amount of $75,000 due in part to the projected increase
in fees from the rate increase adapted September 9, 2010 and in part to the increase in
collections since entering into the contract with Emergicon.
In FY 10 Emergicon collected over $1,300,000 in ambulance fees. This is more than half a million
dollars over what was budgeted. Emergicon is paid a 5% commission based on fees collected.
Attachments:
1. Contract amendment and renewal
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February 24, 2011
Consent Agenda Item No. 2i
Debt Reimbursement Resolution for
2008 GOB Projects
To: David Neeley, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
“Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt” for expenditures related to projects authorized as part of the 2008 General Obligation
Bond (GOB) package.
Recommendation(s): Staff recommends approval of the “Resolution Declaring
Intention to Reimburse Certain Expenditures with Proceeds from Debt.”
Summary: For a number of projects authorized as part of the 2008 General Obligation
Bond (GOB) package all or part of the authorized debt has not yet been issued. On projects
for which spending will occur in advance of the debt issue, a “Resolution Declaring Intention
to Reimburse Certain Expenditures with Proceeds from Debt” must be approved by Council.
Typically, the resolution is brought to Council along with the initial contract for the project
(i.e. the engineering contract). In the case of some projects, however, spending will take
place before the initial contract is brought to Council (i.e. staff time charged to the project
for initial planning). This “Resolution Declaring Intention to Reimburse Certain Expenditures
with Proceeds from Debt” is being brought to Council to cover these expenditures as well as
expenditures for projects on which spending is estimated to occur in advance of the debt
issue scheduled for FY11 and FY12. In the case of longer term projects, depending on the
timing of future debt issues, an additional “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” may be necessary in the future.
The projects covered by this resolution are:
· East District Maintennace Shop Replacement
· Lick Creek Nature Center
· Neighborhood Park Improvements
· Neighborhood Park Revolving Fund
· Lick Creek Hike and Bike Trail
· Barron Road East/Lakeway
· Traffic Signals
Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is necessary for this item because not all of
the long term debt has not been issued for these projects. The debt that this resolution is
intended to cover is estimated to be issued in FY11 and FY12.
Attachments:
1. Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt
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February 24, 2011
Consent Agenda Item No. 2j
Fair Housing Ordinance Changes
To: David Neely, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding the proposed changes to the
City’s Fair Housing Ordinance.
Relationship to Strategic Goals: Goal II.5 Neighborhood Services; Goal V.1 Continue education to
citizens and within city; and Goal III.12 Housing affordability.
Recommendation(s): Staff recommends that the City Council approve the changes to the City’s Fair
Housing Ordinance.
Summary: At the February 10th Workshop Meeting, staff provided City Council with a presentation
outlining several proposed changes to the City’s Fair Housing Ordinance to match the Federal and Texas
Fair Housing Acts. This presentation identified the key proposed changes to the City’s Fair Housing
Ordinance that would:
· Add familial status as a protected class,
· Add handicap (disability) as a protected class, and
· Add language to support nondiscriminatory practices of these protected classes.
Budget & Financial Summary: N/A
Attachments:
Attachment 1: Ordinance Amendment for Fair Housing Regulations
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ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS AS SET OUT BELOW; 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 4, “BUSINESS REGULATIONS”, 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: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2011.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
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ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
That Chapter 4, “BUSINESS REGULATIONS”, Section 12, “FAIR HOUSING
REGULATIONS”, of the Code of Ordinances of the City of College Station, Texas, is hereby
amended to read as follows:
A. DEFINITIONS
For the purpose of this section the following terms, phrases, words, and their derivations
shall have the meanings given herein. When not inconsistent with the context, words so
used in the present tense include the future, words in the masculine gender include the
feminine, words in the plural number include the singular, and words in the singular number
include the plural.
(1) Discriminatory Housing Practice means an act that is unlawful under subsections B, C,
D, E or F of this section.
(2) Dwelling means any building, structure, or portion thereof which is occupied as, or
designed and intended for occupancy as, a residence by one (1) or more families or any
vacant land which is offered for sale or lease for the construction or location thereon of any
such building, structure, or portion thereof.
(3) Family includes a single individual.
(4) Person includes one (1) or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint stock companies, trusts,
unincorporated organizations, trustees, fiduciaries, and any other organization or entity of
whatever character.
(5) To Rent includes to lease, to sublease, to let and otherwise to grant for a consideration
the right to occupy premises not owned by the occupant.
(6) Private Club includes fraternities and sororities.
B. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING
Except as exempted by subsection E, it shall be unlawful for any person to:
(1) Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for
the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person
because of race, color, sex, religion, national origin, familial status, or handicap (disability).
(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental
of a dwelling, or in the provision of services or facilities in connection therewith, because of
race, color, sex, religion, national origin familial status, or handicap (disability).
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(3) Make, print, publish, or cause to be made, printed, or published any notice, statement,
or advertisement regarding the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on race, color, sex, religion, national origin, familial status,
or handicap (disability), or an intention to make any such preference, limitation, or
discrimination. This prohibition against discriminatory advertising applies to single-family
and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
(4) Represent to any person because of race, color, sex, religion, national origin, familial
status, or handicap (disability) that any dwelling is not available for inspection, sale, or rental
when such dwelling is in fact so available.
(5) For profit or with the hope or expectation of profit, induce or attempt to induce any
PERSON to sell or rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular race, color, sex, religion,
national origin, familial status or handicap (disability).
C. DISCRIMINATION IN THE FINANCING OF HOUSING
It shall be unlawful for any bank, building and loan association, insurance company or other
corporation, association, firm, or enterprise whose business consists in whole or in part of
the making of commercial or residential real estate loans, to deny a loan or other financial
assistance to a person applying therefore for the purpose of purchasing, constructing,
improving, repairing, or maintaining a dwelling; or to discriminate against any such person in
the fixing of the amount, interest rate, brokerage points, duration, or other terms or
conditions of such loan or other financial assistance because of the race, color, sex, religion,
national origin, familial status, or handicap (disability) of such person or of any person
associated with him in connection with such loan or other financial assistance or the race,
color, sex, religion, national origin, familial status, or handicap (disability) of the present or
prospective owners, lessees, tenants, or occupants of the dwelling or dwellings for which
such loan or other financial assistance is to be made or given.
It shall be unlawful for any bank, building and loan association, insurance company or other
corporation, association, firm, or enterprise whose business consists in whole or in part of
the making or purchasing of commercial or residential real estate loans, to discriminate in
appraising property, refuse to purchase a loan, or set different terms or conditions for
purchasing a loan because of race, color, sex, religion, national origin, familial status, or
handicap (disability).
D. DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES
It shall be unlawful for any person to deny access to or membership or participation in any
multiple listing service, real estate brokers' organization or other service, organization, or
facility relating to the business of selling or renting dwellings, or to discriminate in the terms
or conditions of such access, membership, or participation on account of race, color, sex,
religion, national origin, familial status, or handicap (disability).
E. ADDITIONAL PROTECTION FOR THE DISABLED
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It shall be unlawful for a landlord to refuse to let tenant or someone associated with tenant to
make reasonable modifications to dwelling or common areas, at tenant’s expense, or to
make reasonable accommodations in rules policies, practices or services if necessary for
the disabled person to use the housing which includes tenant or someone associated with
tenant that have or are regarded as having a physical or mental disability (including hearing,
mobility, and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS
Related Complex and mental retardation) that substantially limits one or more major life
activities.
Not replacing more stringent standards in State or local law, new buildings with an elevator
and four or more units are required to have public and common areas accessible to persons
with disabilities, doors and hallways must be wide enough for wheelchairs, and units must
have an accessible route into and through the unit, have accessible light switches, electrical
outlets, thermostats, and other environmental controls, reinforced bathroom walls to allow
later installation of grab bars , and kitchens and bathrooms that can be used by people in
wheelchairs.
F. HOUSING OPPORTUNITIES FOR FAMILIES
It shall be unlawful for a building or community to discriminate against families in which one
or more children under 18 live with a parent, a person who has legal custody of the child or
children, or the designee of the parent or legal custodian with the parent or custodian’s
written permission; unless the building or community is determined by the HUD Secretary
that it is specifically designed for elderly persons under a Federal, State, or local
government program, is occupied solely by persons who are 62 or older, or houses at least
one person who is 55 or older in at least 80 percent of the occupied units and adheres to a
policy that demonstrates an intent to house person who are 55 or older.
G. EXEMPTIONS AND EXCLUSIONS
There shall be exempted from the application of this section all transactions involving:
(1) Exemptions Enumerated
(a) The rental of units in dwellings containing living quarters occupied or in-tended to
be occupied by no more than four (4) families living independently of each other
if the owner actually maintains and occupies one (1) of such units as his
residence.
(b) The rental of a single room in a dwelling containing living quarters occupied or
intended to be occupied by no more than one (1) family if the person offering
such room for rental actually maintains and occupies the remainder of such
dwelling as his residence and not more than four (4) such rooms are offered.
(c) The sale or rental of any single house by a private individual who owns such
house; provided that:
(i) The sale or rental is made without the use in any manner of the sales or
rental facilities or the sales or rental services of any real estate broker,
agent, or salesman, or of such facilities or services of any person in the
business of selling or renting dwellings or of any such broker, agent,
salesman, or person; and
(ii) The sale is made without the publication, posting, or mailing of any
advertisement or written notice in violation of subsection B(3) of this
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ORDINANCE NO.__________________ Page 5
section; this shall not prohibit the use of attorneys, escrow agents,
abstractors, title companies, and other such professional assistance as
necessary to perfect or transfer the title; and
(iii) The owner does not own more than three (3) single-family houses at the
time of the sale; and
(iv) The owner does not own any interest in, nor is there owned or re-served
on his behalf, under any express or voluntary agreement, title to or any
right to all or any portion of the proceeds from the sale or rental of more
than three (3) such single-family houses at any one (1) time.
(v) If the owner does not reside in the house at the time of sale or was not
the most recent resident of such house prior to the sale, the exemption
granted by this subsection shall apply only with respect to one (1) such
sale within any twenty-four (24) month period.
(2) Religious Organizations
Nothing in this section shall prohibit a religious organization, association, or society or
any nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious association or society from limiting the sales, rental, or
occupancy of dwellings which it owns or operates for other than a commercial purpose
to persons of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color, sex, national origin,
familial status, or handicap (disability).
(3) Private Clubs
Nothing in this section shall prohibit a bona fide private club, not in fact open to the
public, which as an incident to its primary purpose, provides lodging which it owns and
operates for other than a commercial purpose, from limiting the rental or occupancy of
such lodgings to its members or from giving preference to its members.
(4) Housing Accommodations
Nothing in this section shall bar any person from owning and operating a housing
accommodation in which a room or rooms are leased, subleased, or rented only to
persons of the same sex, when such housing accommodation contains common
lavatory, kitchen, or similar facilities available for the use of all persons occupying such
housing accommodation.
H. COMPLAINTS
(1) Who May File
Only a person who claims to have been injured by a discriminatory housing practice or
who believes he will be irrevocably injured by a discriminatory housing practice that has
occurred or is occurring, hereinafter referred to as person aggrieved, may file a
complaint with the City Attorney of the City of College Station. Such complaints shall be
in writing and shall identify the person alleged to have committed or alleged to be
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ORDINANCE NO.__________________ Page 6
committing a discriminatory housing practice and shall state the facts upon which the
allegations of a discriminatory housing practice are based. The City Attorney shall
prepare complaint forms and furnish them without charge to any person upon request.
(2) City Attorney May File Complaint
If at any time the City Attorney shall receive or discover credible evidence and shall have
probable cause to believe that any person or persons have committed or are committing
a discriminatory housing practice as to which no complaint has been filed, the City
Attorney may prepare and file a complaint upon his own motion and in his own name,
and such complaint shall thereafter be treated in the same manner as a complaint filed
by a person aggrieved.
(3) Deadlines; Notifications
All complaints shall be filed within ninety (90) days following the occurrence of an
alleged discriminatory housing practice. Upon the filing of any complaint, the City
Attorney shall provide notice of the complaint by furnishing a copy of such complaint,
to the person or persons named therein who allegedly committed or were
threatening to commit an alleged discriminatory housing practice. The accused may
file an answer to the complaint within fifteen (15) days of receipt of the written
complaint.
(4) Subscribed and Sworn
All complaints and answers shall be subscribed and sworn to before an officer
authorized to administer oaths.
I. INVESTIGATION
(1) By City Attorney
Upon the filing of a complaint as herein provided, the City Attorney shall cause to be
made a prompt and full investigation of the matter stated in the complaint.
(2) City Attorney to Effect Conciliation
During or after the investigation, but subsequent to the mailing of the notice of
complaint, the City Attorney shall, if it appears that a discriminatory housing practice
has occurred or is threatening to occur, attempt by informal endeavors to effect
conciliation, including voluntary discontinuance of the discriminatory housing practice
and adequate assurance of future voluntary compliance with the provisions of this
section.
(3) When City Attorney May Prosecute
Upon completion of the investigation and informal endeavors at conciliation by the
City Attorney, but within thirty (30) days of the filing of the complaint with the City
Attorney, if the efforts of the City Attorney to secure voluntary compliance have been
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ORDINANCE NO.__________________ Page 7
unsuccessful, and if the City Attorney has made a determination that a discriminatory
housing practice has in fact occurred, such violation shall be prosecuted in the
Municipal Court of the City of College Station. If the City Attorney determines to
prosecute, he shall institute a complaint and prosecute same to conclusion within
thirty (30) days after such determination, or as soon thereafter as practicable.
(4) Lack of Probable Cause
If the City Attorney determines that there is not probable cause to believe that a
particular alleged or suspected discriminatory housing practice has been committed,
the City Attorney shall take no further action with respect to that alleged or suspected
offense. In such case the person filing the complaint shall be notified by the City
Attorney and informed of any alternate action he may take.
J. CUMULATIVE LEGAL EFFECT
This section is cumulative in its legal effect and is not in lieu of any and all other legal
remedies which the person aggrieved may pursue.
K. UNLAWFUL INTIMIDATION
It shall be unlawful for any person to harass, threaten, harm, damage, or otherwise
penalize any individual, group, or business because he or they have complied with the
provisions of this section, because he or they have exercised his or their rights under
this section, or enjoyed the benefits of this section, or because he or they have made a
charge, testified, or assisted in any manner in any investigation, or in any proceeding
hereunder or have made any report to the City Attorney.
L. EDUCATION AND PUBLIC INFORMATION
In order to further the objectives of this section, the City Attorney may conduct
educational and public information programs.
M. PENALTY
(1) Any person, firm or corporation violating any provision of this section shall be guilty of
a misdemeanor, and upon conviction shall be fined pursuant to the General Penalty set
out in Chapter 1, Section 5, of this Code of Ordinances. Each day a violation continues
after passage of seventy-five (75) days from the date of the filing of the initial complaint
with the City Attorney shall constitute a separate and distinct offense.
(2) Any person, firm or corporation violating any provision of this section may be
enjoined by a suit filed by the City in a court of competent jurisdiction, and this remedy is
in addition to any penalty provision.
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February 24, 2011
Consent Agenda Item No. 2k
Texas Department of Transportation Reimbursement
To: David Neeley, City Manager
From: Chuck Gilman, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
approving the reimbursement of costs to the Texas Department of Transportation (TXDOT)
for the BS 6 (Texas Avenue) project and the FM2154 (Wellborn Widening) project.
Reimbursement costs are $99,246.51 on the BS 6 (Texas Avenue) project and $235,391.37
on the FM2154 (Wellborn Widening) project. The reimbursement request from TXDOT totals
$334,637.88.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure.
Recommendation(s): Approval of the resolution.
Summary: On August 27, 1998 the College Station City Council approved a resolution
entering into a contract with the Texas Department of Transportation to pay for 10% of the
right of way costs for a state highway project on BS 6 (Texas Avenue) from Dominik Drive
to FM 2818. This project is complete and final reimbursement due is $99,246.51. Previous
payments on the right of way related to this project were $496,714.50, for a total of
$595,961.01.
On February 12, 2004 the College Station City Council approved a resolution entering into a
contract with the Texas Department of Transportation to pay for 10% of the right of way
costs for a state highway project on FM 2154 from FM 2818 to SH 40 (Wellborn Widening).
This project is not complete but a partial reimbursement has been requested in the amount
of $235,391.37. Note that this is not the final reimbursement request on the FM 2154
(Wellborn Widening) project. This project is not complete and a final request for
reimbursement will be submitted upon project completion.
The total current reimbursement request from TXDOT is $334,637.88.
Budget & Financial Summary: Funds for these reimbursements were included in the FY11
Streets Capital Improvement Project Fund. Budget for the reimbursements was transferred
from the balance of the Texas Avenue Streetscaping project which was completed under
budget.
Attachments:
1. Resolution
2. Request letter from TXDOT
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February 24, 2011
Consent Agenda Item No. 2L
2008 Homeland Security Grant Adjustment Notice
To: David Neeley, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution accepting from the Texas Division of Emergency Management (TDEM) the 2008
Homeland Security Grant Adjustment Notice (GAN).
Recommendation(s): Staff recommends acceptance of the grant adjustment notice from
Texas Division of Emergency Management.
Summary: The City of College Station has been awarded the 2008 Homeland Security
program grant of $166,666.67 through TDEM. The city has expended $166,645.92 on
equipment for the Fire and Police Departments. The remaining $20.75 will be returned to
the State Administrating Agency for redistribution.
Budget & Financial Summary: This is an equipment grant and the City of College Station
has no matching funds committed.
Attachments:
2008 Homeland Security Grant Adjustment Notice – on file in the City Secretary’s office
Resolution
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February 24, 2011
Consent Agenda Item No. 2m
Clinical Affiliation Agreement with TEEX
To: David Neeley, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution to participate in a Clinical Affiliation Agreement with the Texas Engineering
Extension Service (TEEX) for the Emergency Medical Services Program.
Recommendation(s): Staff recommends approval of the Resolution authorizing the Fire
Chief to sign the signature page of the Clinical Affiliation Agreement.
Summary: The City of College Station continues to support the coordination of the College
Station Fire Department working with the Emergency Medical Students at TEEX to complete
their emergency medical clinical hours. The Emergency Medical Students work side by side
and under supervision of the paramedics of the College Station Fire Department to gather
required knowledge, skills and abilities to complete their certifications.
Budget & Financial Summary: There is no financial impact to the city.
Attachments:
Clinical Affiliation Agreement – on file in the City Secretary’s Office
Resolution
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February 24, 2011
Regular Agenda Item No. 1
1280 Harvey Mitchell Parkway Rezoning Request
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Director of Planning & Development Services
Agenda Caption: Public Hearing, presentation, possible action and discussion
regarding a Rezoning for 1280 Harvey Mitchell Parkway of 6.21 acres from R-1 Single-
Family Residential to C-1 General Commercial and R-4 Multi-Family Residential,
generally located at the intersection of Luther Street and Harvey Mitchell Parkway.
Recommendation(s): At their meeting on February 3, 2011, the Planning and Zoning
Commission voted (7-0) to recommend approval of the request with the condition that a
deceleration lane be installed at each driveway designed to meet TxDOT criteria, both
signals at Harvey Mitchell at Luther and Harvey Mitchell at George Bush be optimized
(this can be coordinated with the City’s Public Works Department), and that access to
and from the site is limited to right-in and right-out only. Based on the Traffic Impact
Analysis, the applicant suggested and Planning and Zoning Commission agreed that a
left turn lane be configured with pavement markings on George Bush east bound at the
intersection with Harvey Mitchell Parkway. Staff also recommended approval of the
zoning amendment, with conditions similar stated by the Planning and Zoning
Commission.
Summary: The Unified Development Ordinance provides the following review criteria
for zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The subject tract is designated as
Urban on the Comprehensive Plan Future Land Use and Character Map. It is also
located within Growth Area VI which states that the “growth area should be used for
intense land use activities including general commercial, office uses, townhomes,
high-density apartments, and vertical mixed use. Single-family uses (excluding
townhomes) should be prohibited from this area due to issues of incompatibility.”
Commercial activity is an acceptable use within the Urban Growth Areas. While
multi-family is one of the uses that can be contemplated for this tract, it is important
to consider the implications of any particular use given the context of its relationship
to the surrounding area and properties. It is for this reason that the commercial
portion of the property is proposed as a transitional area between the industrial type
use of the Texas A&M University Poultry Science Center and the proposed multi-
family portion.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: Much of the property in the nearby
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area is zoned for multi-family uses. Those properties, however, do not abut directly
to two Texas A&M University System facilities: the Poultry Science Center and Solid
Waste Operations (see Aerial map on page 2), as does the subject tract.
Harvey Mitchell Parkway is to the north and an undeveloped 4.2-acre tract is to the
east. Much of this neighboring tract was rezoned to R-4 Multi-Family in January
2010 by the Council. This property has now been final platted and is currently in the
site plan review process. Though the adjacent System tracts are zoned C-U College
and University, if owned privately, the Poultry Science Center and Solid Waste
Operation area would likely be zoned M-1 Light Industrial or M-2 Heavy Industrial.
According to the Unified Development Ordinance, M-2 uses are not compatible with
residential uses of any density, or even lower-intensity commercial uses. However,
C-1 General Commercial could be an appropriate district to abut such uses and
could provide a transition to the proposed and existing R-4 Multi-uses.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: This vacant
tract is relatively close to Texas A&M University and therefore appears to have a
market for multi-family uses. The subject tract however is adjacent to industrial-type
uses that affect the suitability of this tract for residential uses. The University
System previously opposed multi-family uses on the subject tract, and suggested
that commercial uses would be more appropriate. The split zoning proposal places
the multi-family portion farther away from the University System property, and they
have conveyed to Staff that this is satisfactory to them.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: Upon
annexation into the City in 1970, the subject tract was zoned R-1 Single-Family
Residential, the default zoning district for annexation at the time. As stated in the
Comprehensive Plan description for the Urban land use designation, single-family
residential should be prohibited from these areas due to issues of incompatibility. In
addition, single family uses are not desirable on this tract as it is located along
Harvey Mitchell Parkway, a freeway on the Thoroughfare Plan.
5. Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: Due to its
proximity to the Texas A&M University System facilities and frontage along Harvey
Mitchell Parkway, it is assumed that the property would be very difficult to market for
R-1 Single-Family Residential uses. To date, there is 1,752.82 acres of property
zoned C-1 General Commercial within the City of College Station, 459.11 acres of
which remain undeveloped. Also, there is 765.393 acres of R-4 Multi-Family
Residential, 93.21 acres of which are undeveloped at this time. This information is
displayed graphically below.
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121
122
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: The subject tract is
located adjacent to an 18-inch water main and an 8-inch waste water main is located
in the southeast portion of the tract. A sanitary sewer regional lift station is also
located in the southeast portion of this tract, is owned and maintained by College
Station Utilities, accessed from Harvey Mitchell Parkway and approximately 2,500
square feet in area. The subject tract is located in the Whites Creek Drainage Basin
and when it develops it will need to meet the City of College Station minimum storm
water design regulations and guidelines.
The subject tract is adjacent to Harvey Mitchell Parkway, a freeway in this area on
the Thoroughfare Plan. In October 2007, the City installed traffic signals on Harvey
Mitchell Parkway at the intersections with Luther Street West and Holleman Drive.
Though the subject property is near the Luther Street West intersection, the
ownership at the intersection is not clear at this time. The Brazos County Appraisal
District shows the roadway on this side of the intersection with Harvey Mitchell
Parkway as being owned by the Texas A&M University System. In the ordinance
that annexed the subject area into the City in 1970, a reference is made to a right-of-
way in this area. Staff is still investigating the facts that relate to this matter. If a
right-of-way does not exist or the Texas A&M University System does not grant
access, the subject tract will still have access to Harvey Mitchell Parkway, but not at
the Luther Street West signalized intersection.
Staff has concerns regarding the possibility of unrestricted left-turning
movements from the subject property onto Harvey Mitchell Parkway. The
proposed access will split the egress between a driveway specifically for the
commercial portion and a shared driveway on the abutting multi-family property
that will be utilized by the multi-family portion of the subject property. A zoning
Traffic impact Analysis (TIA) was required and performed for this request based
on the UDO requirement for any rezoning that will generate 150 trips or more in
the peak hour. The TIA results should be used by the Planning and Zoning
Commission and City Council to discern potential traffic impacts of the rezoning
on the surrounding transportation network, the availability of the transportation
network infrastructure to serve the development, and to discern potential
mitigation solutions. The results of the TIA are as follows:
1. The TIA confirms staff’s reservations with regard to left turns out of the
proposed development and onto Harvey Mitchell Parkway.
2. The results of the TIA illustrates failing left turn movements (LOS E or F ) at
both the commercial driveway and the residential drive onto Harvey Mitchell
Parkway. The applicant’s response was that the driveways were modeled to
have one lane exiting the driveway and proposes two lanes to exit the
driveways one for right turns and the other for left turns this would improve the
LOS to D for both driveways.
3. Based on Harvey Mitchell Parkway being a high speed freeway facility, and the
potential for accidents by travelers crossing three lanes of traffic making left
turn maneuvers out of the development, staff would prefer these two driveways
be configured to allow for only right turn in and right turn out movements and
123
meet TxDOT driveway spacing requirements but such an arrangement is
dependent on an agreement reached by the applicant and TAMU to allow
access on the private drive known as Luther. This agreement would allow for
those left turns restricted at the commercial driveway to be accomplished safely
at the signalized intersection. (Meetings regarding this issue between the
applicant and TAMU and facilitated by City staff to date have not be productive
with TAMU not willing to grant access.) Because an agreement has not been
reached by TAMU and the applicant, and because of the length required to the
next opportunity to perform a left turn (Holleman Drive) the right in and right out
requirement cannot be made at this time.
4. Staff further recommends a right turn deceleration lane at each driveway
designed to meet TxDOT deceleration lane criteria. This requirement is based
on the Unified Development Ordinance for any roadway with a speed of 40 mph
and above if the development generates 25 vehicles per hour (vph) ingress a
right turn deceleration lane is required to be built. The commercial driveway
generates 71 vph, ingress, and the residential driveway generates 30 vph,
ingress. The applicant concurs.
5. Based on the TIA staff recommends as a mitigation requirement both signals at
Harvey Mitchell at Luther and Harvey Mitchell at George Bush be optimized
(this can be coordinated with the City’s Public Works Department). The
applicant agrees but further recommends that a left turn lane be configured with
pavement markings on George Bush east bound at the intersection with Harvey
Mitchell Parkway. This will be accomplished by the applicant as part of the site
plan approval process.
Budget & Financial Summary: N/A
Attachments:
1. Maps
2. Background
3. Planning & Zoning Commission Minutes – February 3, 2011
4. Ordinance
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126
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: February 3, 2010
Advertised Council Hearing Dates: February 24, 2010
The following neighborhood organizations that are registered with the City of College
Station’s Neighborhood Services have received a courtesy letter of notification of this
public hearing:
None
Property owner notices mailed: 6
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: Texas A&M does not oppose this rezoning request, but does express
concerns regarding site lighting and traffic.
ADJACENT LAND USES
Direction Comprehensive
Plan
Zoning Land Use
North Thoroughfare -
Freeway N/A Harvey Mitchell
Pkwy
South Texas A&M
University
C-U College and
University
Texas A&M Poultry
Science Center
East Urban
R-4 Multi-Family &
R-1 Single-Family
Residential
Vacant
West Texas A&M
University
C-U College and
University
Texas A&M Solid
Waste Operations
DEVELOPMENT HISTORY
Annexation: 1970
Zoning: R-1 (upon annexation)
Final Plat: Not platted
Site development: Vacant
127
February 3, 2011 P&Z Regular Meeting Minutes Page 1 of 4
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
February 3, 2011, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Craig Hall, Jodi
Warner, Hugh Stearns, Doug Slack, and Bo Miles
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: Nancy Berry
CITY STAFF PRESENT: Jennifer Prochazka, Matt Robinson, Lauren Hovde, Joe Guerra,
Erika Bridges, Josh Norton, Carol Cotter, Molly Hitchcock, David Coleman, Jeff Kersten, Lance
Simms, Bob Cowell, Carla Robinson, Kerry Mullins, Richard Cox, and Brittany Caldwell
1. Call meeting to order.
Chairman Shafer called the meeting to order at 7:02 p.m.
7. Public hearing, presentation, possible action, and discussion regarding a request to rezone
6.21 acres located 1280 Harvey Mitchell Parkway from R-1 Single-Family Residential to
C-1 General Commercial and R-4 Multi-Family. Case # 10-00500263 (LH) (Note:
Final action on this item is scheduled for the February 24, 2011 City Council
Meeting--subject to change)
Staff Planner Lauren Hovde presented the rezoning and recommended approval with the
condition that a deceleration lane be installed at each driveway designed to meet TXDOT
criteria. She stated that staff recommends as a mitigation requirement that both signals at
Harvey Mitchell Parkway at Luther Street and Harvey Mitchell Parkway at George Bush
Drive be optimized. She said that the applicant suggested that a left-turn lane be
configured with pavement markings on George Bush Drive east bound at the intersection
with Harvey Mitchell Parkway. She said that this could be accomplished by the applicant
as part of the site plan approval process.
There was general discussion amongst the Commission regarding the rezoning.
Chairman Shafer opened the public hearing.
Joe Schultz, Schultz Engineering, stated that previous efforts did not work because
adjacent property owners did not want multi-family developments abutting their property.
He said that the applicant does not want to connect the tracts because there is a wooded
drainage easement between the tracts that is 10 feet deep and it would be too expensive,
128
February 3, 2011 P&Z Regular Meeting Minutes Page 2 of 4
but pedestrian connectivity is being discussed. He also said that the Texas A&M System
is not willing to give access to Luther Street at the intersection.
Seth McKinney, applicant, stated that he felt that this was the best solution.
Fred Bayliss, 7610 River Ridge, College Station, Texas, stated that the applicant has
worked with the Texas A&M System to come to a compromise and said that the
applicant will need the access to Harvey Mitchell Parkway since he is unable to get
access to Luther Street.
Tim Coffey, Texas A&M System, stated that the applicant has taken A&M’s concerns
and moved the multi-family development to the south. He said that there was still
concern about the approach to the secondary runway at Easterwood going over the
development, but he said that the applicant had agreed to install appropriate lighting.
Robert Rose, 505 University Drive, College Station, Texas, said that he was concerned
about pedestrian walkability and bicycle transportation when leaving the property.
Chairman Shafer closed the public hearing.
Commissioner Stearns expressed concern about left turns from the development.
There was general discussion amongst the Commission regarding the safety of left turns
from the development.
Transportation Planning Coordinator Guerra stated that at site plan review the applicant
could be required to put in a median within the driveway, also known as a pork chop. He
said it would not prevent right turns 100% because people will still try to go around it,
but it will provide some redirection of traffic. He said that a median on Harvey Mitchell
Parkway would prevent right turns, but this is the applicant’s best option until that is
done.
Commissioner Stearns motioned to recommend approval of the rezoning with the
condition that Staff’s recommendations and conditions are met and the driveway as
approved by TXDOT be a right-in and right-out only design. Commissioner Slack
seconded the motion, motion passed (7-0).
8. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Unified Development Ordinance Section 11.2 "Defined Terms" related to Mobile
Food Vendors. Case # 10-00500247 (LH) (Note: Final action on this item is
scheduled for the February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Unified Development Ordinance
Section 11.2 “Defined Terms” regarding Mobile Food Vendors.
Chairman Shafer opened the public hearing.
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February 3, 2011 P&Z Regular Meeting Minutes Page 3 of 4
No one spoke during the public hearing.
Chairman Shafer closed the public hearing.
Commissioner Warner motioned to approve the amendment. Commissioner
Ashfield seconded the motion, motion passed (7-0).
9. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Code of Ordinances Chapter 4 "Business Regulations" related to Mobile Food
Vendors. Case # 10-00500247 (LH) (Note: Final action on this item is scheduled for
the February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Code of Ordinances Chapter 4
“Business Regulations” regarding Mobile Food Vendors.
Commissioner Warner stated that she felt that the 300-foot buffer was too extensive, but
said that there does need to be a buffer. She also expressed concern about only allowing
College Station businesses to operate as a mobile food vendor.
Commissioner Stearns suggested revisiting the buffer after it is in place.
There was general discussion amongst the Commission regarding the amendment.
Chairman Shafer opened the public hearing.
Diego Mendez, 1660 Antoine, Bryan, Texas; Tai Lee, 3707 Marielene Circle, College
Station, Texas; Peter Madden, 5215 Ballybunion, College Station, Texas; Chris Scotti,
Executive Director of Northgate; Heather Taylor, owner of Cake Junkie, formerly Sweet
Memories. The citizens expressed concern about the buffer and not allowing Bryan
restaurants to operate food trucks within College Station.
Sherry Ellison, 2705 Brookway Drive, College Station, Texas, expressed concern about
mobile food vendors being at public parks.
Robert Rose, 505 University Drive, College Station, Texas, stated that he feels that
deference should be given to brick and mortar businesses because of the amount of
money invested and that the buffer zones should be set at a high level.
Chairman Shafer closed the public hearing.
Commissioner Ashfield motioned to recommend approval with the condition that
the territory be expanded to Brazos County, the buffer zone be measured from the
front door of a business, reduce the initial permitting fee and renewal fee by 50%
for cart vendors, clarify in the ordinance that when a restaurant is closed the buffer
zone would not apply to that particular brick and mortar restaurant, and revisit the
language regarding mobile food vendors not being allowed to make any sales after
130
February 3, 2011 P&Z Regular Meeting Minutes Page 4 of 4
2:00 a.m. in Northgate. Commissioner Miles seconded the motion, motion passed (7-
0).
Director Cowell said that Staff would suggest that the item come back within a year to
revisit any issues that may have arisen during that time.
10. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Code of Ordinances Chapter 4 "Business Regulations" related to Itinerant Vendors.
Case # 10-00500284 (LH) (Note: Final action on this item is scheduled for the
February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Code of Ordinances Chapter 4
“Business Regulations” regarding Itinerant Vendors.
Chairman Shafer opened the public hearing.
No one spoke during the public hearing.
Chairman Shafer closed the public hearing.
Commissioner Stearns motioned to approve the amendment. Commissioner Miles
seconded the motion, motion passed (7-0).
13. Adjourn.
Commissioner Ashfield motioned to adjourn the meeting. Commissioner Slack
seconded the motion, motion passed (7-0).
The meeting adjourned at 11:05 p.m.
Approved:
____________________________________
Scott Shafer, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Brittany Caldwell, Admin. Support Specialist
Planning and Development Services
131
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135
136
February 24, 2011
Regular Agenda Item No. 2
City of College Station
Annual Review of the
Bicycle, Pedestrian, and Greenways Master Plan
To: David Neeley, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public Hearing, presentation, possible action and discussion on the
Annual Review of the Bicycle, Pedestrian and Greenways Master Plan.
Relationship to Strategic Goals: IV. Improving Multi-modal Transportation and V. Green
Sustainable City
Recommendation(s): N/A
Summary: The Bicycle, Pedestrian and Greenways Master Plan, a component of the College
Station Comprehensive Plan was adopted on January 28, 2010. This will be the first annual
review since adoption as recommended in the Plan. The purpose of this review is to provide
an update on significant actions and accomplishments that have occurred over the past
year, outline on-going steps being taken to implement and maintain a dynamic document,
and identify obstacles or problems in the implementation of the Master Plan. The process
will be repeated annually until the five-year update of the Plan. Attached is a summary of
some of the accomplishments and projects that are related to biking, walking, and
greenways.
Budget & Financial Summary: N/A
Attachments:
List of Projects
137
Bicycle, Pedestrian, and Greenway Master Plan Annual Review
Master Plan Goals:
· Improve Connectivity and Acessibility
· Increase Safety
· Increase Bicycling and Walking Outdoors
· Encourage Environmental Stewardship
Accomplishments:
Flood-prone property “Greenway” Acqusition – Fee Simple Purchase (116.54 acres); Easements (.334
acres)
o Wolf Pen Creek Corridor
o Oakwood Custom Homes btw. Academy and Horse Haven Approx. 2.5 acres FEE SIMPLE
PURCHASE 7/6/2010
o Carter’s Creek Corridor
o Martell - Public Access Easement (PAE) acquired (Approx. .239acres) EASEMENT
PURCHASE - 7/16/2010
o Guseman – Public Access Easement Approx. .095 acres EASEMENT PURCHASE - 7/7/2010
o Cashion - Entire parcel 12.4 acres FEE SIMPLE PURCHASE - 6/10/2010
o Ruffino - Entire parcel 34.29 acres FEE SIMPLE PURCHASE - 7/28/2010
o Entergy - Greenway dedication platted. Approx. .45 acres FEE SIMPLE DEDICATION -
6/18/2010
o Smith - Entire parcel 78.9 acres approx. 12 acres will be park FEE SIMPLE PURCHASE -
7/30/2010
Multi-use Path along Harvey Mitchell Parkway (FM 2818) – Phase I
Description: 10 foot multi-use path that will constructed along FM 2818 from Welsh to Longmire and a 8
foot sidewalk from Longmire to Texas
o Design Completion: May 2010
o Construction Completion: March 2011
Multi-use Path along Harvey Mitchell Parkway (FM 2818) – Phase II
Description: Continuation of Phase I from Welsh Avenue to Southwest Parkway through Southwest Park.
A portion of the path is being constructed by the Campus Village development at the corner of Harvey
Mitchell Parkway (FM 2818) and Wellborn Road (FM 2154).
o Design Completion: Summer 2011
o Construction Completion: January 2012
Multi-use Path within Bee Creek Park (Bike Loop)
Description: 10 foot multi-use path that will connect the existing path that terminates in Bee Creek Park
to the Bee Creek Bride crossing near Longmire Court and will provide a connection from the bridge to
Anderson Street
o Design Completion: Fall 2010
o Construction Completion: Summer 2011
Roadways with Sidewalks and Bike Lanes
o Victoria Avenue Extension
Description: From Southern Plantation to SH 40 and aligning with the existing Victoria Avenue on the
south side of SH 40. The roadway will be a major collector consisting of two travel lanes and center
turn lane, bike lanes, sidewalks, etc.
§ Design Completion: Fall 2010 – Complete
§ Construction Completion: Spring 2012
138
Bicycle, Pedestrian, and Greenway Master Plan Annual Review
o Barron Road Widening Phase 2
Description: Four lane road with raised median, curb and gutter, bike lanes and sidewalks from
Decatu to SH 40.
§ Design Completion: February 2010
§ Construction Completion: April 2012
o Jones Butler Road Extension
Description: Extension from Luther Street to the George Bush/Penberthy intersection. The roadway
will consist of 4 travel lanes, bike lanes and a sidewalk on the east side.
§ Design Completion: Fall 2011
§ Construction Completion: Fall 2012
o Tauber and Stasney Street Rehabilitation and Northgate Sidewalks
Description: Eight foot sidewalks to be placed on the east side and west sides of Stasney Street
between University Drive and Church Avenue. Eight foot sidewalks will be placed on both sides of
Tauber Street as well although due to right-of-way constraints some sections will be five feet. The
project also includes utility upgrades and a new driving surface.
§ Design Completion: Summer 2010
§ Construction Completion: Fall 2011
139
February 24, 2011
Regular Agenda Item No. 3
City of College Station
Amendment to the Unified Development Ordinance, Section 11.2 “Definitions”
related to Mobile Food Vendors
To: David Neeley, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding
an amendment to the Unified Development Ordinance, Section 11.2 “Definitions” related to
Mobile Food Vendors.
Relationship to Strategic Goals: Diverse Growing Economy
Recommendation(s): At their February 3rd meeting, the Planning & Zoning Commission
unanimously recommended approval of this item. Staff also recommended approval.
Summary: This amendment is part of a package of UDO text amendments intended to ease
restrictions on mobile food vendors operating within the City. This specific amendment adds
the necessary definitions to the UDO
Budget & Financial Summary: N/A
Attachments:
1. P&Z Minutes
2. Ordinance
140
February 3, 2011 P&Z Regular Meeting Minutes Page 1 of 4
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
February 3, 2011, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Craig Hall, Jodi
Warner, Hugh Stearns, Doug Slack, and Bo Miles
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: Nancy Berry
CITY STAFF PRESENT: Jennifer Prochazka, Matt Robinson, Lauren Hovde, Joe Guerra,
Erika Bridges, Josh Norton, Carol Cotter, Molly Hitchcock, David Coleman, Jeff Kersten, Lance
Simms, Bob Cowell, Carla Robinson, Kerry Mullins, Richard Cox, and Brittany Caldwell
1. Call meeting to order.
Chairman Shafer called the meeting to order at 7:02 p.m.
7. Public hearing, presentation, possible action, and discussion regarding a request to rezone
6.21 acres located 1280 Harvey Mitchell Parkway from R-1 Single-Family Residential to
C-1 General Commercial and R-4 Multi-Family. Case # 10-00500263 (LH) (Note:
Final action on this item is scheduled for the February 24, 2011 City Council
Meeting--subject to change)
Staff Planner Lauren Hovde presented the rezoning and recommended approval with the
condition that a deceleration lane be installed at each driveway designed to meet TXDOT
criteria. She stated that staff recommends as a mitigation requirement that both signals at
Harvey Mitchell Parkway at Luther Street and Harvey Mitchell Parkway at George Bush
Drive be optimized. She said that the applicant suggested that a left-turn lane be
configured with pavement markings on George Bush Drive east bound at the intersection
with Harvey Mitchell Parkway. She said that this could be accomplished by the applicant
as part of the site plan approval process.
There was general discussion amongst the Commission regarding the rezoning.
Chairman Shafer opened the public hearing.
Joe Schultz, Schultz Engineering, stated that previous efforts did not work because
adjacent property owners did not want multi-family developments abutting their property.
He said that the applicant does not want to connect the tracts because there is a wooded
drainage easement between the tracts that is 10 feet deep and it would be too expensive,
141
February 3, 2011 P&Z Regular Meeting Minutes Page 2 of 4
but pedestrian connectivity is being discussed. He also said that the Texas A&M System
is not willing to give access to Luther Street at the intersection.
Seth McKinney, applicant, stated that he felt that this was the best solution.
Fred Bayliss, 7610 River Ridge, College Station, Texas, stated that the applicant has
worked with the Texas A&M System to come to a compromise and said that the
applicant will need the access to Harvey Mitchell Parkway since he is unable to get
access to Luther Street.
Tim Coffey, Texas A&M System, stated that the applicant has taken A&M’s concerns
and moved the multi-family development to the south. He said that there was still
concern about the approach to the secondary runway at Easterwood going over the
development, but he said that the applicant had agreed to install appropriate lighting.
Robert Rose, 505 University Drive, College Station, Texas, said that he was concerned
about pedestrian walkability and bicycle transportation when leaving the property.
Chairman Shafer closed the public hearing.
Commissioner Stearns expressed concern about left turns from the development.
There was general discussion amongst the Commission regarding the safety of left turns
from the development.
Transportation Planning Coordinator Guerra stated that at site plan review the applicant
could be required to put in a median within the driveway, also known as a pork chop. He
said it would not prevent right turns 100% because people will still try to go around it,
but it will provide some redirection of traffic. He said that a median on Harvey Mitchell
Parkway would prevent right turns, but this is the applicant’s best option until that is
done.
Commissioner Stearns motioned to recommend approval of the rezoning with the
condition that Staff’s recommendations and conditions are met and the driveway as
approved by TXDOT be a right-in and right-out only design. Commissioner Slack
seconded the motion, motion passed (7-0).
8. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Unified Development Ordinance Section 11.2 "Defined Terms" related to Mobile
Food Vendors. Case # 10-00500247 (LH) (Note: Final action on this item is
scheduled for the February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Unified Development Ordinance
Section 11.2 “Defined Terms” regarding Mobile Food Vendors.
Chairman Shafer opened the public hearing.
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February 3, 2011 P&Z Regular Meeting Minutes Page 3 of 4
No one spoke during the public hearing.
Chairman Shafer closed the public hearing.
Commissioner Warner motioned to approve the amendment. Commissioner
Ashfield seconded the motion, motion passed (7-0).
9. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Code of Ordinances Chapter 4 "Business Regulations" related to Mobile Food
Vendors. Case # 10-00500247 (LH) (Note: Final action on this item is scheduled for
the February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Code of Ordinances Chapter 4
“Business Regulations” regarding Mobile Food Vendors.
Commissioner Warner stated that she felt that the 300-foot buffer was too extensive, but
said that there does need to be a buffer. She also expressed concern about only allowing
College Station businesses to operate as a mobile food vendor.
Commissioner Stearns suggested revisiting the buffer after it is in place.
There was general discussion amongst the Commission regarding the amendment.
Chairman Shafer opened the public hearing.
Diego Mendez, 1660 Antoine, Bryan, Texas; Tai Lee, 3707 Marielene Circle, College
Station, Texas; Peter Madden, 5215 Ballybunion, College Station, Texas; Chris Scotti,
Executive Director of Northgate; Heather Taylor, owner of Cake Junkie, formerly Sweet
Memories. The citizens expressed concern about the buffer and not allowing Bryan
restaurants to operate food trucks within College Station.
Sherry Ellison, 2705 Brookway Drive, College Station, Texas, expressed concern about
mobile food vendors being at public parks.
Robert Rose, 505 University Drive, College Station, Texas, stated that he feels that
deference should be given to brick and mortar businesses because of the amount of
money invested and that the buffer zones should be set at a high level.
Chairman Shafer closed the public hearing.
Commissioner Ashfield motioned to recommend approval with the condition that
the territory be expanded to Brazos County, the buffer zone be measured from the
front door of a business, reduce the initial permitting fee and renewal fee by 50%
for cart vendors, clarify in the ordinance that when a restaurant is closed the buffer
zone would not apply to that particular brick and mortar restaurant, and revisit the
language regarding mobile food vendors not being allowed to make any sales after
143
February 3, 2011 P&Z Regular Meeting Minutes Page 4 of 4
2:00 a.m. in Northgate. Commissioner Miles seconded the motion, motion passed (7-
0).
Director Cowell said that Staff would suggest that the item come back within a year to
revisit any issues that may have arisen during that time.
10. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Code of Ordinances Chapter 4 "Business Regulations" related to Itinerant Vendors.
Case # 10-00500284 (LH) (Note: Final action on this item is scheduled for the
February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Code of Ordinances Chapter 4
“Business Regulations” regarding Itinerant Vendors.
Chairman Shafer opened the public hearing.
No one spoke during the public hearing.
Chairman Shafer closed the public hearing.
Commissioner Stearns motioned to approve the amendment. Commissioner Miles
seconded the motion, motion passed (7-0).
13. Adjourn.
Commissioner Ashfield motioned to adjourn the meeting. Commissioner Slack
seconded the motion, motion passed (7-0).
The meeting adjourned at 11:05 p.m.
Approved:
____________________________________
Scott Shafer, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Brittany Caldwell, Admin. Support Specialist
Planning and Development Services
144
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146
February 24, 2011
Regular Agenda Item No. 4
City of College Station
Amendment to the Code of Ordinances, Chapter 4 “Business Regulations,” related
to Mobile Food Vendors and Itinerant Vendors
To: David Neeley, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an
amendment to the Code of Ordinances, Chapter 4 “Business Regulations,” related to Mobile Food
Vendors and Itinerant Vendors
Relationship to Strategic Goals: Diverse Growing Economy
Recommendation(s): During their February 3, 2011 meeting, the Planning and Zoning Commission
unanimously recommended approval of the proposed ordinances with adjustments that have been
included. Staff also recommended approval.
Summary: The Code of Ordinances, Chapter 4 “Business Regulations,” currently allows Mobile Food
Vendors within City limits for a maximum of twenty-one (21) days per calendar year (3 days at a
time) with an Itinerant Vendor permit. This does not allow for long-standing mobile businesses to
operate, but does successfully accommodate for visiting or special event-oriented businesses. Due to
the growing trend of mobile food vending, City Council directed Staff on September 9, 2010 to
proceed with drafting an ordinance that would be more permissive for mobile food vending, while
creating parameters that would protect existing “brick and mortar” businesses.
The Code of Ordinances, Chapter 4 “Business Regulations”, currently requires the Finance Division of
the Accounting Department to process all Itinerant Vendor Permit applications. Since Planning and
Development Services is required to review such applications for zoning compliance and site
requirements, the permits are now being processed by Planning and Development Services for the
convenience of the customer.
Additionally, minor changes are proposed to reorganize the definition section of Chapter 4 Section 2
into alphabetical order, as well as amend typos and other non-pertinent items, again for the
convenience of the customer.
The proposed ordinance defines Mobile Food Vendors and restricts them within single-family
residential and agricultural zoning districts. It is also proposed that Mobile Food Vendors be restricted
within three hundred (300) feet of a permanent food service business and one hundred (100) feet of a
business defined as a restaurant in Northgate. In addition, the proposed ordinance would limit the
permit eligibility to Food Service Establishments within Brazos County, thus ensuring that proper
inspection can be made at the place of preparation and waste disposal.
The Brazos Valley Restaurant Association and Northgate Business Association, along with numerous
restaurants in the Hospitality Corridor and other areas, were included as stakeholders in the ordinance
revision process. Stakeholders were given the opportunity to review the draft ordinance and were
asked to provide comments and suggestions. In addition, many stakeholders were consulted during
the drafting process for guidance and additional information.
Budget & Financial Summary: N/A
Attachments:
1. P&Z Minutes
2. Ordinances
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February 3, 2011 P&Z Regular Meeting Minutes Page 1 of 4
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
February 3, 2011, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Craig Hall, Jodi
Warner, Hugh Stearns, Doug Slack, and Bo Miles
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: Nancy Berry
CITY STAFF PRESENT: Jennifer Prochazka, Matt Robinson, Lauren Hovde, Joe Guerra,
Erika Bridges, Josh Norton, Carol Cotter, Molly Hitchcock, David Coleman, Jeff Kersten, Lance
Simms, Bob Cowell, Carla Robinson, Kerry Mullins, Richard Cox, and Brittany Caldwell
1. Call meeting to order.
Chairman Shafer called the meeting to order at 7:02 p.m.
7. Public hearing, presentation, possible action, and discussion regarding a request to rezone
6.21 acres located 1280 Harvey Mitchell Parkway from R-1 Single-Family Residential to
C-1 General Commercial and R-4 Multi-Family. Case # 10-00500263 (LH) (Note:
Final action on this item is scheduled for the February 24, 2011 City Council
Meeting--subject to change)
Staff Planner Lauren Hovde presented the rezoning and recommended approval with the
condition that a deceleration lane be installed at each driveway designed to meet TXDOT
criteria. She stated that staff recommends as a mitigation requirement that both signals at
Harvey Mitchell Parkway at Luther Street and Harvey Mitchell Parkway at George Bush
Drive be optimized. She said that the applicant suggested that a left-turn lane be
configured with pavement markings on George Bush Drive east bound at the intersection
with Harvey Mitchell Parkway. She said that this could be accomplished by the applicant
as part of the site plan approval process.
There was general discussion amongst the Commission regarding the rezoning.
Chairman Shafer opened the public hearing.
Joe Schultz, Schultz Engineering, stated that previous efforts did not work because
adjacent property owners did not want multi-family developments abutting their property.
He said that the applicant does not want to connect the tracts because there is a wooded
drainage easement between the tracts that is 10 feet deep and it would be too expensive,
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February 3, 2011 P&Z Regular Meeting Minutes Page 2 of 4
but pedestrian connectivity is being discussed. He also said that the Texas A&M System
is not willing to give access to Luther Street at the intersection.
Seth McKinney, applicant, stated that he felt that this was the best solution.
Fred Bayliss, 7610 River Ridge, College Station, Texas, stated that the applicant has
worked with the Texas A&M System to come to a compromise and said that the
applicant will need the access to Harvey Mitchell Parkway since he is unable to get
access to Luther Street.
Tim Coffey, Texas A&M System, stated that the applicant has taken A&M’s concerns
and moved the multi-family development to the south. He said that there was still
concern about the approach to the secondary runway at Easterwood going over the
development, but he said that the applicant had agreed to install appropriate lighting.
Robert Rose, 505 University Drive, College Station, Texas, said that he was concerned
about pedestrian walkability and bicycle transportation when leaving the property.
Chairman Shafer closed the public hearing.
Commissioner Stearns expressed concern about left turns from the development.
There was general discussion amongst the Commission regarding the safety of left turns
from the development.
Transportation Planning Coordinator Guerra stated that at site plan review the applicant
could be required to put in a median within the driveway, also known as a pork chop. He
said it would not prevent right turns 100% because people will still try to go around it,
but it will provide some redirection of traffic. He said that a median on Harvey Mitchell
Parkway would prevent right turns, but this is the applicant’s best option until that is
done.
Commissioner Stearns motioned to recommend approval of the rezoning with the
condition that Staff’s recommendations and conditions are met and the driveway as
approved by TXDOT be a right-in and right-out only design. Commissioner Slack
seconded the motion, motion passed (7-0).
8. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Unified Development Ordinance Section 11.2 "Defined Terms" related to Mobile
Food Vendors. Case # 10-00500247 (LH) (Note: Final action on this item is
scheduled for the February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Unified Development Ordinance
Section 11.2 “Defined Terms” regarding Mobile Food Vendors.
Chairman Shafer opened the public hearing.
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February 3, 2011 P&Z Regular Meeting Minutes Page 3 of 4
No one spoke during the public hearing.
Chairman Shafer closed the public hearing.
Commissioner Warner motioned to approve the amendment. Commissioner
Ashfield seconded the motion, motion passed (7-0).
9. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Code of Ordinances Chapter 4 "Business Regulations" related to Mobile Food
Vendors. Case # 10-00500247 (LH) (Note: Final action on this item is scheduled for
the February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Code of Ordinances Chapter 4
“Business Regulations” regarding Mobile Food Vendors.
Commissioner Warner stated that she felt that the 300-foot buffer was too extensive, but
said that there does need to be a buffer. She also expressed concern about only allowing
College Station businesses to operate as a mobile food vendor.
Commissioner Stearns suggested revisiting the buffer after it is in place.
There was general discussion amongst the Commission regarding the amendment.
Chairman Shafer opened the public hearing.
Diego Mendez, 1660 Antoine, Bryan, Texas; Tai Lee, 3707 Marielene Circle, College
Station, Texas; Peter Madden, 5215 Ballybunion, College Station, Texas; Chris Scotti,
Executive Director of Northgate; Heather Taylor, owner of Cake Junkie, formerly Sweet
Memories. The citizens expressed concern about the buffer and not allowing Bryan
restaurants to operate food trucks within College Station.
Sherry Ellison, 2705 Brookway Drive, College Station, Texas, expressed concern about
mobile food vendors being at public parks.
Robert Rose, 505 University Drive, College Station, Texas, stated that he feels that
deference should be given to brick and mortar businesses because of the amount of
money invested and that the buffer zones should be set at a high level.
Chairman Shafer closed the public hearing.
Commissioner Ashfield motioned to recommend approval with the condition that
the territory be expanded to Brazos County, the buffer zone be measured from the
front door of a business, reduce the initial permitting fee and renewal fee by 50%
for cart vendors, clarify in the ordinance that when a restaurant is closed the buffer
zone would not apply to that particular brick and mortar restaurant, and revisit the
language regarding mobile food vendors not being allowed to make any sales after
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February 3, 2011 P&Z Regular Meeting Minutes Page 4 of 4
2:00 a.m. in Northgate. Commissioner Miles seconded the motion, motion passed (7-
0).
Director Cowell said that Staff would suggest that the item come back within a year to
revisit any issues that may have arisen during that time.
10. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Code of Ordinances Chapter 4 "Business Regulations" related to Itinerant Vendors.
Case # 10-00500284 (LH) (Note: Final action on this item is scheduled for the
February 24, 2011 City Council Meeting--subject to change)
Staff Planner Hovde presented the amendment to the Code of Ordinances Chapter 4
“Business Regulations” regarding Itinerant Vendors.
Chairman Shafer opened the public hearing.
No one spoke during the public hearing.
Chairman Shafer closed the public hearing.
Commissioner Stearns motioned to approve the amendment. Commissioner Miles
seconded the motion, motion passed (7-0).
13. Adjourn.
Commissioner Ashfield motioned to adjourn the meeting. Commissioner Slack
seconded the motion, motion passed (7-0).
The meeting adjourned at 11:05 p.m.
Approved:
____________________________________
Scott Shafer, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Brittany Caldwell, Admin. Support Specialist
Planning and Development Services
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February 24, 2011
Regular Agenda Item No. 5
Arts Council Building Purchase and Use Agreements
To: David Neeley, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a purchase
agreement and use agreement between the City of College Station and the Arts
Council of Brazos Valley for the Arts Council Building located at 2275 Dartmouth
Drive.
Recommendation(s): Staff recommends approval of the purchase and use
agreements.
Summary: For the past 2 years the City has been working on the purchase of the
Arts Council of Brazos Valley located on Dartmouth Drive. This is a building that is
owned by the Arts Council of Brazos Valley on land owned by the City of College
Station.
The City of College Station will be purchasing this building from the Arts Council of
Brazos Valley for the payoff amount of the mortgage that the Arts Council has on the
building. The pay off on the mortgage as of March 1, 2011 is $508,495.26. The City
and the Arts Council of Brazos Valley will also enter into a Use Agreement for the use
of the building. The use agreement has a 3 year term with a 2 year renewal option
that the City may exercise.
This agreement has several advantages for the City of College Station including the
City will own the building on the property owned by the City. The City will also be
able to better integrate the property into the Wolf Pen District where the City already
has significant assets and resources.
Advantages for the Arts Council include having the mortgage for the building paid
off, and having a place to conduct programming and administrative functions, while
it works on long term plans.
Budget & Financial Summary: The funds for this purchase were included in the
2010 debt issue, and are available for this purchase.
Attachments:
1. Building Purchase Agreement (available in City Secretary’s Office prior to City
Council Meeting)
2. Use Agreement (available in City Secretary’s Office prior to City Council
Meeting)
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February 24, 2011
Regular Agenda Item No. 6
8 Months Arts Council of Brazos Valley Operations & Maintenance Funding
Agreements
To: David Neeley, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on two (2) operations
and maintenance funding agreements between the City of College Station and the
Arts Council of Brazos Valley for the last 8 months of FY11 (February 1, 2011 –
September 30, 2011) totaling $78,058.34.
Recommendation(s): Staff recommends approval of the funding agreements to
provide funding for the remainder of the fiscal year (February 1, 2011 – September
30, 2011).
Summary: As part of the 2010-2011 budget process the City Council approved
operations and maintenance funding for the Arts Council of Brazos Valley in the
amount of $164,000.
On November 22, 2010, Council approved 2 agreements for operations and
maintenance funding of $41,000 for the 1st Quarter of FY11, from October 1, 2010
through December 31, 2010. On January 27, 2011 the City Council approved 2
agreements for operations and maintenance funding of $13,666.66.
The two funding agreements being considered will provide funding in the amount of
$78,058.34 for the remainder of FY11, from February 1, 2011 through September
30, 2011. Of this amount, $50,000 is from the General Fund for operations and
maintenance of the Arts Council. $28,058.34 is from the Hotel Tax fund for
operations and maintenance associated with the administration of Hotel Tax funds.
The City has also been negotiating the purchase of the Arts Council Building. That
purchase and use agreements are now ready for City Council consideration.
This item is for the consideration of the two funding agreements.
The total funding to the Arts Council is being reduced this fiscal year by $31,275.
This is ½ year of funding related building expenses that the Arts Council will not
incur with the City’s purchase of the Arts Council building.
Budget & Financial Summary: The funds for these agreements are budgeted and
available in the 2010-2011 General Fund budget in the amount of $75,000 and the
Hotel Tax Fund budget in the amount of $89,000, for a total of $164,000.
These 2 agreements along with the other agreements approved for the first 4
months of the year will provide total funding to the Arts Council of $132,275. This is
$31,275 less than the budgeted amount due to the reduction in funding as a result of
the City purchasing the Arts Council Building.
Attachments:
1. Arts Council of Brazos Valley 8 Month General Fund O&M Funding Agreement
(available in City Secretary’s Office)
2. Arts Council of Brazos Valley 8 Month Hotel Tax Fund O&M Funding
Agreement (available in City Secretary’s Office)
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February 24, 2011
Regular Agenda Item No. 7
Committee & Board Appointments
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion on appointments to fill
vacancies on the following committees and boards:
BVSWMA Policy Advisory Board
Library Board
Summary: The following individuals are appointed by the City Council to represent the City
of College Station on joint boards and committees with other governmental agencies and
community groups.
BVSWMA Policy Advisory Board
Ben White
John Crompton
Nancy Berry
Library Board
Larry Ringer, Pres. (CS)
Mary Fran Troy (CS)
Charles Smith (CS)
Sonia Gangotena (B)
Dorothy Hagen (B)
Carroll Johnson (B)
Helen Kunz (B)
Vacancy
Attachments: None
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