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HomeMy WebLinkAbout03/24/2011 - Regular Agenda Packet - City CouncilTable of Contents Agenda 3 Item 2a - Minutes Coversheet revised 7 March 8, 2011 Special Meeting Minutes 8 March 10, 2011 Workshop Minutes 12 March 10, 2011 Regular Meeting Minutes 17 Item 2b - TMRS Non-Disclosure Agreement Coversheet revised 23 TMRS Non-Disclosure Agreement 24 Item 2c - Purpose of the Medical Corridor Advisory Committee Coversheet revised 26 Attachment 1 - Enabling Resolution 27 Attachment 2 - List of Medical Corridor Advisory Committee Appointees 29 Item 2d - Water Cooling Tower Media Replacement Coversheet 31 Bid Tabulation 32 Item 2e - Professional Service Contract with McCord Engineering, Inc. and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt Coversheet revised 33 mccord contract 11-186 signed by legal 35 DRR 3-15-2011 55 Item 2f - Renewal of Electric Annual Construction Contract and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt Coversheet revised 59 1 - renewal acceptance signed by legal 60 reimb reso 032411 63 Item 2g - Four-way Stop: North Forest at Appomattox Coversheet revised 66 Ordinance 67 Location Map 69 Item 2h - Intersections Controlled with Stop Signs Coversheet revised 70 Ordinance 71 Map 73 Item 2i - 2005 Bike Loop Phase II – College Station Bike Loop Completion Construction Contract Award Coversheet revised 77 Location Map 78 Bid Summary 79 Item 2j - Annual Blanket Order for Janitorial Supplies Coversheet revised 80 1 Renewal Letter 81 Item 2k - Parallel Wellfield Collection Line Professional Services Change Order Project Number WF0352553 Coversheet revised 85 Change Order 86 Location Map 87 Item 2L - Office of the Governor Criminal Justice Division (CJD) Grant Coversheet revised 88 Resolution 89 Item 2m - Partial Settlement Agreement with College Station Inn Coversheet revised 91 Partial Settlement Agreement 92 Item 2n - Brazos Valley Convention and Visitors Bureau Funding Agreement Amendment No. 1 and Contingency Transfer for Roof Repairs Coversheet revised 95 Amendment 96 Item 2o - College Station Business Council Coversheet revised 99 Attachment 1 - Enabling Resolution 100 Item 2p - Settlement of Weingarten Realty Investors & Weingarten/Investments, Inc. v. City of College Station, Texas Coversheet 101 No. 1 - 2nd Annexation Public Hearing – Wellborn Area Coversheet revised 102 Map of Proposed Annexation Area 103 Proposed Service Plan 104 Fiscal Impact Analysis 114 No. 2 - Rezoning for 2302 Longmire Drive Coversheet revised 120 Background 122 Maps 123 Draft P&Z Meeting Minutes 125 Ordinance 127 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, March 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 March 8, 2011 Special Meeting and March 10, 2011 Workshop and Regular Council Meeting. b. Presentation, possible action, and discussion to approve a Non-Disclosure Agreement with Texas Municipal Retirement System (TMRS). c. Presentation, possible action, and discussion regarding the purpose of the Medical Corridor Advisory Committee. 3 City Council Regular Meeting Page 2 Thursday, March 24, 2011 d. Presentation, possible action, and discussion regarding approval of a resolution authorizing award of construction contract #11-094, with MasterTech Services Inc. in the amount of $229,899 for the Water Cooling Tower Media Replacement project. e. Presentation, possible action, and discussion regarding a three year professional services contract with McCord Engineering, Inc. for $1,800,000.00 for electrical engineering services and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. f. Presentation, possible action and discussion on the Renewal of Electric Annual Construction Contract #10- 121, Bid #10-31, with H&B Construction for $860,161.92 and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. g. Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10, “Traffic Code,” Section 2.C of the Code of Ordinances of the City of College Station changing the traffic control at the intersection of North Forest and Appomattox to a four-way stop controlled intersection. h. Presentation, possible action, and discussion on consideration of an ordinance modifying Chapter 10, “Traffic Code,” Section 2.D of the Code of Ordinances of the City of College Station by updating the Traffic Control Device Inventory – Schedule III to add STOP signs at various intersection approaches. i. Presentation, possible action, and discussion to award the construction contract for the 2005 Bike Loop Phase II – College Station Bike Loop Completion to Fuqua Construction Company, Inc. in the amount of $257,443.64. j. Presentation, possible action, and discussion regarding renewal of a contract for Janitorial Supplies. This is the final renewal of a contract with Criswell Distributing. Criswell Distributing is requesting a 3% increase to the current, not to exceed, contract amount of $52,744.14. The increase will result in a final, not to exceed, contract amount of $54,326.32. k. Presentation, possible action, and discussion regarding a change order to decrease Professional Services Contract 07-086 by $24,226.74. This contract between Malcolm Pirnie, Inc. and the City of College Station is for the design and construction administration services associated with the Parallel Wellfield Collection Line project. l. Presentation, possible action, and discussion on the application and acceptance of an Office of the Governor, Criminal Justice Division (CJD) Grant. m. Presentation, possible action and discussion on a Partial Settlement Agreement between the City of College Station and Virtual Equity Group, Inc. and Mega Equity Holdings for delinquent hotel occupancy taxes for case number 10-10-00052-CV in the 10th District Court of Appeals, Waco Texas. n. Presentation, possible action and discussion on a funding agreement amendment between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY11 in the amount of $22,000 for roof repairs at the agency’s facility; and presentation, possible action and discussion on a Hotel Tax Fund contingency transfer in the amount of $22,000. o. Presentation, possible action, and discussion regarding a resolution amendment for the College Station Business Council. 4 City Council Regular Meeting Page 3 Thursday, March 24, 2011 p. Presentation, possible action and discussion on a settlement agreement between the City of College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, Ben White, Hugh Stearns and Dennis Maloney and Weingarten Realty Investors and Weingarten/Investments, Inc. to resolve the lawsuit Weingarten Realty Investors, et. al. v. The City of College Station, Texas, et. al. 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 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 annexation and the annexation service plan for approximately 649 acres located on the southwest side of the City, identified for annexation under the exempt status. 2. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas by rezoning 3.41 acres located at 2302 Longmire Drive from C-1 General Commercial and R-6 High Density Multi-Family to R-6 High Density Multi-Family. 3. 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, March 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. Posted this 21st day of March, 2011 at 5:00 p.m. 5 City Council Regular Meeting Page 4 Thursday, March 24, 2011 ________________________________ 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 March 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. 6 March 24, 2011 Consent Agenda Item No. 2a City Council Minutes To: David Neeley, City Manager From: Sherry Mashburn, City Secretary Agenda Caption: Presentation, possible action, and discussion of minutes for March 8, 2011 Special Meeting and March 10, 2011 Workshop and Regular Council Meeting. Attachments: · March 8, 2011 Special Meeting Minutes · March 10, 2011 Workshop Minutes · March 10, 2011 Regular Minutes 7 SM030811 Minutes Page 1 MINUTES OF THE SPECIAL CITY COUNCILMEETING CITY OF COLLEGE STATION MARCH 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, City Manager Kathy Merrill, Assistant City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 4:05 p.m. on Tuesday, March 8, 2011 in the College Station Utility Services Training Center, 1603 Graham Road, College Station, Texas 77842. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, the College Station City Council convened into Executive Session at 4:06 p.m. on Tuesday, March 8, 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 · Clancey v. College Station, Glenn Brown, and Kathy Merrill 8 SM030811 Minutes Page 2 · 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 · Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et al B. Consultation with Attorney to seek legal advice; to wit: · Legal Issues related to Wellborn Annexation · Legal Issues regarding possible revenue sharing and legislation in bio-corridor The Executive Session adjourned at 4:42 p.m. on Tuesday, March 8, 2011. 3. Action on Executive Session. No action was required from Executive Session. 4. Presentation, possible action, and discussion regarding the draft annexation service plan and updated annexation fiscal impact information for the Wellborn area. Lance Simms, Assistant Director of Planning and Development Services, provide an update on the annexation process and an analysis of the fiscal impact. The map shown depicted a proposed area of annexation reduced to 648 acres due to several non-annexation agreements. These development agreements will be acted upon concurrently with the vote on annexation. The proposed area has 82 dwelling units, with a population of just over 200. The total value of the area is $25 million. This annexation will increase the area of College Station by approximately 2% and will increase the City’s population by two-tenths of 1%. The Service Plan, as required by state law, will provide service to the annexed area in a manner comparable to the level of service available to similar areas of the City. It does not reduce the service level within the City limits by more than a negligible amount. The service plan, upon annexation, is a contract with the residents of the annexed area. There are three components to the Service Plan: 1) immediate services; 2) additional services; and 3) capital improvement projects. Immediate services include such things as police protection (routine patrols, traffic control, etc.); fire protection (emergency response, target hazard inspections, etc.); emergency medical service (nothing changes in this area because we are the primary provider); and solid waste collection (state law says residents may continue to use private collection agencies for two years before the City provides the service and bills the resident). The operation and maintenance of water and wastewater facilities is another service included in the plan; however we do not have to provide water because the area is already served by Wellborn Water. Wastewater is development driven, but the City will be proactive and do some work on the north west side through the CIP process. 9 SM030811 Minutes Page 3 We will take on the operation and maintenance of public roads and streets at the same level, but we don’t maintain private roads. Other immediate services include the operation and maintenance of public parks and playgrounds (these will be maintained at the same level as in the City) and the operation and maintenance of other publicly-owned facilities (Wellborn residents will continue to receive power from BTU). Additional services are above and beyond what the state requires. The Local Government Code is not explicit about additional services, but the service plans provides that the City will provide additional services such as: · Building permits/inspections (currently there are no permits required in the county) · Planning/development services, including the Comprehensive Plan, re-zoning, and a Chapter 2 special study · Economic and community development(residents will be able to participate in the HOME program for repair/remodel grants for owner-occupied homes) · Animal control · Code enforcement · Recycling collection above and beyond curbside collection Capital improvements will include wastewater service. The City is obligated to provide service to a portion of the annexed area. Street/road maintenance is being proposed to upgrade dirt/gravel roads, and we will also look at the future land use plan and existing development. All other services do not require a CIP. Annexed areas will be served through existing facilities, mutual aid agreements, and franchise agreements. Mr. Simms then presented a proposed sanitary sewer plan. Existing gravity lines are providing sewer service to areas of the proposed annexed area. Everything else is operating on private systems. Staff is proposing to put in a 12” gravity line to service the area along the east side of FM 2154, with taps and stub outs for parcels fronting that road. This line is part of the existing master plan. The Local Government Code says that CIP projects must be completed within two- and-a-half years, but can be pushed out to four-and-a-half years. They are proposing four-and-a- half years in the service plan. The immediate fiscal impact shows conservative estimated projected annual revenues of $113,000 for property tax and $60,000 for sales tax. The annexed property would be added to the tax rolls in January 2012, and it would be a year before the City sees any revenue. Immediate anticipated costs are broken down as: · Survey work $ 16,800 · Seal coat for gravel roads/streets $102,000 (about 7,500-8,00 linear feet completed in about two-and-a-half years) · Compensation for ESD $ 15,000 · Wastewater CIP $3,300,000 (spread over 20 years and includes acquisition costs) The wastewater CIP would be paid for through a rate increase of 2% (or 55 cents per month per typical single-family home) or through impact fees. 10 SM030811 Minutes Page 4 A conservative estimate of the full build out fiscal impact, with static projections (property tax and sales tax remaining the same), shows an additional $44,000 for utility revenues. The cost to serve the area is approximately $191,000 resulting in an annual fiscal impact of $26,000. The next steps in the process include a first Public Hearing on March 22, at 6:00 p.m., at the Wellborn Community Center, and a second Public Hearing on March 24, at the regular City Council meeting. Council will consider the annexation at the April 14 Council meeting. The plan will be posted on the City website, and copies will be made available for the public to view. Notices have been mailed out to affected residents, and Public Hearing notices will be published in the paper. 5. Adjournment MOTION: There being no further business, Mayor Berry adjourned the Special Meeting of the College Station City Council at 5:55 p.m. on Tuesday, March 8, 2011. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 11 WKSHP031011 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MARCH 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 Workshop of the College Station City Council was called to order by Mayor Nancy Berry at 3:00 p.m. on Thursday, March 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. No items were pulled from the Consent Agenda. 2. Presentation, possible action, and discussion introducing Mr. Bryan Griesbach, BVSWMA, Inc. Executive Director to the College Station City Council. Bryan Griesbach, Executive Director of BVSWMA, Inc., came forward to introduce himself. He applauded staff for their assistance in his transition. He reported that the site has been highlighted in the American Public Works Association magazine, noting that the site is the only LED certified landfill in the U.S. The new facility will be opening soon, possibly within the next 12 WKSHP031011 Minutes Page 2 60-90 days. He has been in the profession for 21 years and stated this facility is the finest he has ever seen. 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 Bryan Griesbach as Executive Director of BVSWMA, Inc. The motion carried unanimously. 3. Presentation, possible action, and discussion regarding the economics of possible implementation of “system capacity” impact fees for Water and Wastewater. Dave Coleman, Water Services Director, presented a recap. The report was completed and approved by CIAC. Maximum fees considered for water was $1,480 and wastewater was $1,578. Staff’s policy recommendation to CIAC was to implement water/wastewater impact fees at $400 each and zero out the five existing impact fees on specific lines. Impact fees will directly affect our ability to support future development. Wastewater is nearing capacity, and staff is considering a joint meeting with Planning and Zoning to review the wastewater master plan. On April 28, the Council will have the second and final public hearing and will consider adoption of impact fees. Jeff Kersten, Director of Finance, presented some assumptions regarding impact fees. Assumptions included the City collecting impact fees for 5 years, using an example of a capital project of $10 million, and considering various funding sources. Assuming the issuance of a twenty-year debt, he showed what the impact is with and without an impact fee. No water impact fees could result in a rate increase of 5.6%. A water impact fee could result in a rate increase of 3.3%. He also reviewed what impact different fees would have. A lower fee of $150 still needs a 5.4 % increase and the higher fee of $400 results in a 5% rate increase. Wastewater impact fees could result in a rate increase of 6.1% for no fee and 5.3% for a $400 fee. Dr. Jim Gaines, Research Economist, TAMU Real Estate Center, reported that the Bryan/College Station area is doing very well. College Station grew 38% this census period. The Hispanic community growth is significant as compared to others. Single-family building permits have been up and down during certain periods, and for the most part, the fall off has not been as pronounced as other areas of the state. The value of permits since 1994 is $122,000 per dwelling unit on average. Looking at the 2009 breakdown of the average household income in the community, assuming a 10% down payment, a 5% fixed rate, along with other variables, 42% of households in the area cannot afford to pay more than $75,000 for a home. Another 22% cannot afford to pay more than $125,000. 64% of households in the greater community cannot afford pay more than $125,000 based on these assumptions. As home values increase, for every $1,000 increase, more families cannot afford a home, with a lesser impact on lower income homes than upper income homes. Material costs are going up, and it is a matter of time for interest rates to increase. The median home price is extremely important. We have had continuously increasing median home prices as compared to other areas of the state. We are running 6-7% below trend. 4. Council Calendar · March 17 Planning & Zoning Commission Meeting in Council Chambers at 6:00 p.m. 13 WKSHP031011 Minutes Page 3 · March 21 IGC Meeting at BVCOG, 12:00 p.m. · March 22 Special Council Meeting/Annexation Public Hearing at Wellborn Community Center, 6:00p.m. · March 23 Leadership Brazos Local Government Day at Wolf Pen Creek - Green Room – 1015 Colgate Drive, 8:15 a.m. · March 24 City Council Workshop/Regular Meeting 3:00 p.m. and 7:00 p.m. · March 31 Youth Advisory Committee Town Hall Meeting at A&M Consolidated High School Lecture Hall, 4:30 p.m. On March 30 is the groundbreaking for the new Scott & White Hospital in the morning and the Police Banquet that evening. 5. Presentation, possible action, and discussion on future agenda items: a Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Maloney inquired how the “Adopt a Park” program was progressing. Mayor Berry requested an item to discuss the disposition of City property, specifically the vacant land in Northgate. 6. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, 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 briefly reported on BVWSMA and the Council of Governments. Also, the Health Department has prepared a video showcasing what they do. Councilmember Ruesink reported on the Sister Cities retreat. They have added Kazan, Russia to the emeritus status list, and Belgium was added as the most probable country to be added to the next Sister City country in addition to the cities in Mexico and Germany. They are planning a summit to bring TAMU organizations and city groups to discuss ways in which they work with international people. He is also reported that the CVB met and selected a company to study what is the most effective and efficient use of the hotel occupancy tax. 14 WKSHP031011 Minutes Page 4 7. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072 – Deliberation Regarding Real Property, and §551.074-Personnel Matters, the College Station City Council convened into Executive Session at 4:20 p.m. on Thursday, March 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 · Clancey v. College Station, Glenn Brown, and Kathy Merrill · 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 · Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et al B. Consultation with Attorney to seek legal advice; to wit: · Legal issues regarding possible revenue sharing and legislation in bio-corridor · Legal Issues Related to Wellborn Annexation · Legal issues related to the City's agreement with the Convention and Visitors Bureau C. Deliberation regarding real property; to wit: · Shake's lease at Chimney Hill property D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: · City Council Self-Evaluation The Executive Session adjourned at 5:17 p.m. on Thursday, March 10, 2011. No action was required from Executive Session. 15 WKSHP031011 Minutes Page 5 8. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 5:18 p.m. on Thursday, March 10, 2011. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 16 RM031011 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 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 7:00 p.m. on Thursday, March 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. · Presentation by the Historic Preservation Committee of Historic Home Marker #57 to Mr. and Mrs. Quint Foster of 1007 Walton Drive. Anne Boykin, Heritage Programs Coordinator, and Dr. Louis Hodges, Historic Preservation Committee, presented Historic Marker number 57 to Mr. and Mrs. Quint Foster of 1007 Walton Drive. 17 RM031011 Minutes Page 2 · Citizen Comments Judy Leunes, 1356 South Oaks Drive, President of the Brazos Animal Shelter Board, thanked the staff for their cooperation during the process. She greatly appreciates the City’s support. Amy Pyland, 5201 Gary Road, Director of the Eyes of Texas Wildlife Rescue, reported she has been banned from the animal shelter properties for reasons not known to her. Ms. Leunes has threatened her with arrest, but she has not been told the reason why she is banned. Ms. Leunes has told people she is banned from other organization, which is not true. What kind of board president bans people from the premises and spreads rumors? She is concerned for the citizens that use the shelter. It is her belief that she is banned because of her concern on how the animals are treated. Animals have been euthanized that were adoptable. She has a tape recording that Ms. Leune will only work with two rescue groups, so it is no wonder so many animals are euthanized. She stated the shelter is secretive and unprofessional. Charli Rohack, 4409 Leonard, Bryan, Director of Eyes of Texas Rescue, said her organization has been serving the county for over a decade and holds permits from several state agencies. There is ongoing illegal activity that the animal shelter has engaged in for years. They kill scores of wildlife, particularly migratory birds, when it is illegal to even disturb nests or take eggs. She asked them to take the birds to A&M if she is not available, but they just kill them. A federal agent did a walk in yesterday and was told they did not kill birds. US Fish and Wildlife called them and told them not to take in any migratory birds, and all birds must be referred to Charli Rohack. Ms. Leune said whoever reported the shelter to Fish and Wildlife would be banned. She asked the Council to not turn a blind eye. She asked if the shelter receives a fee for every wildlife animal taken in and if anyone is looking at their books. Beverly Young, 7701 Jones Road, stated she moved to College Station in 2002 and takes pride in the community. She has worked with the Brazos Animal Shelter as a wildlife rehabilitator for five years and values life no matter what form. Their mission statement is they provide humane care and shelter for stray and unwanted animals. Her experience is they do not follow this mission statement. When asked, she cannot refer the shelter; she always refers people to A&M. She provided an example of a healthy, adoptable dog that was euthanized. The people that brought the dog in were assured the dog would be adopted, and she found people to adopt the dog in a matter of hours, but they were told the dog was not adoptable. They must be accountable to their mission statement. She urged the Council that if they decide to contract with them, then to please hold them accountable with an audit board. James Rohack, 4409 Leonard Road, Bryan, thanked the Council for allowing concerns to be brought forward regarding a long term contract. He reported the Eyes of Texas Wildlife Rescue was created to fill a void. He stated the Animal Shelter receives payment based on headcount. The more they kill, the more turnover, resulting in a higher headcount. If an organization has a long track record of not following the laws of the nation, then it does not seem to be good governance. There should be an audit of the books. 18 RM031011 Minutes Page 3 Shari Yvon-Lewis, 2497 Newark Circle, stated there is no rush to make this decision. She asked the Council to wait until they have all the facts from Bryan. The options for Bryan were not made available until Tuesday so there has not been enough time to make an informed decision. One option was $80 per animal. For that money you get a low cost spay/neuter clinic in the community. This will reduce intake and create significant savings. The program with the CARE Corporation would include a large foster program which is not in place with the animal shelter. There should be a non-profit partner to help with donations. She expressed her concern that the Brazos Animal Shelter can go off and build a facility and then decide they don’t need the City, leaving the City high and dry. Gwendolyn Inocencio, 6849 Bendwood, president of her own personal rescue organization, stated the animal shelter is referred to as the wonderful folks at the animal shelter, but asked is they are successful at what they are doing. They should have a high save rate. Their rate is 60%, the same as the national average. What else about our community is average? As a client, we deserve to partner with the organization with the most efficient methods. There should be a 90% and above save rate. Why aren’t we emulating those methods. We should build a robust foster program, and it doesn’t cost a penny. The Brazos Animal Shelter has chosen not to let these individuals help. Elayne Brooks, 3001 Pierre Place, is astounded at the Council’s willingness to sign a contract with the animal shelter knowing the board bans citizens just because they disagree with them. The City should look at this strongly. This will be the only game in town, and then these people will not be able to adopt animals or pull them out for placement. Charles Brooks, 3001 Pierre Place, implored the Council to further consider the contract. Why was there no RFP or competitive bidding process? He referred to city charter provisions and noted that state law also requires a competitive bidding process. He doesn’t understand why the City has not done this. We were told they were the only game in town, but now we know they are not. The state constitution states that any grant of public money must be accompanied by public oversight. The animal shelter has been allowed to collect, retain, and spend over $1 million. He did an open records request and was told it was none of his business. Charles Ellis, 1920 Peach Creek, provided an anecdotal message and stated the moral is to make sure you understand the question before giving the answer. His concern is for the animals, the cost to the taxpayer, and service to the public. Will they provide this? An effective animal shelter must provide first class care for animals, have low euthanasia rates, high adoption rates, and education programs in public forums. They should work well with the community, as well as welcome volunteers and local families. They should provide low cost vaccinations. If this is done, then local vets will benefit from more animals in homes. They should also provide trap and release programs for feral cats. Christopher Sandoval, 4102 College Main, stated the shelter is publicly funded, and as such, is an employee of the taxpaying public. He asked what employee can ban its employer. It is questionable that they are asking for a 105% increase. The euthanasia rate for cats is 80% and 74% for dogs. That number is limited to breeds such as pit bulls and chows. He has documentation of an American Bulldog mistaken for a Pit Bull and euthanized without checking 19 RM031011 Minutes Page 4 first for the microchip. They are refusing help and offers to take animals off their hands. Employees are told to disregard public questions and to lie about why Pit Bulls are not allowed to be adopted. The shelter is not a good role model for the City. Sharon Shull, 11580 Golden Mist, a local vet, reported she started a spay/neuter project called Spay Days. She works in conjunction with the Brazos Animal Shelter, other organizations, and vet hospitals. They have served 300 cats and will begin working on dogs. They screen all applicants for income requirements and make sure if they are low income, the service is free. This is a positive program and could not be done without the cooperation of the animal shelter. Karen Goralczyk, 2314 Carter Creek Parkway, reported on her experience with the shelter. They have been attacked for not having a low cost spay/neuter program. They send over twenty animals a week to organizations for this service. They foster dogs until they are ready for adoption. She named several different rescue organizations that the animal shelter partners with. They do have vaccine clinics. They would like to have a lower euthanasia rate, but it comes down to space and money, and unfortunately, they cannot all be saved. She has never heard anyone be dishonest. Chris Needham, 720 Hasselt, Street, said what it comes down to as a taxpayer is how are you going to spend my money. There has been very little auditing and no competitive bidding. All the points brought forward seem valid. She asked the Council to please take more time and look at all the options. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for February 24, 2011 Workshop and Regular Council Meeting. 2b. Presentation, possible action, and discussion regarding approval of resolution authorizing the Mayor and City Secretary to sign the inter local agreement between the City of College Station and College Station Independent School District for the conduct and management of a joint election to be held on May 14, 2011. Presentación, acción posible, y discusión en lo que concierne la aprobación de la resolución autorizando al Alcalde y a la Secretaria de la Ciudad a firmar el acuerdo interlocal entre la Ciudad de College Station y El Distrito Escolar Independiente de College Station, para conducir y administrar una elección conjunta que se llevará a cabo el 14 de mayo de 2011. 2c. Presentation, possible action, and discussion on an ordinance authorizing a General (Regular) Election to be held on May 14, 2011, for the purpose of electing a City Councilmember, Place 1, a City Councilmember, Place 3, and a City Councilmember, Place 5, by the qualified voters of the City of College Station; authorizing a Joint Election with the College Station Independent School District to be held on May 14, 2011; authorizing the City Secretary to arrange an equitable basis for sharing the costs of the Joint Election; designating election precincts; appointing election officials; establishing pay rates for election workers; providing for notice of said election; providing for the use of 20 RM031011 Minutes Page 5 direct recording electronic voting machines; providing for Early Voting; providing a severability clause; and providing an effective date. Presentación, posible acción y discusión acerca de la una ordenanza autorizando Elecciones Generales (Regulares) a celebrarse el 14 de mayo de 2011, con el propósito de elegir al miembro del Consejo de la Ciudad, Puesto número 1, a un miembro del Consejo de la Ciudad, Puesto número 3, y a un miembro del Consejo de la Ciudad, Puesto número 5, por los votantes calificados de la Ciudad de College Station, autorizando Elecciones Conjuntas con el Distrito Escolar Independiente de College Station a celebrarse el 14 de mayo de, 2011; autorizando a la Secretaria de la Ciudad para arreglar una base equitativa en el cual puedan compartir los gastos de las Elecciones Conjuntas designando distritos de elecciones; estableciendo las tarifas de compensación para los empleados electorales; proporcionando una notificación de dichas elecciones; preparando y haciendo los arreglos necesarios para el uso de las máquinas electrónicas de votar por registro directo; haciendo los arreglos necesarios para las Votaciones Tempranas; proporcionando una cláusula de divisibilidad; y proporcionando una fecha efectiva. 2d. Presentation, possible action, and discussion on an ordinance amending Section 1 of Ordinance No. 2011-3316, ordering a Special Election to be held on May 14, 2011 for the purpose of recalling Mayor Nancy Berry, Councilmember Katy-Marie Lyles, Place 4, and Councilmember Dave Ruesink, Councilmember, Place 6. Presentación, posible acción y discusión de la Ordenanza de convocatoria a Elecciones Especiales para remover a la Alcalde Nancy Berry, al miembro del Consejo Katy-Marie Lyles, Ocupando el Puesto Número 4, y al miembro del Consejo Dave Ruesink, ocupando el Puesto Número 6. 2e. Presentation, possible action, and discussion on a bid award for the purchase of electrical transformers to be stored in inventory as follows: KBS $115,965.00; Priester, Mell & Nicholson $20,954.00; Wesco $46,115.00 for a total of $183,034.00. 2f. Presentation, possible action and discussion to approve a sole source purchase order not to exceed the amount of $100,000 with Entergy, the Well 8 electrical power provider. 2g. Presentation, possible action, and discussion to approve a resolution providing an exception to Policy to allow Mr. Mathers to construct sewer infrastructure necessary to connect his home to the City sewer system. No items were pulled from the Consent Agenda. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Presentation, possible action, and discussion regarding a new contract with the Brazos Animal Shelter. 21 RM031011 Minutes Page 6 MOTION: Upon a motion made by Councilmember Lyles 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 the contract with the Brazos Animal Shelter. The motion carried. 2. Presentation, possible action, and discussion regarding approval of the Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 12 and authorizing the City’s quarterly payments of approximately $49,219 for an annual total of $196,876. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to approve the Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 12 and authorizing the City’s quarterly payments of approximately $49,219 for an annual total of $196,876. The motion carried unanimously. 3. Presentation, possible action, and discussion on appointments to fill vacancies on the following committees and boards: Citizens Charter Review Advisory Commission. The following people were appointed to the Citizens Charter Review Advisory Commission: Brian Bochner Terry Childers Chuck Ellison Patrick Gendron Paul Greer Gary Halter Tony Jones Jim Maness Lynn McIlhaney Buck Prewitt 4. Adjournment. MOTION: There being no objection, Mayor Berry adjourned the Regular Meeting of the City Council at 9:15 p.m. on Thursday, March 10, 2011. The motion carried unanimously. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 22 March 24, 2011 Consent Agenda Item No. 2b TMRS Non-Disclosure Agreement To: David Neeley, City Manager From: Alison Pond, Human Resources Director Agenda Caption: Presentation, possible action, and discussion to approve a Non- Disclosure Agreement with Texas Municipal Retirement System (TMRS). Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently Recommendation(s): Staff recommends approval of the agreement. Summary: In an effort to better protect the confidential information TMRS maintains on its members, TMRS now requires each city to approve and sign a Non- Disclosure Agreement regarding the use and protection of member information TMRS provides the City. The City regularly requests and receives member information from TMRS, including service credit listings for analysis on workforce retirement eligibility and succession planning and for use in actuarial valuation studies on benefits. Approval of this agreement will allow us access to that information once again. Budget and Financial Summary: There are no costs associated with the approval of this agreement. Attachments: TMRS Non-Disclosure Agreement 23 TEXAS MUNICIPAL RETIREMENT SYSTEM NON DISCLOSURE AGREEMENT This Non Disclosure Agreement (the “Agreement”) is made on and effective as of this ______ day of March, 2011 by and between the City of College Station, Texas, a Texas Municipal Home-rule Corporation (“City”) and the Texas Municipal Retirement System (“TMRS”). RECITALS WHEREAS, City is a municipality that participates in TMRS; and WHEREAS, City has hired an actuarial firm to perform actuarial services which require City participant data from TMRS; and WHEREAS, TMRS must protect the confidentiality of this participant data pursuant to Sections 552.101 and 855.115 of the Government Code; and WHEREAS, TMRS may disclose such information pursuant to the terms and conditions herein; * * * NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge and confirm, the parties agree as follows: 1. For the purposes of this Agreement, “Confidential Information” shall mean only TMRS participant data which is subject to Section 855.115 of the Government Code, including, but not limited to, any information concerning an individual member, retiree, annuitant, or beneficiary, whether in electronic or written form provided by TMRS to any employee, officer, representative, contractor or agent of the City (each a “Receiving Party”) during the term of this Agreement. Confidential information will not include any information which (i) is or becomes publicly available, (ii) is already in the City’s possession and not otherwise subject to the confidentiality provisions of Section 855.115 of the Government Code; (iii) is or becomes available to the City on a non-confidential basis from a source other than TMRS, provided that such source is not known to be subject to any legal or contractual obligation to TMRS to keep such information confidential, or (iv) is independently developed by the City or on the City’s behalf without violating any of City’s obligations hereunder. 2. The City represents that any of its employees, officers, representatives, contractors or agents who will receive the Confidential Information, will, prior to receiving such information, sign and agree to be bound by language at least as restrictive as the language contained in this Agreement, regarding the use and protection of the Confidential Information. 3. The City or any Receiving Party agrees that all Confidential Information: a. shall be maintained in accordance with Section 855.115 of the Government Code and in strict confidence by such Receiving Party except as required by an order of a court of competent jurisdiction or other legal process; b. shall not be disclosed by the Receiving Party to any third party other than the employees or agents of such Receiving Party who have a need to know the information in connection with the purpose stated in the Recitals; and c. shall return the Confidential Information to TMRS or destroy any and all originals and copies upon completion of the set task for which it is required or at the end of an appropriate record retention period. 24 Page 2 of 2 4. The City or any Receiving Party shall not publish any report, press release, data or other information regarding or determined from such Confidential Information to the extent the report, press release, data or other information includes individual participant data in a form identifiable with a specific individual and whose release would be prohibited by Section 855.115 of the Government Code, unless otherwise required by law. 5. The parties agree that if a breach of this Agreement occurs by a Receiving Party, TMRS shall suffer irreparable harm and significant injury and loss to a degree which would be difficult to ascertain and which would not be fully compensable by damages alone, and that TMRS shall have the right to invoke the jurisdiction of the courts to seek immediate temporary or permanent injunctive relief, specific performance or other equitable relief, without bond, and without prejudice to any other rights and remedies available to TMRS. 6. This Agreement is to be construed and interpreted in accordance with the laws of the State of Texas without regard to its conflicts of laws provisions. It is agreed that venue shall be in the District Court of Travis County, Texas. 7. Each party represents that the person signing below has the requisite right and authority to execute this Agreement on behalf of its organization and to bind it to the provisions hereof. The parties further agree that this Agreement contains the entire understanding of the parties with respect to the subject matter hereof and that there are no other agreements or understandings with respect to the subject matter. 8. If any third person or entity requests or seeks to compel the City to disclose or produce any information provided to the City by TMRS under this Agreement which is subject to Section 855.115 of the Government Code, or claims an entitlement to any such information on the grounds that such information is alleged or claimed to be generally available to the public or to constitute in whole or in part a public record, document or report under applicable law, the City agrees to file a timely request for an opinion of the attorney general seeking to withhold the information under the Texas Public Information Act. In addition, the City agrees to use its best efforts to notify TMRS within two (2) business days of its receipt of such a request, but in no case later than is reasonably necessary to provide TMRS an adequate opportunity to request a legal opinion or to consent to or seek to prevent such disclosure through protective order or other appropriate remedy. 9. The parties agree that Chapter 2260, Texas Government Code, is applicable to this Agreement and the dispute resolution process provided for in Chapter 2260 will be used by TMRS and City to attempt to resolve any claim for breach of contract or other claim made by City that cannot be resolved in the ordinary course of business. The Executive Director of TMRS or his designee will examine the City’s claim and any counterclaim and negotiate with City in an effort to resolve such claims. The parties specifically agree that (i) neither the execution of the Agreement by TMRS nor any other conduct, action or inaction of any representative of TMRS relating to the Agreement constitutes or is intended to constitute a waiver of TMRS’ sovereign immunity to suit; and (ii) TMRS has not waived its right to seek redress in the courts or to a jury trial. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) set forth opposite the signatures of their authorized representatives to be effective for all purposes on the date first written above. CITY OF COLLEGE STATION TEXAS MUNICIPAL RETIREMENT SYSTEM BY: ______SEE ATTACHED__________ BY: ____________________________ NAME: ______________________________ NAME: DAVID R. GAVIA TITLE: ______________________________ TITLE: EXECUTIVE DIRECTOR DATE: ______________________________ DATE: __________________________ 25 March 24, 2011 Consent Agenda Item No. 2c Purpose of the Medical Corridor Advisory Committee To: David Neeley, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action, and discussion regarding the purpose of the Medical Corridor Advisory Committee. Relationship to Strategic Goals: Goal III.1 Promote knowledge-based businesses; Goal III.3, Expand and retain existing businesses; Goal III.4 Promote business- friendly attitude; Goal III.9 Recognize prudence of government intervention in the marketplace Recommendation(s): Staff recommends that the City Council approve the resolution that establishes the purpose of the Medical Corridor Advisory Committee. Summary: On November 10, 2010, the City Council appointed twenty-seven (27) members to the Medical Corridor Advisory Committee, and at the December 9, 2010 regular meeting City Council appointed an additional ten (10) members. Staff has drafted an enabling resolution that establishes the general purpose of the Medical Corridor Advisory Committee. Budget & Financial Summary: All costs associated with the administration of the Medical Corridor Advisory Committee are covered by Medical Corridor Study contract #10-224 between Schrickel, Rollins & Associates, Inc. and the City of College Station. Attachments: 1. Enabling Resolution 2. List of Medical Corridor Advisory Committee Appointees 26 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF COLLEGE STATION, TEXAS, AUTHORIZING AND CREATING A COMMITTEE OF STAKEHOLDERS/COMMUNITY REPRESENTATIVES TO ASSIST IN A STUDY OF A MEDICAL CORRIDOR FOR THE CITY OF COLLEGE STATION NAMED MEDICAL CORRIDOR ADVISORY COMMITTEE. WHEREAS, the City Council of the City of College Station wishes to develop a Medical Corridor in southern College Station; and, WHEREAS, citizens and other stakeholders have volunteered to provide guidance and feedback for the medical corridor planning process; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS: PART 1: That the City Council of College Station, Texas hereby approves the creation of a committee of up to fifty (50) members to act as stakeholders/community representatives to discuss the viability of a Medical Corridor for College Station, Texas. PART 2: That the committee of selected stakeholders/community representatives through the Economic & Community Development Director shall advise, guide and provide feedback and assistance to the Department of Economic & Community Development, City Manager and City Council. PART 3: That the committee of selected stakeholders/community representatives shall help establish the overall vision for the project, offer a community-wide perspective and assist with general fact-finding and information gathering related to the community and the planned Medical Corridor. PART 4: That the activity of the committee of stakeholders/community representatives shall include coordinating with the Medical Corridor Consultant Team to discuss the overall concept plan, community history and background as related to the project, and assist with market reconnaisance and feasibility for medically-oriented economic development. PART 5: That the committee of selected stakeholders/community representatives shall ultimately make recommendations for responsible, managed growth and development related to the planned Medical Corridor and through the Medical Corridor Consultant Team provide advisory recommendations to City Council, and PART 6: That this resolution shall be effective immediately from and after its passage. ADOPTED this day of , 2011. 27 ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney 28 Attachment 2 - List of Medical Corridor Advisory Committee Appointees Specialty Stakeholder Name Stakeholder Affiliation Financial/Real Estate/Legal Anderson, John E. Wealth Management Advisor, Merril Lynch Cleere, Patricia Owner, Life Design Realtor Ellison, Chuck Ellison Law Firm, Attorney, Owner Sanford, Marsha Real Estate Broker, REMAX Real Estate Engineer/Project Development Batenhorst, James Project Engineer, Mitchell & Morgan, LLP Schultz, Julie Owner, Schultz Engineering Texas A&M Affiliated Clendenin, Angela Director of Communications & Public Relations, Texas A&M University College of Veterinary Medicine & Biomedical Sciences Dorsey, Alicia M. Vice President, Community Outreach, Texas A&M HSC Hard, Ed Transporation Research, Texas Transportation Institute Morgan, Jim Associate Professor of Civil Engineering, TAMU Sanders, Dr. Chuck TAMU Health Science Center Private Medical Practitioners Bains, Dr. Bobby Cancer Liaison Physician, CSMC Harrykissoon, Dr. Rajesh Critical Care Physician Phillips, Dr. Doug Optometrist, Texas State Optical, Stonebridge HOA Watson, Dr. Garland Orthodontist, Watson Orthodontist Specialists CS Medical Center Affiliated Bailey, Rodney Material Management Director, CSMC Bode, Carol Quality Management Regulatory Compliance Director, CSMC Bond, Sharon HR Director, CSMC (Southwood Valley Animal Hospital) Brown, Joe College Station Medical Center, Dir. of Public Communications 29 Attachment 2 - List of Medical Corridor Advisory Committee Appointees Hartman, Frank College Station Medical Center, Dir. of Development Jackson, Tom College Station Medical Center, Chief Executive Officer Lechler, Shane Facility Pharmacy Director at Community Health Systems Rinard, Sheila Director, Patient Care Services, CSMC Non-CSMC Hospital Affiliated Ottinger, Timothy Vice President, Communications & Marketing at St. Joseph Health System Rayburn, Bill Scott & White Medical Center, Assoc. Reg. Chief Medical Officer Turton, Jon Vice President for Ambulatory Services, St. Joseph Regional Health Center Woodard, Gentry Scott & White Medical Center, Dir. Of Govt. & Community Affairs Neighborhood Assoc./Retired/Concerned Citizens Anderholm, Dennis Brandon Heights HOA Barnett, Denise Edelweiss Estates HOA Cohen, Ruth Concerned Citizen, Woodcreek Ebanks, Eleanor Concerned Citizen, Woodcreek Hazen, Anne Former College Station Councilwoman; Vice President, Hospice Auxiliary Brazos Valley, Inc. Mason, James M. Retired Physician, Woodcreek McGuire, R.N. "Nick", Jr. Retired, Glenhaven Estates McMurrey, Jan Devonshire HOA Walker, Kirsten Retired, Westfield Village White, Ben Former Mayor and Medical Professional Society Administrator Yates, Randy Shadowcrest HOA 30 March 24, 2011 Consent Agenda Item No. 2d Water Cooling Tower Media Replacement To: David Neeley, City Manager From: David Coleman, Director of Water Services. Agenda Caption: Presentation, possible action, and discussion regarding approval of a resolution authorizing award of construction contract #11-094, with MasterTech Services Inc. in the amount of $229,899 for the Water Cooling Tower Media Replacement project. Recommendation: Staff recommends Council approve the resolution Summary: Our well water comes out of the ground at 118 degrees, which is too hot for many domestic purposes. At the Sandy Point Pump Station, we have two large cooling towers that reduce the temperature of the water down to the 85 degree range. These cooling towers have fans on top that draw air through a series of hanging curtains called media that serve to greatly increase the surface area of the water and enhance cooling. The water cascades down, along the media, and is collected and then pumped to the City. These large curtains, or media, have reached the end of their useful service life and must be replaced, before they fail and interrupt our water supply. This contract will replace the media in both cooling towers to provide an approximate 15 year service life. This contract also includes some additional minor mechanical and structural work items to ensure the optimum performance of the cooling towers. These items include: Inspection of the towers’ structural frames and fan blade pitch angles; Mechanical connection and alignment of two motor and gear assemblies; Checking the mechanical alignment on a third motor-gear assembly; And replacement of the insect-proof screens on the sides of both towers. The media replacement and other work items are critical for the continued proper function of the cooling towers, therefore staff recommends approval of the resolution to award the construction contract. Budget & Financial Summary: Funds in the amount $300,000 have been budgeted for this project in the Water Capital Improvement Projects Fund. No funds have been expended or committed to date. Attachments: Bid tabulation Resolution (on file in the City Secretary’s Office) 31 City of College Station - Purchasing Division Bid Tabulation for #11-30 "2011 Cooling Tower Media Replacement" Open Date: Wednesday, February 23, 2011 @ 2:00 p.m. MasterTech Services, Inc. (Golden, CO) Advance Cooling Towers (Andrews, TX) Plant Equipment & Services (Bryan, TX) ITEM QTY UNIT DESCRIPTION BID AMOUNT BID AMOUNT BID AMOUNT 1 1 LS 2011 Cooling Tower Media Replacement (Lump Sum Bid)$229,899.00 $345,452.00 $446,016.00 999 N/A N/A N/A 99 Cashier's Check #003112 Kilgore Industries (Houston, TX) »NO BID BASE BID Advance Cooling Towers: »Bidder noted the following alternate bid on their proposal sheet: $267,481.00 (Furnish PVC fill in lieu of HPVC fill) NOTES: Certification of Bid Bid Bond Acknowledged Addendums Page 1 of 132 March 24, 2011 Consent Agenda Item 2e Professional Service Contract with McCord Engineering, Inc. and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt To: David Neeley, City Manager From: David Massey, Director of College Station Electric Utilities Department Agenda Caption: Presentation, possible action, and discussion regarding a three year professional services contract with McCord Engineering, Inc. for $1,800,000 for electrical engineering services and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Recommendation(s): Staff recommends Council approve the contract with McCord Engineering, Inc and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: This contract will be for an original term of three (3) years at $600,000 per year for a total of $1,800,000 for a three (3) year period. The City of College Station Electric Utilities Department has utilized McCord Engineering, Inc. for many years for electric engineering services. McCord Engineering is a highly-qualified local business and is very responsive to the needs of the City. Based on McCord’s unique familiarity with the City’s electric system it is in the City’s best interest to continue to contract with McCord to provide these services. As such this contract is exempt from the City’s Request for Qualifications process. It is anticipated over the three year contract that McCord Engineering will provide design services for new and existing electric systems and several new electric substations. Budget & Financial Summary: Funds are available as budgeted and approved in the Electric Utility’s annual budget and in the Electric Utility Capital Improvement Projects Fund for professional services related electric capital improvement projects. It is anticipated that long term debt will be used for the capital items covered by this contract. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because the long term debt has not been issued for the capital costs anticipated to be incurred as part of this contract. This debt is scheduled to be issued later this fiscal year and in future fiscal years. Attachments: 1. Contract 2. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt 33 3. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 NEW COVERSHEET FORMAT EXAMPLE 1 March 24, 2010 Consent Agenda Item No. 2f Renewal of Electric Annual Construction Contract and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt To: David Neeley, City Manager From: David Massey, Director of College Station Electric Utilities Department Agenda Caption: Presentation, possible action and discussion on the Renewal of Electric Annual Construction Contract #10-121, Bid #10-31, with H&B Construction for $860,161.92 and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Recommendation(s): Staff recommends renewal of the Annual Construction Contract with H&B Construction in the amount of $861,161.92 and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: This contract was approved by Council on April 8, 2010 for supplemental labor and equipment to construct the required electric distribution line extensions and conversion and provide necessary maintenance of the City’s electric distribution system for a 12 month period. This is the first renewal for this contract. Budget & Financial Summary: The original amount of contract was for $819,201.83. The current contract allowed for the increase in the contract amount of up to 8% by mutual agreement of both parties. This first renewal will be with a 5% increase for a new contract amount of $861,161.92. Funds are budgeted for electric capital system improvements and conversion in College Station Electric Utility Capital Improvement Projects Fund. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because the long term debt has not been issued for this contract. This debt is scheduled to be issued later this fiscal year. Attachments: 1. Renewal Acceptance Letter 2. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt 59 60 61 62 63 64 65 March 24, 2011 Consent Agenda Item No. 2g Four-way Stop: North Forest at Appomattox To: David Neeley, City Manager From: Chuck Gilman, P.E., Public Works Director Agenda Caption: Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10, “Traffic Code,” Section 2.C of the Code of Ordinances of the City of College Station changing the traffic control at the intersection of North Forest and Appomattox to a four-way stop controlled intersection. Relationship to Strategic Goals: I. Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: The existing intersection of North Forest and Appomattox has stop signs on three of the four approaches; eastbound North Forest being the only approach that doesn’t have a stop sign. Using the line of sight criteria identified in the 2004 Policy on Geometric Design of Highways and Streets, the sight distance for vehicles setting at the northbound Appomattox stop sign is inadequate to see vehicles approaching the intersection from the left (i.e., traveling eastbound on North Forest) due to the brick fence. Most of the traffic traveling eastbound on North Forest turns right at the intersection into the neighborhood. However, a motorist on Appomattox doesn’t always know whether the traffic on North Forest will turn right or go straight, and if they assume incorrectly, they could pull out in front of a vehicle traveling 45 mph. Due to the inadequate sight distance and 45 mph speed limit, a multi-way stop is recommended for this intersection. Budget & Financial Summary: The “Stop” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operation budget. Attachments: 1. Ordinance 2. Location Map 66 67 68 APPOMATTOX DR FRONTAGE 6 RD ENORTH FOREST PKWYEARL RUDDER FWY NSPRING CREEK ONRAMP 6 NFRONTAGE 6 RD WEARL RUDDER FWY SLAUREN DR ALISON AVE OFFRAMP 6 SSHADO W OAKSST THOMAS RDJUSTIN AVENUE WILDEW OOD CIR ROSEWOOD DRAMBER RIDGE DRCHESTNUT OAK CIRIRONWOOD DRB L A C K J A C K D R WALNUT BENDW HITEROSE CT PEBBLESTONE CTMAPLEWOOD CTWALNUT GROVE CTTURTLE ROCK LOOP4-Way Stop:North Forest at Appomattox !"$ !"$!"$!"$ 69 March 24, 2011 Consent Agenda Item No. 2h Intersections Controlled with Stop Signs To: David Neeley, City Manager From: Chuck Gilman P.E., Public Works Director Agenda Caption: Presentation, possible action, and discussion on consideration of an ordinance modifying Chapter 10, “Traffic Code,” Section 2.D of the Code of Ordinances of the City of College Station by updating the Traffic Control Device Inventory – Schedule III to add STOP signs at various intersection approaches. Relationship to Strategic Goals: I. Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This item will modify Chapter 10, “Traffic Code,” by updating schedule III of the Traffic Control Device Inventory to add STOP signs at various intersection approaches. Budget & Financial Summary: The “Stop” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operation budget. Attachments: 1. Ordinance 2. Map 70 71 72 !"$ ROYDER RD GREENS PRAIRIE TRGREENS PRAIRIE RD WALLEY GUS ROY RD REGAL OAKS DRMCCULLOUGH RDPOST OAK BEND HAZY MEADOW CT CREEK MEADOW BLVD NSILVER SPRINGS CT L OWR Y ME A D OW L N LOCHBURY CTC R EE K M EA D O W S BLV D N WOOD BROOK LN TIMBER CREEK LNBAKER MEADOW LPFOREST RIDGE DRGREENS PRAIRIE RD WALLEYClear Meadow Creek at Greens Prairie Rd 73 HARVEY RDFM 158 VISTA LNOLD TI RDUNIVERSI TY DR ERANCHERO RDLORI LN COPPERFIELD PK W Y LINDA LN ALLEYCRESCENT POINTE PKWYSARA LNBUENA VISTA LONETREE DR PAMELA LN MYTH LNCULTURE LN MARCY LN SA RA LN ALLEYALLEYLonetree Drive at Harvey RoadBuena Vista at Harvey Road !"$ !"$ 74 !"$ ROYDER RD GREENS PRAIRIE RD W GREENS PRAIRIE TRALLEY GUS ROY RD REGAL OAKS DRMCCULLOUGH RDPOST OAK BEND HAZY MEADOW CT CREEK MEADOW BLVD NSILVER SPRINGS CT L OWR Y ME A D OW L N BAKER MEADOW LPLOCHBURY CTC R EE K M EA D O W S BLV D N WOOD BROOK LN TIMBER CREEK LNGREENS PRAIRIE RD WALLEYRoyder Rd at Greens Prairie Tr 75 GREENS PRAIRIE RD WVICTORIA AVECASTLEGATE DRS H 4 0 / W I L L I A M D F I T C H P K W Y REGAL OAKS DR NORHAM DRCARLISLE CTNEWARK CIRRAVENSTONE LOOPR O C K B E N D D R CAMBER CT AMBERLEY PL DROGO CT ROCKINGHAM LOOP A P P L E B Y P L PARNELL DRSCOTNEY CTR O C K C L I F F E L O O P E D IN B U R G H P L KENDAL GREEN CIRSTONE CASTLE CIR CASTLE ROCK PKWYROCKY CREEK TRLCRAYKE PL ROCKY RHODES DR BERWICK PLHANNA COURT PICKERING PLVELENCI A CTHEARST CTBROUGHAM PLFI ELDSTONEPLACEARUNDEL CT CLIPSTONE PLS H 4 0 / W I L L I A M D F I T C H P K W Y Newark Circle at Castlegate Dr &Donnington Drive at Newark Circle !"$ !"$ 76 March 24, 2011 Consent Agenda Item No. 2i 2005 Bike Loop Phase II – College Station Bike Loop Completion Construction Contract Award To: David Neeley, City Manager From: Chuck Gilman, P.E., Public Works Director Agenda Caption: Presentation, possible action, and discussion to award the construction contract for the 2005 Bike Loop Phase II – College Station Bike Loop Completion to Fuqua Construction Company, Inc. in the amount of $257,443.64. Relationship to Strategic Goals: Goal IV, Improving Multi-Modal Transportation. Recommendation(s): Staff recommends award to Fuqua Construction Company, Inc. in the amount of $257,443.64. Summary: This contract is for the third segment of the original College Station Bike Loop project, which was an ISTEA grant proposal to construct a somewhat circular connection of bicycle facilities throughout the City of College Station linking several residential areas, commercial areas, City parks and municipal buildings. The first segment involved striping and signage of bike lanes and routes in various locations throughout the City. The second segment includes off street paths within Lemontree Park, Bee Creek Park, and Central Park. This phase will complete the portion of the Bike Loop within Bee Creek Park and will provide an important connection with the pedestrian improvements along Longmire Drive, linking the southern part of town to central College Station and the Texas A&M campus for multimodal users. The connection will also allow access to the Bike Loop from the hike and bike path currently under construction along FM 2818. In accordance with the Bike Loop Development Agreement with TxDOT, this award must be conditioned upon TxDOT's review and approval of the bid received. Budget & Financial Summary: The total budget for the Bike Loop project is $1,529,826. The budget includes $327,202 from the 2005 Bike Loop project (ST-0530), $169,000 from the Miscellaneous Bike Trails project (ST-9803), and $1,033,624 from the Hike and Bike Trails project (ST-0521). A total of $941,387.80 has been expended or committed to date for the development of this design and design and construction of the 2005 Bike Loop – Longmire Improvements. Funds in the amount of $588,438.20 remain for construction of this phase of improvements. As part of Texas Statewide Transportation Enhancement Program, 80% of construction expense will be reimbursed by TxDOT. Attachments: 1. Project Map 2. Non Standard Form of Construction Agreement (On File in the City Secretary’s Office) 3. Bid Summary 77 78 Bid Package Summary February 17, 2011 Phase II Bike Loop Completion Bid No. 11-01 Description Barsh ConstructionBrazos PavingBrazos Wide TracksKnife River SouthFollis-ColeBase Bid 347,475.00$ 319,570.88$ 329,885.70$ 324,390.60$ 370,744.57$ Total Calendar Days 90 90 90 90 90 Addendum 1 Yes Yes Yes Yes Yes Addendum 2 Yes Yes Yes Yes Yes Bid Bond Yes Yes Yes Yes Yes Bid Form Yes Yes Yes Yes Yes Certification(s)Yes Yes Yes Yes Yes Experience & Data Information Yes Yes Yes Yes Yes Description Fuqua ConstructionLarry Young PavingMarek Brothers*OCC ConstructionPalomares ConstructionBase Bid 257,443.64$ 258,965.20$ 317,357.01$ 354,526.41$ 342,023.26$ Total Calendar Days 90 90 90 90 90 Addendum 1 Yes Yes Yes Yes Yes Addendum 2 Yes Yes No Yes Yes Bid Bond Yes Yes Yes Yes Yes Bid Form Yes Yes No Yes Yes Certification(s)Yes Yes Yes Yes Yes Experience & Data Information Yes Yes Yes Yes Yes *Marek Brothers did not acknowledge Addendum 2 which included a revised bid form 79 March 24, 2011 Consent Agenda Item No. 2j Annual Blanket Order for Janitorial Supplies To: David Neeley, City Manager From: Chuck Gilman, P.E., Public Works Director Agenda Caption: Presentation, possible action, and discussion regarding renewal of a contract for Janitorial Supplies. This is the final renewal of a contract with Criswell Distributing. Criswell Distributing is requesting a 3% increase to the current, not to exceed, contract amount of $52,744.14. The increase will result in a final, not to exceed, contract amount of $54,326.32. Relationship to Strategic Goals: I. Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends renewal of the contract with Criswell Distributing for $54,326.32 Summary: In 2008 the City of College Station had a contract with Pro Star Industries for janitorial supplies for a not to exceed amount of $57,174.18. In 2009, this service was bid and awarded to Criswell Distributing. The agreement with Criswell Distributing is an annual agreement for one (1) year with two (2) additional year renewals upon mutual consent of the City and the vendor. This is the final renewal of the contract. This is the second requested increase to the contract. The original contract was awarded on March 26, 2009 for a not to exceed amount of $51,208.25. The first renewal was approved, with a 3% increase, on April 6, 2010 for a not to exceed amount of $52,744.14. This is the final year of the contract. Budget & Financial Summary: Funds are budgeted and available in the Public Works Facilities Maintenance Budget. Attachments: 1. Renewal Letter 80 81 82 83 84 March 24, 2011 Consent Agenda Item No. 2k Project Number WF0352553 Parallel Wellfield Collection Line To: Glenn Brown, City Manager From: Chuck Gilman, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding a change order to decrease Professional Services Contract 07-086 by $24,226.74. This contract between Malcolm Pirnie, Inc. and the City of College Station is for the design and construction administration services associated with the Parallel Wellfield Collection Line project. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services. Recommendation(s): Staff recommends approval of the change order. Summary: This professional services contract included $35,465 for reimbursable labor and expenses for services such as attending progress meetings, site visits, resolving construction issues resulting from unforeseen site conditions, etc. The construction of the Water Well No. 8 Well Collection Pipeline, also designed by Malcolm Pirnie was in construction simultaneously with the Parallel Wellfield Collection Line. Staff was able to more efficiently utilize the time of the design team by coordinating many of these project progress meetings on the two different projects and combining many of the meetings and site visits; thereby decreasing the number of meetings and decreasing the amount of time required of the design team. Budget & Financial Summary: Change Order No. 3 will decrease the contract amount by $24,226.74 for a revised contract total of $232,563.26. This project is now complete and the project came in under budget. The balance of the project will be relocated to other Water capital projects. Attachments: 1.) Change Order 2.) Project Location Map 85 86 87 March 24, 2011 Consent Agenda Item No. 2L Office of the Governor Criminal Justice Division (CJD) Grant To: David Neeley, City Manager From: Jeff Capps, Chief of Police Agenda Caption: Presentation, possible action, and discussion on the application and acceptance of an Office of the Governor, Criminal Justice Division (CJD) Grant. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s): Staff recommends Council approval. Summary: The CJD’s mission is to create and support programs that protect people from crime, reduce the number of crimes committed, and to promote accountability, efficiency, and effectiveness within the criminal justice system. CJD focuses on the enhancement of Texas' capacity to prevent crime, provide service and treatment options, enforce laws, train staff and volunteers, and the restoration of crime victims to full physical, emotional and mental health. This CJD grant will provide 100% funding for the purchase of equipment necessary to outfit four additional part time bicycle officers. The addition of these officers to the current four officer part time bicycle unit will allow for continual officer coverage of the Northgate Entertainment District during the peak hours of activity as well as allow for bicycle coverage in other areas of the city to focus on other problems such as burglary. This grant will also provide 100% funding for the purchase of digital cameras to be used by our patrol officers. There are many times during a patrol shift in which an officer needs a camera to take photos for evidentiary purposes. Though a few cameras are currently available to our officers, the numbers are limited requiring officers to share and deliver cameras from one location to another. This has a profound impact on our efficiency in addition to the risk of losing evidence if a time sensitive situation arises such as a rain storm arriving that could wash away evidence or redness from an assault fading. There is no local match requirement for CJD, but grant funding will only be provided for the initial equipment purchase. Due to this, any other associated costs such as maintenance, repair, or replacement will be the responsibility of the grantee agency. Budget & Financial Summary: The equipment necessary to outfit four (4) part time bicycle officers will total approximately $19,420. Annual maintenance, repair, or replacement is estimated to not exceed $3000 for the entire eight (8) officer unit. The equipment necessary to provide each officer with a digital camera will total approximately $11,020. Annual maintenance, repair, or replacement is estimated to not exceed $2000. Attachments: 1. Resolution 88 RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEES TO EXECUTE DOCUMENTS NECESSARY FOR THE SUBMISSION OF A GRANT APPLICATION FOR THE OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION (CJD) FUNDS ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES THAT MAY ARISE DURING PROCESSING OF SAID APPLICATION. WHEREAS, the City Council of College Station has expressed commitment to providing for the health and safety of its citizens; and WHEREAS, the City of College Station Police Department is dedicated to seeking efficient and effective means to reduce crime and recover evidence; and WHEREAS, the Office of the Governor has issued a Request for Applications for CJD funding to reduce crime and improve the criminal justice system; and WHEREAS, the eligible activities under CJD are consistent with the strategies identified in the Police Department’s Operational Plan; and WHEREAS, eligible activities under CJD can be expected to enhance the City’s existing policing services, and alleviate health and safety concerns. WHEREAS, the City Council acknowledges that the grant requires the City to pay any maintenance costs beyond the initial purchase of equipment; now, therefore, BE IT RESOLVED by the City Council of the City of College Station: PART 1: That the City Council hereby authorizes the City Manager or his designees to execute documents necessary for the submission of a grant application for CJD funds to the Officer of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , 2011. ATTEST: APPROVED: ___________________________________ ___________________________________ City Secretary Mayor 89 APPROVED: ___________________________________ City Attorney 90 March 24, 2011 Consent Agenda Item No. 2m Partial Settlement Agreement with College Station Inn To: David Neeley, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on a Partial Settlement Agreement between the City of College Station and Virtual Equity Group, Inc. and Mega Equity Holdings for delinquent hotel occupancy taxes for case number 10-10-00052-CV in the 10th District Court of Appeals, Waco Texas. Recommendation(s): Staff recommends approval of the Partial Settlement Agreement. Summary: The City of College Station has taken action to get unpaid Hotel Tax paid from the hotel located at 1503 Texas Avenue South which was known as the Clarion Inn, and is now the College Station Inn. The City took legal action to collect the $210,409.95 in local hotel tax owed to the City. An additional amount of $31,611.50 in penalty has also accrued. The City filed liens on the property to collect these hotel taxes. The firm that handles the City’s delinquent property tax collections, McCreary, Veselka, Bragg and Allen has been working on this matter for the City. This issue has been working its way through the legal system. Currently the case is before the 10th Court of Appeals in Waco. Instead of rendering a decision in the matter, the Appeals Court asked both sides to enter into mediation. The mediation was held on February 17. As a result of the mediation, a Partial Settlement Agreement has been reached with Virtual Equity Group and Mega Equity Holdings to pay $195,000. The Partial Settlement Agreement releases Virtual Equity Group and Mega Equity Holdings from any additional claims on this matter. The Partial Settlement Agreement does not release any other groups from liability. The City will continue to attempt to collect the remaining tax owed from AMR Ventures and others that are legally liable for the remaining delinquent hotel occupancy tax due. Budget & Financial Summary: The $195,000 in funds to be received from this settlement agreement will be placed in the Hotel Tax Fund. Attachments: 1. Partial Settlement Agreement 91 1 No. 10-10-00052-CV ___________________________________________________________ IN THE COURT OF APPEALS FOR THE TENTH DISTRICT OF TEXAS AT WACO, TEXAS ___________________________________________________________ City of College Station, Texas, Appellant, v. Virtual Equity Group, Inc. and Mega Equity Holdings, Appellees. __________________________________________________________ PARTIAL SETTLEMENT AGREEMENT __________________________________________________________ TO THE HONORABLE COURT OF APPEALS: The parties hereto are the City of College Station (College Station) and Virtual Equity Group, Inc. and Mega Equity Holdings, the latter two parties being referred to as VEG and Mega. In order to resolve doubtful and disputed controversies, buy peace, and avoid further litigation, College Station on the one part and VEG and Mega on the other part, agree to partially compromise the matters in dispute herein. The parties, therefore, agree as follows: 1. VEG agrees to pay College Station $195,000.00. Those funds will be wire transferred from VEG to College Station upon the final execution of this settlement document to routing number 113193532, directing 92 2 credit to the City of College station for hotel occupancy taxes on the Clarion Hotel at 1503 Texas Avenue South. 2. Upon payment of the funds referenced above, College Station agrees to release claims for personal liability against VEG and Mega, and their successors and assigns regarding their interest in the below described property forever, for hotel occupancy taxes due to College Station and included in the judgment taken in the trial court in this case below. College Station does not hereby release any sums or any claims for personal liability against AMR Ventures, L.L.C., BRJS Hospitality, L.L.C., or against any other party other than VEG and Mega and their successors and assigns regarding their interest in the below described property, and asserts its powers to collect any remaining taxes due from the judgment below against AMR Ventures, L.L.C., BRJS Hospitality, L.L.C., or any other party other than those released herein. 3. College Station further releases any liens securing the taxes mentioned in the judgment in the trial court below against that property described as: All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot 2, Block “B,” Culpepper Plaza an addition to the City of College Station, Texas, according to the plat recorded in Volume 338, Page 467, Deed Records of Brazos County, Texas, and being locally known as 1503 Texas Avenue, S., College Station, Brazos County, Texas. Dated __________________, 2011. 93 3 CITY OF COLLEGE STATION VIRTUAL EQUITY GROUP, INC. ____________________________ _______________________________ By:_________________________ By:____________________________ Its: _________________________ Its: ____________________________ MEGA EQUITY HOLDINGS ____________________________ By: ________________________ Its: _________________________ 94 March 24, 2011 Consent Agenda Item No. 2n Brazos Valley Convention and Visitors Bureau Funding Agreement Amendment No. 1 and Contingency Transfer for Roof Repairs To: David Neeley, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on a funding agreement amendment between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY11 in the amount of $22,000 for roof repairs at the agency’s facility; and presentation, possible action and discussion on a Hotel Tax Fund contingency transfer in the amount of $22,000. Recommendation(s): Staff recommends approval of the funding agreement amendment and contingency transfer. Summary: The CVB offices are in a City-owned stand alone building located in the Chimney Hill Shopping Center. Recently, a significant roof leak has developed that requires a major permanent repair as patching the leak has been unsuccessful. In previous years, funding for capital improvements or repairs to the CVB’s facility have been included as part of the City’s annual funding agreement with the CVB in the Hotel Tax Fund. This item is coming forward at this time since the condition requiring the repair has occurred during the fiscal year and needs immediate attention. The City’s Facilities Maintenance division in Public Works has been working with the CVB and local roofing contractors to develop a scope of work and specifications for the needed repairs. The latest proposal that has been provided to the CVB is for $18,958. This funding agreement amendment would provide funding up to $22,000 to reimburse the CVB for the cost of repairs. Since this item was not included as part of the FY11 Funding Agreement, a contingency transfer of $22,000 is necessary in the Hotel Tax Fund to cover these expenses. This item is for the approval of both the funding agreement amendment and the contingency transfer. Budget & Financial Summary: The funds for the contingency transfer needed to fund this amendment are budgeted and available in the 2010-2011 Hotel Tax Fund budget. A total of $50,000 is budgeted and available in the Hotel Tax Fund for contingency transfers. Attachments: 1. CVB Funding Agreement Amendment No. 1 95 96 97 98 March 24, 2011 Consent Agenda Item No. 2o College Station Business Council To: David Neeley, City Manager From: David Gwin, Director of Economic and Community Development Relationship to Strategic Goals: Goal III.6 CS Economic Development Corporation Agenda Caption: Presentation, possible action, and discussion regarding a resolution modifying the College Station Business Committee. Recommendation(s): Staff recommends that the City Council approve a resolution creating the College Station Business Council. Summary: At the September 23, 2010, workshop meeting, staff provided the City Council with a presentation outlining a conceptual work plan for the College Station Business Advisory Committee. This presentation identified an operating structure, key functions, and a list of prospective members. At that meeting the Council adopted a resolution creating the College Station Business Advisory Committee to be comprised of advisors/ambassadors to greet, sell and tell the story of College Station and assist the Economic & Community Development Director, City Manager and City Council. The committee was to coordinate with and through the Economic & Community Development Director, and to provide advice and assistance for economic development. The proposed resolution will replace the Business Advisory Committee with a Business Advisory Council who will greet, sell and tell the story of College Station. The Business Advisory Council’s activities will be coordinated with and through the City Manager. . Budget & Financial Summary: Initial startup cost for the College Station Business Council will be absorbed in the FY 2011 budget. Attachments: 1. Enabling Resolution 99 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF COLLEGE STATION, TEXAS, AMENDING THE RESOLUTION AUTHORIZING AND CREATING THE COLLEGE STATION BUSINESS ADVISORY COUNCIL TO FURTHER ECONOMIC DEVELOPMENT FOR THE CITY OF COLLEGE STATION. WHEREAS, the City Council of the City of College Station wishes to promote and encourage economic development in College Station; and, WHEREAS, citizens have volunteered to help sell, tell the story of, and promote the City of College Station; and, WHEREAS, the City Council unanimously adopted Resolution 09-23-10-2L on September 23, 2010 creating the College Station Business Advisory Committee; and, WHEREAS, the City Council wishes to modify the role of the College Station Business Advisory Committee; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS: PART 1: That the City Council of College Station, Texas hereby approves the creation of a The College Station Business Advisory Council made up of up to 7 members to help promote economic and retail development for College Station, Texas. PART 2: That the Business Advisory Council and/or the Economic & Community Development Director shall greet, sell, and tell the story of College Station. PART 3: That the activity of the Business Advisory Council shall be coordinated with and through the City Manager. PART 4: That this and each part of the resolution shall be independent of each other and shall be effective immediately from and after its passage. ADOPTED this day of , 2011. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney 100 March 24, 2011 Consent Agenda Item No. 2p Settlement of Weingarten Realty Investors & Weingarten/Investments, Inc. v. City of College Station, Texas To: David Neeley, City Manager From: David Neeley, City Manager Agenda Caption: Presentation, possible action and discussion on a settlement agreement between the City of College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, Ben White, Hugh Stearns and Dennis Maloney and Weingarten Realty Investors and Weingarten/Investments, Inc. to resolve the lawsuit Weingarten Realty Investors, et. al. v. The City of College Station, Texas, et. al. Recommendation(s): Staff recommends approval of the settlement agreement. Summary: In November 2008, Weingarten Realty Investors and Weingarten/Investments, Inc. (“WRI”) filed a lawsuit against the City of College Station, Ron Silvia, David Ruesink, Lynn McIlhaney and Ben White in the U.S. District Court Southern Division of Texas related to the request to rezone undeveloped property located at the east corner of Rock Prairie Road and State Highway 6 in College Station, Texas. WRI amended its complaint in August 2009 to add Dennis Maloney and Hugh Stearns to the lawsuit. The parties to the lawsuit have asserted their respective claims and the litigation is currently pending. In 2010 WRI sold a substantial portion of the undeveloped property to Scott & White Healthcare for the development of a $90,000,000.00 hospital facility, a $17,000,000.00 clinic facility, and related uses. WRI currently owns/leases an approximate 9 acre remaining tract of land located at the corner of Rock Prairie Road and State Highway 6 (“Remainder Tract”). The parties have continued to negotiate to resolve this lawsuit and the settlement agreement proposed for the Council’s approval is a culmination of those discussions. The terms of the agreement include: 1. The parties will agree to a mutual release and a dismissal of all claims in the lawsuit and releases of all other claims or potential claims that may exist. 2. WRI will submit an application to rezone the Remainder Tract to a PDD with certain meritorious modifications that have been negotiated with the City’s Planning & Development Services staff as provided under the City’s Unified Development Ordinance. 3. The City will agree to waive development fees associated with the Remainder Tract up to $30,000.00. 4. The City will pay to WRI a total amount of $1,600,000.00. Budget & Financial Summary: The funds for this agreement are proposed to come from the fund balance in the City’s General Fund. A budget amendment to appropriate these funds in the FY 11 budget will come back to the City Council prior to the consideration of the rezoning as outlined in the Settlement Agreement. Attachments: 1. A copy of the Settlement Agreement will be available at the March 24 Council meeting. 101 24 March 2011 Regular Agenda Item No. 1 2nd Annexation Public Hearing – Wellborn Area To: David Neeley, City Manager From: Bob Cowell, AICP, CNU-A, Director of Planning and Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding annexation and the annexation service plan for approximately 649 acres located on the southwest side of the City, identified for annexation under the exempt status. Relationship to Strategic Goals: I. Financially Sustainable City Providing Response to Core Services and Infrastructure, II. Neighborhood Integrity, and III. Diverse Growing Economy Recommendation: The Planning & Zoning Commission heard this item on 16 December 2010 and voted 5-2 to recommend moving forward with the annexation process. Summary: This is the last of two public hearings held by the City Council prior to initiating annexation proceedings for approximately 649 acres on the southwest side of the City, generally known as the Wellborn area. As part of the public hearing, staff will present an overview of the attached annexation service plan. The purpose of the public hearings is to give individuals the opportunity to express their views regarding the proposed annexation and the service plan. Council is not expected to take any action at the public hearings. Following is a summary of work accomplished to date: · 10 November 2010 - Council directed staff to move forward with the annexation process · 23 November 2010 - The annexation team met to discuss the potential impacts of annexation · 16 December 2010 - The Planning & Zoning Commission considered the item (see recommendation above) · 27 January 2011 - Council approved an ordinance establishing the public hearing dates and authorizing staff to prepare the annexation service plan · 22 March 2011 – Council conducted the first of two annexation public hearings Staff has also offered non-annexation development agreements to owners of agricultural property and worked with a surveyor to obtain a survey of the proposed annexation area. The final annexation ordinance is scheduled to be heard at the 14 April 2011 Council meeting. Budget & Financial Summary: See attached Fiscal Impact Report Attachments: 1. Map of Annexation Area 2. Annexation Service Plan 3. Fiscal Impact Report 102 103 1 CITY OF COLLEGE STATION SERVICE PLAN FOR THE AREA TO BE ANNEXED EFFECTIVE 14 APRIL 2011 I. ANNEXATION AREA The annexation area is located on the southwest side of the City of College Station, in the City’s Extraterritorial Jurisdiction. The area is illustrated in Figure 1 and generally described below. Area Description - approximately 649 acres generally bordered by Capstone Drive, I&GN Road, Koppe Bridge Road, and the existing City limits and bisected by FM 2154 (AKA Wellborn Road). II. INTRODUCTION This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE, Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 2008, AND VERNON SUPP. 2009, as amended from time to time). Municipal facilities and services to the annexed area described above and illustrated in Figure 1 will be provided or made available on behalf of the City in accordance with the following plan. This plan provides a program under which the City of College Station will provide full municipal services to the annexed areas. All services will be provided within the time provided in the TEXAS LOCAL GOVERNMENT CODE, Section 43.056(B). This Service Plan does not: · require the creation of another political subdivision; · require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395, TEXAS LOCAL GOVERNMENT CODE; or · provide services in the area in a manner that would have the effect of reducing, by more than a negligible amount, the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. The level of services, infrastructure, and infrastructure maintenance provided to the annexed area is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. 104 2 FIGURE 1 105 3 III. SERVICE COMPONENTS This plan contains three service components: (1) Immediate Services, (2) Additional Services, and (3) Capital Improvement Program. Immediate Services As required by the TEXAS LOCAL GOVERNMENT CODE, SECTION 43.056(B), Certain municipal services will be provided by the City of College Station immediately upon the effective date of annexation. These services include: · police protection; · fire protection; · emergency medical services; · solid waste collection, except as provided by Subsection 43.056(o); · operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; · operation and maintenance of roads, and streets, including road and street lighting;* · operation and maintenance of publicly-owned parks, playgrounds, and swimming pools; and, · operation and maintenance of any other publicly-owned facility, building, or service. *Note: Street lighting will only be maintained for fixtures located within the service territory of College Station Utilities. A. Police Protection The College Station Police Department will provide police service, including routine patrol, traffic enforcement, and dispatch response to emergency and non-emergency service calls. B. Fire Protection The College Station Fire Department will provide fire protection, including response to emergency calls for assistance, fire prevention education, pre-fire planning, and target hazard inspections. Construction and development activities undertaken after the effective date of annexation shall comply with all fire and life-safety codes of the City of College Station. All structures shall comply with the address standards of the College Station Code of Ordinances within ninety (90) days of the effective annexation date. C. Emergency Medical Services The College Station Fire Department will provide emergency medical services (EMS). Each Fire Department ambulance, engine, and ladder truck is capable of providing EMS, including defibrillation, medical administration, IV therapy, advanced airway management, and initial treatment of injuries. D. Solid Waste Collection The College Station Public Works Department will provide fee-based solid waste collection service for residential and commercial customers. Customers in the annexed area may elect to continue using a private solid waste management service provider for a period of two years after the effective date of annexation in accordance with provisions of the TEXAS LOCAL GOVERNMENT CODE. The City will not charge a fee to a person who continues to use the services of a privately-owned solid waste management service provider during the aforementioned two-year period. 106 4 Residential Service – Residential solid waste collection (including brush and bulk items) is provided once per week. All residential service will be provided at a point of collection adjacent to, and accessible from, a public right-of-way or an improved surface acceptable to the City. Residential solid waste collection vehicles will not conduct operations on private property. However, residential service may be provided on private streets that comply with the Sanitation Division’s requirements for surface material, vehicle clearance, and turning radii. In the case of multiple residences located on a privately owned road or drive, the City may require the establishment of a mass collection point at an area adjacent to the nearest public right-of-way. The City will provide one solid waste container per residential account. Additional containers are available for an additional fee. Commercial Service - Containers and collection points may be located on private property provided they can be easily accessed from a public right-of-way and the route of access and the collection point meets the Sanitation Division’s surface requirements, vehicle clearance, and turning radii. The City will provide standard commercial containers. In order to secure solid waste collection services in the annexed areas, each property owner must establish a utility account with the City of College Station. The City will not be responsible for damage to private drives, streets, or parking areas caused by trucks servicing solid waste containers. E. Water and Wastewater Facilities The City of College Station will provide water and wastewater service to areas that are not located within the certificated service territory of another utility. The level of water and wastewater service, infrastructure and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Municipal services to be provided within the annexed area may be provided by any of the methods in which the City provides services to other comparable areas. F. Roads and Streets The Public Works Department will maintain public roads and streets at a level comparable to the maintenance prior to annexation. These services include emergency pavement repair and preventative street maintenance. Right-of-way mowing activities along State highways are addressed in the City's maintenance agreement with the Texas Department of Transportation and will be added to the City's maintenance activities immediately following annexation. Maintenance priorities are determined on a City-wide basis taking into consideration factors such as age, traffic volume, surface conditions, the nature of the maintenance, public safety hazards, and available funding. Existing street and traffic control signs shall conform to the City of College Station’s standards within ninety (90) days of the effective date of annexation. The City will install traffic control signs in accordance with College Station’s standards for same within ninety (90) days of the effective date of annexation. G. Parks and Recreation Facilities The City of College Station is not aware of the existence of any publicly-owned parks, public playgrounds, or public swimming pools in the proposed annexation area. In the event any such facilities exist, they will be maintained to the same degree and extent that the City maintains such parks, playgrounds and swimming pools within the current City limits. 107 5 H. Other Publicly-Owned Buildings and Facilities The City of College Station is not aware of the existence of any publicly-owned buildings in the proposed annexation area. In the event any such facilities exist, they will be maintained to the same degree and extent that the City maintains such facilities within the current City limits. Additional Services A. Building Permitting and Inspections Upon the effective date of annexation, the City will provide building permits and inspection services. This service will be made available to the annexed areas on the same basis and at the same level of service as similar facilities throughout the City. Service is provided on a “cost recovery” basis, and permit fees partially offset the costs of services delivered. Construction activities underway prior to annexation may continue provided that all construction after annexation complies with City codes and ordinances. All permits required by City codes and ordinances must be obtained for construction underway at the time of annexation. Permit fees will be waived for building construction underway prior to annexation. B. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. Upon annexation, planning and development services will be provided by way of the Unified Development Ordinance and other applicable codes and standards. The College Station City Council adopted the current Comprehensive Plan in May of 2009. The Comprehensive Plan contains a Land Use Plan that designates future land uses and a growth management and capacity section designed to manage the quality and quantity of growth by matching land use intensity with planned infrastructure. Upon annexation, all properties will be zoned A-O (Agricultural Open). The City's Comprehensive Plan will be used as the basis for evaluating rezoning requests after annexation. C. Animal Control The Police Department will provide animal control service upon the effective date of annexation. Animal control services include response to and investigation of reported animal bites, response to reports of stray or “at large” animals, and response to and investigation of animal cruelty and neglect reports. D. Code Enforcement Code enforcement services will be made available on the effective date of annexation. Code enforcement services include response to and investigation of nuisance issues, sanitation issues, illegal signs, abandoned or inoperable motor vehicles, property maintenance issues, and zoning violations. E. Economic and Community Development Economic and community development services will be made available on the effective date of annexation. Economic and Community Development services include the City’s HOME Investment Partnership Grant programs (rehabilitation assistance and minor repair programs as well as the down payment assistance program) and Community Development Block Grant (CDBG) Funds. CDBG Funds can be used for economic development and the construction and rehabilitation of various parks, public facilities, and infrastructure in income eligible areas. These funds may also be used for disaster relief and recovery efforts. 108 6 F. Recycling Collection For residential customers electing solid waste collection from the City of College Station, curbside recycling collection is also provided once per week. Items accepted in the curbside recycling program include: · Newspapers, magazines, and phone books · Aluminum and steel food cans · Clear and brown glass · Plastic bottles · Lead acid car batteries IV. WATER AND WASTEWATER SERVICE PROVISION This Water and Wastewater Service Plan (“Plan”) provides a program under which the City of College Station will provide full municipal services to the annexed area. For the purpose of this plan, “full municipal services” includes water and sewer services provided by the City within its full-purpose boundaries. The level of water and sewer service, infrastructure and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will not provide water or wastewater service in areas where another entity holds the CCN unless or until the City of College Station acquires the CCN. Municipal services may be provided by any of the methods by which the City provides services to other comparable areas within the City. All services will be provided within the time provided in the TEXAS LOCAL GOVERNMENT CODE SEC. 43.056(B). The City may extend facilities under this plan or otherwise serve these areas through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. Wastewater facilities for future development that increases densities beyond the capital improvements specified in this plan will be extended in accordance with the City’s Water and Wastewater policy in existence at the time of development. The water and wastewater extension policy is discussed in Section V, Water and Wastewater Capital Improvements. In general, the policy for extension of utility service is “development driven”, meaning that utility line extensions are typically installed by developers, in conjunction with major development projects. The City may accept ownership and maintenance of major facilities, such as gravity sewer lines, manholes, lift stations and/or wastewater package plants, as required by the particular development. The City may elect to pay for upgrades or oversize of infrastructure projects being installed by developers. As an area develops, developers or homeowners extend water distribution and wastewater collection lines to individual lots. Generally, until an area becomes densely populated, the cost of utility extension is not feasible to be borne by a few lot owners. Also, in the case of wastewater treatment, developments with large lots will normally be constructed with on-site sewage facilities that are privately owned and operated. Water The proposed annexation area is in the water CCN service territory of Wellborn Special Utility District (SUD). The City of College Station does not have the right to provide water service in the annexation area, therefore, no water infrastructure will be provided by the City after annexation. Wastewater The City of College Station currently provides wastewater service to several properties within the proposed annexation area. The remaining properties within the annexation area are currently served by private on-site sewer facilities (OSSF). As discussed in Section V, Capital Improvements, owing to the type and amount of development fronting the east side of FM 2154, the City of College Station plans to provide wastewater service in that area. Properties within the annexation area that are not currently served by the City or unable to access the proposed wastewater facilities will remain on private 109 7 systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. V. CAPITAL IMPROVEMENTS Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy an impact fee to the properties annexed according to Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE and the City's Code of Ordinances. The City may, from time to time, include construction of new, expanded or replacement facilities in its Capital Improvements Program (CIP). Facilities to be included in the CIP shall be determined on a City-wide basis. Priorities shall be established by the CIP plans of the City, projected growth trends, and the City Council through its development plans and policies. A. Police Protection (including animal control) No capital improvements are necessary at this time to provide Police Services to the proposed annexation area. Police protection will be provided to the annexed areas through existing City facilities at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonable contemplated or projected in the area. B. Fire Protection (including EMS) No capital improvements are necessary at this time to provide Fire Protection to the proposed annexation area. Fire protection will be provided to the annexed areas through existing City facilities and mutual aid agreements at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use and population density similar to those reasonable contemplated or projected in the area. C. Solid Waste Collection No capital improvements are necessary at this time to provide solid waste collection to the proposed annexation area. Solid waste collection services will be provided to the annexed areas through the City's existing facilities or through franchise agreements with private services at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use and population density similar to those reasonable contemplated or projected in the area. D. Maintenance of Public Roads and Streets While not required by the TEXAS LOCAL GOVERNMENT CODE, as part of the Capital Improvement Plan for the proposed annexation area, the City of College Station will, within two and one-half (2½) years of the effective date of annexation, provide a seal coat (two course) for the following gravel roads and streets: · McCullough Road · Church Street · Madison Street · Live Oak Street · Royder Road Additionally, right-of-way maintenance will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. Any improvement and/or enlargement of roads within existing rights-of-way will be included in future capital improvement programs in compliance with the City’s thoroughfare plan and/or as needed to facilitate the maneuvering of emergency and sanitation service vehicles. 110 8 E. Parks, Playgrounds and Swimming Pools No capital improvements are necessary at this time to provide parks and recreation services to the proposed annexation area. Parks and recreation services will be provided through existing facilities at a level of service not less than exists in the area immediately preceding annexation. Additional park development in the annexed areas will be addressed through the development standards and procedures of the City as residential development occurs. Such park development includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance with the City of College Station Unified Development Ordinance and an existing interlocal agreement with the College Station ISD. The proposed annexation area is located in neighborhood park zones 13 and 20 and in community park zones A and B. F. Other Public Building and Facilities No capital improvements are necessary at this time to provide other public buildings and facilities to the proposed annexation area. Other public facilities, buildings or services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. WATER AND WASTEWATER CAPITAL IMPROVEMENTS The water and wastewater utility extension policy of the City of College Station is as follows: The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat, or land development shall be borne by the owner or developer of the lot, tract, plat, or land by direct installation or through the use of Impact Fees. Where such extension is consistent with plans for the development of the City and its utility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area. The cost of water and wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land by direct installation or through the use of Impact Fees. Standard tap fees or other installation fees in effect on a citywide basis are in addition to impact fees levied. Water No water infrastructure will be provided to this area after annexation. The annexation area is located within the water CCN service territory of Wellborn SUD. Therefore, the properties will continue to be served by Wellborn SUD after annexation. Wastewater Due to the amount and nature of the development fronting the east side of FM 2154, capital improvements are necessary to provide wastewater service to this area. As part of the Capital Improvement Plan for the proposed annexation area, the City of College Station will acquire any needed easements, provide the necessary design, and construct the following: · A 12-inch gravity main along the east side of FM 2154 with stub-outs at each parcel; · A lift station at the intersection of FM 2154 and Greens Prairie Trail; and, · A force main along Greens Prairie Trail Exhibit A illustrates the proposed wastewater capital improvements. Properties within the annexation area that are not currently served by the City or unable to access the proposed wastewater facilities will continue to be served by private on-site sewer treatment systems until such time as development warrants the extension of an organized sanitary collection system. 111 9 Capital Improvement Schedule Owing to the time required to secure utility easements, design the wastewater infrastructure, and perform the necessary construction, the wastewater facilities cannot be reasonably provided within two and one-half (2-1/2) years of the effective date of annexation. Therefore, the City of College Station will have the proposed work substantially completed within four and one-half (4-1/2) years as proposed by the following schedule: · Survey work will begin within six (6) months of the effective date of annexation · Design work will begin within one (1) year of the effective date of annexation · Construction will begin within four (4) years of the effective date of annexation · Construction will be substantially complete within four and one half (4-1/2) years of the effective date of annexation The construction of the wastewater facilities described above will be accomplished in a continuous process and completed as soon as reasonably possible, consistent with generally accepted local engineering practices. However, the City does not violate the terms of this service plan if the easement acquisition, design, or construction process is interrupted for any reason by circumstances beyond the direct control of the City of College Station. VI. LEVEL OF SERVICES TO BE PROVIDED It is the intent of the City of College Station to provide the level of services required by State law. The City Council finds and determines that the services, infrastructure and infrastructure maintenance proposed by this plan are comparable to that provided to other parts of the City with topography, land use, and population density reasonably similar to the annexed area and will not reduce the level of services available to the territory prior to annexation. Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of the City Council. VIII. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to the TEXAS LOCAL GOVERNMENT CODE, Section 43.056 (VERNON 2008 and VERNON SUPP. 2009). 112 10 APPENDIX Exhibit A 113 1 Proposed Wellborn Annexation Fiscal Impact Analysis – Revised 7 March 2011 Annexation Area Approximately 649 acres on the southwest side of the City generally bordered by Capstone Drive, I&GN Road, Koppe Bridge Road, and the existing City limits and bisected by FM 2154 (AKA Wellborn Road). Short-Term Fiscal Impact Projected Revenues Ad Valorem Tax Revenue - The current appraised value of all property in the annexation area is $25,368,620 Based on the current City of College Station tax rate of 44.75 cents per $100 of appraised valuation, the City could expect to receive annual property tax revenues of approximately $113,524 from the area. Based on the current annexation schedule, the City will not begin receiving property tax revenues from the annexation area until late 2012. Sales Tax Revenue - Several retail establishments and two restaurants currently exist in the annexation area. Following annexation, these establishments will be subject to city sales tax. Staff conservatively estimates the potential sales tax revenue to be $60,000 annually. Anticipated Costs Surveying Cost - A survey of the area is required as part of the annexation process. The amount of the surveying contract is $16,800. Compensation to Emergency Services District (ESD) No. 1 - State law requires cities to provide compensation to Emergency Services District for territory loss due to annexation. The amount of compensation varies based on several factors such as the appraised value of the annexation area and the amount of the district’s debt. The proposed annexation area is currently served by ESD No. 1; therefore, the city will need to provide compensation according to state law. While there are several variables that determine the final payment amount, Staff estimates that the City would owe ESD No. 1 approximately $15,000 upon annexation. Road/Street Maintenance - The City proposes to provide a two-course seal coat for the existing gravel roads and streets within the annexation area. Specifically, McCullough Road, Church Street, Madison Street, Live Oak Street, and Royder Road will receive the two-course seal coat. The estimated cost for said work is $102,710. The funding source for the road/street improvements will likely be the general fund. Wastewater CIP – The City proposes to provide wastewater infrastructure within the annexation area. Specifically, a gravity main will be installed on the east side of FM 2154, a lift station will be constructed at the intersection of FM 2154 and Greens Prairie 114 2 Trail, and a force main will be provided along Greens Prairie Trail. The estimated cost for said work is $3,332,836. Funding for the wastewater CIP will likely be accomplished by issuing bonds, necessitating a slight increase in wastewater utility bills. The estimated debt service for this project is approximately $262,000 per year. Staff estimates that an increase of approximately two percent (2%) would be needed to fund the proposed improvements. Summary of Short-Term Fiscal Impact Revenue (annual) Property Tax $113,524 Sales Tax $60,000 Total Annual Revenue $173,524 Costs (one-time) Survey Work $16,800 Compensation for ESD No.1 $15,000 Seal Coat Roads/Streets $102,710 Wastewater CIP* $3,332,836 Total One-Time Costs $3,467,346 *Note: The annual debt service for this project is approximately $262,000 per year for a twenty year period. 115 3 Full Build-Out Scenario The fiscal-impact analysis used here is a tool that estimates the annual costs and revenues that the City will incur once the identified property is fully developed. This information is provided to help project the need for municipal services, to monitor the costs of land use decisions, and to give officials information for making growth and planning decisions. For this analysis the Service Standard Method was used1. A spreadsheet showing the details is included as Appendix A. This analysis should be treated as an estimate based upon the best data available. In addition, it is important for decision makers using this information to understand the assumptions upon which it is based. 1. In this model it is assumed that the current level of municipal services in College Station will be maintained in the newly-annexed area. 2. This analysis provides estimates for the area once it fully develops. The costs / benefits in the interim will vary but typically costs to the City are higher until the area fully develops. 3. All costs and revenues are in current dollars based on current budget data. 4. The model is based on existing tax and utility rates that may change over time. Future changes to the land use plan may also alter future fiscal impacts. Demands and Costs This analysis began by using a combination of the existing land uses and the future land use designations in the proposed annexation area (Rural and Restricted Suburban) to estimate the population for the annexation area. Using existing development as a model, the average number of dwelling units for the residential areas was calculated. Finally, census data for persons per household was used to calculate the projected population. Existing service levels for the City were then used to estimate the demand for City services in the proposed annexation area. An equal level of service was applied to the annexation area to yield the demand for services. Costs per year for the demanded services were calculated using cost ratios to compensate for the varied nature of service provided by different departments. This resulted in a cost per year to provide the existing level of service to the proposed annexation area at full build out. Revenues Revenues were calculated for property taxes, sales taxes, and utility fees. These estimates were determined by applying current revenues from similar areas in the City to the projected development pattern in the annexation areas. 1 - More information on this method is available in The Fiscal Impact Handbook by Robert Burchell & Davide Listokin 116 4 Conclusions The following table summarizes the results of the fiscal-impact analysis. Based on the results of the fiscal-impact analysis, annexation will result in annual revenues to the City of $35,510 upon full build-out. It is important to note that this model does not capture any revenue from “one time” charges such as building permit or development fees. As mentioned before, future changes in the Land Use Plan or development patterns may affect these projections. Summary of Fiscal Impact Analysis at Full Build-Out Property Tax Revenues $113,524 Sales Tax Revenues $60,000 Utility Revenues $44,528 Total Revenues* $218,052 Costs (from Appendix A) $191,502 Total Annual Fiscal Impact** $26,550 *Note: Potential revenues from building permit fees (not included in the above) constitute a one-time positive impact of $61,620 over the projected life of the development. **Note: For the first twenty years, the annual debt service for the wastewater CIP project will be approximately $262,000 per year, resulting is a total annual fiscal impact of ($235,450). 117 5 Methodology for Revenue Calculations Property Taxes § $173,135 = Average homestead valuation for “Single Family Medium.” Value is based on average provided by Brazos County Appraisal District and current city property tax rate (44.75 cents per $100 of appraised value). Residential Utility Amounts § $14.40 = Average monthly residential sanitation bill (provided by Utility Customer Service) § $27.27 = Average Monthly Residential Wastewater Bill (provided by Utility Customer Service) Retail Sales Tax § Retail sales tax was estimated by identifying the existing retail and restaurant uses within the annexation area and applying known sales tax revenues from comparable uses currently within the City. Utility Charges Electricity The proposed annexation area is served by Bryan Texas Utilities. No electric utility revenue is anticipated from the area. Water The proposed annexation area is served by Wellborn Special Utility District. No water revenue is anticipated from the area. Wastewater The city currently provides wastewater service to a portion of the annexation area. It is estimated that, upon build-out, the city will have 50 sewer connections with a monthly rate of $37.49 each. Sanitation The proposed annexation area will have City sanitation services. Revenues were calculated by multiplying the monthly residential rate ($14.40) by the estimated number of residential units in each area. Projected Miscellaneous Revenues § Single family units were calculated based upon a standardized Building Permit Fee Schedule. An additional $100 is added per unit to represent miscellaneous permit fees such as electrical, mechanical, and plumbing. § All inputs are based upon average calculated values. 118 6 Anticipated Government Number of Manpower Budget $ Per Future Add’l Annual Capital to Add’l Annual Total Cost Population Function Employees Ratio 2010-2011 Employee Employees Operating Cost Operating Capital Cost To Public 205 Fiscal Services 39.50 0.42 3,113,654$ 78,827$ 0.09 6,743$ 0.006 40$ 6,784$ General Government 113.75 1.20 12,628,149 111,017 0.25 27,348 0.011 301 27,649 Police 184.50 1.95 14,626,374 79,276 0.40 31,676 0.047 1,489 33,164 Total January Fire 130.00 1.37 11,899,890 91,538 0.28 25,771 0.029 747 26,518 2011 PopulationStreets & Drainage 31.00 0.33 5,087,992 164,129 0.07 11,019 1.361 14,997 26,015 Wastewater 49.00 0.52 6,151,920 125,549 0.11 13,323 1.021 13,603 26,926 94,660 Sanitation 35.50 0.38 6,300,060 177,466 0.08 13,644 - - 13,644 Utility Billing 28.50 0.30 2,258,503 79,246 0.06 4,891 0.011 54 4,945 Parks 129.00 1.36 9,284,486 71,973 0.28 20,107 0.286 5,751 25,857 Total College Station 740.75 71,351,028$ 1.60 154,521$ 36,981$ 191,502$ General Government includes: General Government, Information Technology, Planning and Development Services, Public Works (Admin, Facilities Maint, Engineering), Fleet Maintenance, and Communications. BVSWMA, Water, and Electric is not included. Notes: 1. Capital to operating cost ratios from Finance Dept. 2. Future population calculated according to acreage in land use scenarios, then existing population was subtracted. 3. The City will not be providing water service in this area. 3. The City will not be providing electrical service in this area. - - Appendix A 119 March 24, 2011 Regular Agenda Item No. 2 Rezoning for 2302 Longmire Drive To: David Neeley, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas by rezoning 3.41 acres located at 2302 Longmire Drive from C-1 General Commercial and R-6 High Density Multi- Family to R-6 High Density Multi-Family. Recommendation(s): The Planning and Zoning Commission considered this item at their March 3, 2011 meeting and voted 7-0 to recommend approval. Staff also recommended approval of the request. Summary: The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The subject property is designated Urban on the Comprehensive Plan Future Land Use and Character Map. The Urban land use designation is “generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments.” This area was included in the Central College Station Neighborhood Plan that was adopted in June 2010. One of the strategies contained within the Neighborhood Plan is to initiate rezoning of select areas where the current zoning is not consistent with the Comprehensive Plan. The subject property is one of the rezoning areas, as identified in strategy CC3.2, which would rezone the C-1 General Commercial area to R-6 High Density Multi-Family so that if redevelopment would occur it would be in compliance with the Comprehensive Plan. The proposed request is consistent with Comprehensive Plan and this strategy identified in the Central College Station Neighborhood Plan. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The proposed zoning is compatible with the adjacent multi-family and duplex uses located on the same block. In addition, this request will help preserve the character of the neighborhood by transitioning the large scale commercial uses along Texas Avenue and Harvey Mitchell Parkway to the single-family uses on the interior of the Southwood Valley neighborhood. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The subject property was developed as multi-family apartments with the current zoning in 1977. At that time, multi-family could develop in C-1 General Commercial with approval of a Conditional Use Permit, which was obtained. With the adoption of the Unified Development Ordinance in 2003, multi-family was not permitted in C-1 General Commercial and the use became non-conforming. The proposed rezoning would allow the use to become conforming again. 120 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The subject property is located at the intersection of Longmire Drive (Major Collector) and Brothers Boulevard (Minor Collector) and is adjacent to a large commercial area. With this location there is potential to develop non-residential uses, however, the current zoning bisects the property and negatively affects potential for them. The subject property is developed as a multi-family use and the majority of it is already zoned R-6 High Density Multi-Family. 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: With part of the development being a non-conforming use and two zoning districts located on the property, the applicant states that it is not eligible for certain types of loan funding which can negatively impact the marketability of the property. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Adequate facilities are available for the existing multi-family use. A 12-inch water main is adjacent to the property along Airline Drive with 18-inch water mains along Longmire Drive and Brothers Boulevard. The property has access to an 8-inch sanitary sewer main at the southeast corner of the property. The subject property is adjacent to Longmire Drive (Major Collector) and Brothers Boulevard (Minor Collector). Airline Drive is also adjacent to the property and is not identified on the Thoroughfare Plan as a thoroughfare but is constructed as a minor collector. Budget & Financial Summary: N/A Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Draft Planning & Zoning Commission Minutes – March 3, 2011 4. Ordinance 121 BACKGROUND INFORMATION: NOTIFICATIONS Advertised Commission Hearing Date: March 3, 2011 Advertised Council Hearing Dates: March 24, 2011 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: Southwood Valley Neighborhood Association Property owner notices mailed: 21 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: 1 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Commercial across Airline Drive and Longmire Drive (Major Collector) C-1 General Commercial Bank, across Airline Drive Shopping Center and vacant commercial lot across Longmire Dr South Urban R-6 High Density Multi-Family Duplexes East Urban, across Brothers Boulevard (Minor Collector) R-6 High Density Multi-Family Condos West Urban C-1 General Commercial and R-6 High Density Multi- Family Multi-Family Units DEVELOPMENT HISTORY Annexation: 1974 Zoning: C-1 General Commercial and R-6 High Density Multi-Family (unknown); a Conditional Use Permit for multi-family units (1977) Final Plat: 1976 Site development: Multi-family units developed in 1977. 122 123 124 March 3, 2011 P&Z Regular Meeting Minutes Page 1 of 2 DRAFT MINUTES PLANNING & ZONING COMMISSION Regular Meeting March 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: Dennis Maloney CITY STAFF PRESENT: Jason Schubert, Matthew Hilgemeier, Joe Guerra, Alan Gibbs, Molly Hitchcock, Lance Simms, Bob Cowell, Carla Robinson, Carrie McHugh, and Brittany Caldwell 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:08 p.m. Regular Agenda 6. Public hearing, presentation, possible action, and discussion regarding a request to rezone 3.41 acres located 2302 Longmire Drive from C-1 General Commercial and R-6 High Density Multi-Family to R-6 High Density Multi-Family. Case # 11-00500012 (JS) (Note: Final action on this item is scheduled for the March 24, 2011 City Council Meeting--subject to change) Senior Planner Schubert presented the Rezoning and recommended approval. Commissioner Miles asked if the current use would stay the same. Chairman Shafer opened the public hearing. Chris Peterson, Peterson Law Group, stated that no further development was planned for the tract and it needed to be rezoned for financing reasons. Chairman Shafer closed the public hearing. Commissioner Stearns motioned to approve the Rezoning. Commissioner Slack seconded the motion, motion passed (7-0). 7. Adjourn. 125 March 3, 2011 P&Z Regular Meeting Minutes Page 2 of 2 Commissioner Warner motioned to adjourn the meeting. Commissioner Stearns seconded the motion, motion passed (7-0). The meeting adjourned at 7:15 p.m. 126 127 128 129