HomeMy WebLinkAbout09/22/2011 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Item 2a - Minutes
Coversheet revised 7
Sept 8 Workshop 8
Sept 8 Regular 13
Sept 15 Joint 18
Item 2b - Traffic Code Amendment Regarding Junked Vehicles
Coversheet revised 20
Ordinance 21
Item 2c - Disposal of Surplus (Personal) Property
Coversheet revised 23
Ordinance 24
Policy for the Disposition of Surplus and Salvage
Property 25
Item 2d - Approval of Statewide Transmission Settlement
Charges In PUCT Docket 39066
Coversheet revised 28
Item 2e - Rock Prairie Road Bridge Improvements Project
Number ST1118 Professional Services Contract and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt.
Coversheet revised 29
Resolution 30
Location Map 31
Debit Reimbursement Resolution 32
Item 2f - Authorize Animal Shelter Funding Resolution
Coversheet revised 35
Resolution 36
Item 2g - Approval of Filing With the Federal Energy Regulatory
Commission Concerning Offer of Settlement With ETI (Entergy)
For Emergency Transmission Interconnection
Coversheet revised 37
Resolution 38
Item 2h - Legal Expenses Related to Entergy Tie
Coversheet revised 40
Legal Services Agreement 41
Item 2i - Fire Station No. 6 Guaranteed Maximum Price
Construction Contract Change Order No. 1
Coversheet revised 48
Change Order 49
Location Map 51
Item 2j - Annual Exemptions
Coversheet revised 52
Item 2k - Lick Creek Wastewater Treatment Plant Miscellaneous
Improvements Professional Services Contract Change Order
1
Coversheet revised 54
Change Order 55
Location Map 56
Item 2L - Ratification of Carters Creek Centrifuge Repairs and
Approval of a Contingency Transfer
Coversheet revised 57
Repair Quote 58
No. 1 - Rock Prairie Road Bridge Improvements Public Hearing
Project Number ST1118
Coversheet revised 68
Location Map 69
No. 2 - Fiscal Year 2011 - 2012 Budget Adoption
Coversheet revised 70
Budget Ordinance 72
No. 3 - Ad Valorem Tax Rate Adoption
Coversheet revised 77
Tax Rate Ordinance 78
No. 4 - Wastewater Utility Rate Increases
Coversheet revised 79
Ordinance 80
2
Mayor Council members
Nancy Berry Blanche Brick
Mayor Pro Tem Jess Fields
Dave Ruesink Karl Mooney
City Manager Katy-Marie Lyles
David Neeley Julie M. Schultz
Agenda
College Station City Council
Regular Meeting
Thursday, September 22, 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:
• September 8, 2011 Workshop and Regular Council Meeting
• September 15, 2011 Joint Meeting with Planning and Zoning
b. Presentation, possible action, and discussion regarding an amendment to Chapter 10, “Traffic Code”,
Section 5, “Junked Motor Vehicle Regulations”, Section A, “Definitions”, of the Code of Ordinances of the
City of College Station, Texas.
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Thursday, September 22, 2011
c. Presentation, possible action, and discussion on an Ordinance amending Chapter 1, "General Provisions",
of the Code of Ordinances of the City of College Station, Texas by repealing Section 15, "Disposition of
Abandoned or Unclaimed Property; Disposition of Salvage or Surplus Property; and Disposition of Seized
Weapons, Explosive Weapons, or other Prohibited Contraband"; providing a severability clause; and
providing an effective date.
d. Presentation, possible action, and discussion regarding the approval and payment of statewide transmission
settlement charges in Docket 39066 of the Public Utilities Commission of Texas and authorizing Joe Pratt of
the legal firm of Bickerstaff Heath Delgado Acosta LLP to be the legal signatory for the City of College
Station in the final settlement document. The net total charges for College Station in this settlement will be
$500,945.00.
e. Presentation, possible action, and discussion on a Professional Services Contract 11-349 with Kimley-Horn
and Associates, Inc. for $452,900.00 for design, bidding, and construction administration for improvements
to the Rock Prairie Road Bridge, and approval of a resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
f. Presentation, possible action, and discussion approving a resolution authorizing expenditures for the
Brazos Animal Shelter in the amount of $169,512.90 for Fiscal Year 2012.
g. Presentation, possible action, and discussion regarding approval of the Offer of Settlement included in a
filing with the Federal Energy Regulatory Commission (FERC) pertaining to an emergency transmission
interconnection with ETI (Entergy). This approval must be given prior to the formal filing of the document at
FERC.
h. Presentation, possible action, and discussion regarding the approval of additional legal expenses related to
the emergency transmission interconnection with Entergy. Total expenses through FY11 are anticipated to
be $75,000 with Duncan, Weinberg, Genzer & Pembroke, P.C.
i. Presentation, possible action, and discussion on a deductive change order in the amount of $104,648.00 to
set the guaranteed maximum price to $5,895,352.00 for the construction of the Fire Station No. 6 Project.
j. Presentation, possible action and discussion to authorize expenditure of funds for FY'12, items exempt
from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022; and
other expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000.
k. Presentation, possible action, and discussion regarding a change order to the professional services contract
with HDR, Inc. (Contract # 10-152) in the amount of $76,670 for the Lick Creek Wastewater Treatment
Plant Miscellaneous Improvements Project.
l. Presentation, possible action, and discussion regarding ratification of an increase in PO 110969 to a new
total of $54,823 for repairs to the Carters Creek centrifuge, and approval of a contingency transfer from the
Wastewater Operating Fund in the amount of $28,745.
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
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Thursday, September 22, 2011
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 concerning approval of a professional services
contract for the Improvements to the Rock Prairie Road Bridge.
2. Presentation, possible action, and discussion on an ordinance adopting the City of College Station 2011-2012
Budget; and presentation, possible action and discussion ratifying the property tax revenue increase reflected
in the budget.
3. Presentation, possible action, and discussion on approval of an ordinance adopting the City of College Station
2011-2012 ad valorem tax rate of $0.437995 per $100 assessed valuation, the debt service portion being
$0.201536 per $100 assessed valuation and the operations and maintenance portion being $0.236459 per
$100 assessed valuation.
4. Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, "Utilities" Section
2, "Water and Sewer Services," of the Code of Ordinances of the City of College Station, Texas having the
effect of raising rates for wastewater service, with effective date of January 1, 2012.
5. 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, September 22, 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 16th day of September, 2011 at 5:00 p.m.
________________________________
City Secretary
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City Council Regular Meeting Page 4
Thursday, September 22, 2011
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 September 16, 2011 at 5:00 p.m. and remained so posted continuously for at least
72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2011 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2011.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
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September 22, 2011
City Council 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:
· September 8, 2011 Workshop and Regular Council Meeting
· September 15, 2011 Joint Meeting with Planning and Zoning
Attachments:
· September 8, 2011 Workshop and Regular Council Meeting
· September 15, 2011 Joint Meeting with Planning and Zoning
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WKSHP090811 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
SEPTEMBER 8, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz, absent
Dave Ruesink, absent
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Frank Simpson, 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 3:06 p.m. on Thursday, September 8, 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.
Mayor Berry reported that item 2f will be pulled later so that a presentation may be given.
Council asked for item 2b was pulled to receive information.
2b: City Secretary Sherry Mashburn explained that the polling location on campus has been
moved from the Memorial Student Center to Rudder Tower due to construction. It was further
noted that a campus location was very important, and there was no movement to change that.
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2. Presentation, possible action, and discussion on the Research Valley Partnership (RVP).
Todd McDaniel, CEO of the RVP, updated the Council on how the RVP will invest for the
future. They are concerned with long-term investment and want to be a catalyst for economic
development and growth. College Station was ranked recently by Forbes as ninth in the nation
and first in Texas as the Best Place for Small Business. They are seeking to transition from a
traditional economic development model to an innovation to industry model. Budget history
reflects level funding since FY04. They have drawn down reserves and been creative with
outsourcing, but they no longer have the reserves to move pieces around. The FY09-10 budget
cut expenses by 10%. They have increased private sector and A&M investment. The current
structure demonstrates a hybrid of the transition, using constant investment with a shift of
resources from marketing to innovation infrastructure. FY11-12 is the end of the strategic plan
and is considered to be a transition year. They will shift to forward facing, proactive engagement
and enhanced global exposures. Transition priorities include continued integration with the
community and university, proactive outreach, and project/product management expertise with
the biocorridor and international gateway. They need to manage/market/sell new products by
expanding the role of project management, increase exposure of the highest priority efforts, and
move the International Gateway from proof of concept. He summarized by stating this is an
investment for expanded corporate relations engagement and the International Gateway. They
utilize a best practices model of leveraging resources by building during recessionary times and a
regional public-private partnership. This is a long-term investment tied to a focused vision.
3. Presentation, possible action and discussion regarding the Fire Station 6 community
engagement plan.
R.B. Alley, Fire Chief, updated the Council on Fire Station 6. To address public engagement, a
planning team was created. This team is comprised of members from the Fire Department,
Public Works, Public Communications, Neighborhood Services, Chamber of Commerce, and the
CVB. Opportunities for the public to receive information and review design plans will be
provided September 13 and 20. The groundbreaking will be on September 27. As for the hiring
and staffing process, applications will be accepted September 1 through October 14. They will
hire the first nine personnel in April 2012 and the second nine personnel in July 2012.
4. Presentation, possible action, and discussion on the FY 2011-2012 BVSWMA, Inc
Proposed Budget and 2011 Annual Business Plan.
Bryan Griesbach, Executive Director of BVSWMA, presented the FY12 budget. Bryan-College
Station make up two-thirds of their revenue. FY12 revenues are projected at $6.5 million, which
is $900,000 less than FY11. Landfill revenues are driven by landfill volumes. They have lost a
customer to lower rates offered in the Austin market. They will continue to maintain the same
rate to Bryan and College Station. Expenses for FY12 are projected at $5.4 million, which is
$512,000 less than FY11. They are striving to cut costs and achieve additional operational
efficiencies to adjust for loss of revenue. Significant expenses are related to personnel and fuel.
Capital expenses are estimated at $5.5 million. Of this, $3 million is for the closure of the Rock
Prairie site. $1.3 million is for the replacement and maintenance of heavy equipment. $600,000
is need for a new wood grinder. They are seeing an increase in wood waste, and they don’t want
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to use up landfill space with wood waste when it can be composted. $650,000 is budgeted for
various site improvements to complete the Twin Oaks landfill. Regarding the initial reserve
draw-down, an initial cell construction creates limited useful landfill capacity. Future cell
developments will yield larger amounts of landfill capacity and create initial planned draw-down
of capital reserves.
Mr. Griesbach presented the 2011 Annual Business Plan per bylaw requirement. They are 100%
compliant with state and federal regulations. Revenue is projected at $7 million projected vs.
$7.4 budgeted. Expenses are $6.8 projected vs. $9.4 budgeted. Cash flow is 370,000 is
projected vs. -$1.9 million budgeted. Their goals include retention of the existing customer base
and replacement of volume lost to competing facilities. Compaction goals include a conservative
density of 1,500 pounds per cubic yard assumed for the initial budget model. Maximizing
density will be a long term goal. The design capacity is 37 million cubic yards or 27 million
cubic tons. The current volume is 300,000 tons per year. The estimated site life is 92 years. As
for composting, they will maintain existing operations for the short term, and in the long term,
they plan to relocate the compost facility to Twin Oaks. Waste diversion strategies include
continuing with current practices such as diverting brush and yard waste, metals and white goods
will be collected for recycling, and tires will be collected for beneficial uses. They will continue
to look at other waste diversions that are successful in other markets. Future activities include a
permanent hazardous household waste collection facility, a community environmental education
center, property acquisition, and vertical expansion.
5. Presentation, possible action, and discussion regarding the Council’s development of
their Strategic Plan.
This item was postponed to a later date.
6. Council Calendar
· September 13 Medical Corridor Advisory Committee in CSU Meeting and Training
Facility, 3:30 p.m.
· September 15 Special Joint P&Z and Council Workshop in Council Chambers at
4:00 p.m.
· September 15 Planning & Zoning Commission Meeting in Council Chambers at
6:00 p.m.
· September 19 IGC Meeting at BVCOG, 12:00 p.m.
· September 21 BVSWMA Board Meeting at Twin Oaks Facility - 2690 SH30, 11:00
p.m.
· September 21 Exploring History Lunch Lecture at CS Conference Center, 11:30
a.m.
· September 22 City Council Workshop/Regular Meeting 3:00 p.m. & 7:00 p.m.
Council reviewed the Council calendar.
7. 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
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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 Mooney requested an item regarding council liaisons from the council.
8 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, 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, Zoning Board of Adjustments.
Councilmember Ruesink reported on Sister Cities and said there is the possibility of a visit from
Salamanca in November.
Councilmember Lyles reported that the Health Board meeting will be rescheduled. The Arts
Council will be celebrating the arts on September 20. The theme is Adventure in Venice.
Mayor Berry reported on the Mayors Council on Physical Fitness. The funding was from a grant
from the Governor’s Council on Physical Fitness. There is no more money, and the activity will
morph into the Parks Board. She then reported the Mayors Development Forum will disband
and working with the City Manager and staff for better communication and a better end product.
She reported the MPO met and reviewed their plan of work, and they are on target. They
approved the operating budget for the coming year.
9. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, and
§551.074-Personnel, the College Station City Council convened into Executive Session at 4:56
p.m. on Thursday, September 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
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· Clancey v. College Station, Glenn Brown and Kathy Merrill, Civil Action No. 09-CV-
01480
· Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-
CV361
· Chavers et al v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case
No. 10 CV-3922
· College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023
· Woodruff v. College Station, Cause No. 10-000515-CV-272
· Ongoing criminal investigation of municipal court missing funds
B. Consultation with Attorney to seek legal advice; to wit:
· Legal issues regarding possible revenue sharing and legislation in bio-corridor
C. Deliberation Regarding Personnel; to wit:
· City Manager
· City Secretary
· Council Self Evaluation
· Internal Auditor
The Executive Session adjourned at 6:57 p.m. on Thursday, September 8, 2011.
No action was required from Executive Session.
8. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 9:25 p.m. on Thursday, September 8, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 8, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz, absent
Dave Ruesink
City Staff:
David Neely, City Manager
Kathy Merrill, Assistant City Manager
Frank Simpson, 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 7:12 p.m. on Thursday, September 8, 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.
A joint College Station Fire and Police Color Guard presented the flags.
Mayor Berry read and presented a proclamation for the 9-11National Moment of Remembrance
to the College Station Police and Fire Departments.
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MOTION: Upon a motion made by Councilmember Ruesink and a second by Councilmember
Mooney, the City Council voted six (6) for and none (0) opposed, to accept Councilmember
Schultz’s absence. The motion carried unanimously.
Citizen Comments
Tina Hanna, 1707 Serval Lane, spoke regarding Project Hold. She stated that the job has grown
over the years. History does matter, and Project Hold embraces the past. Project Hold
collaborates with other city departments. People do care about budgets, but they also care about
quality of life. Who wants to live in a community where there is no quality of life? Who wants
to volunteer if upper management does not appreciate them?
Alston Thoms, 224 Rustic Oaks, Bryan, reported that he has benefited from the heritage
programs. He began working with College Station as an archeologist in 2000 in Veterans Park
and began to tell the story of archeology through the heritage program and lecture series. In
2008, he met with City staff and began to plan a Native American component called the Hot
Rocks Cook-off. This is a celebration of Indian people, citizens, and archeologists coming
together to learn about the past. Mayor Berry invited several tribes to come and tell the story of
Indian people. He is concerned is that with budget cuts, this support will not continue. He asked
Council to continue with their support.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
· August 25, 2011 Workshop and Regular Council Meeting
2b. Presentation, possible action, and discussion on Ordinance 2001-3368, amending
Sections 5 and 6 of Ordinance No. 2011-3361, ordering a Special Election to be held on
November 8, 2011 for the purpose of submitting proposed amendments to the City Charter
to the voters; establishing early voting locations and polling places for this election; and
making provisions for conducting the election. Presentación, posible acción, y discusión de
una ordenanza 2011-3368, enmendando las secciones 5 y 6 de la ordenanza no. 2011-3361,
ordenando elecciones especiales a celebrarse el 8 de noviembre de 2011 con el propósito de
presentarle a los votantes las enmiendas propuestas a los estatutos de la ciudad;
estableciendo centros de votaciones tempranas y centros de votaciones para estas
elecciones; y hacer todos los arreglos necesarios para llevar a cabo las elecciones.
2c. Presentation, possible action and discussion on Resolution 09-08-11-2c, approving an
interlocal government agreement with Brazos County for the conduct and management of
the City of College Station Special Election and the approval of the Notice of Special
Election that will be held on Tuesday, November 8, 2011. Presentación, posible acción y
discusión acerca de la aprobación de la resolución 09-08-11-2c, autorizando un acuerdo de
gobierno interlocal con el Condado de Brazos para celebrar y administrar las Elecciones
Especiales de la Ciudad de College Station y aprobar la Notificación de Elecciones
Especiales a celebrarse el martes 8 de noviembre de 2011.
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2d. Presentation, possible action, and discussion regarding Resolution 09-08-11-2d,
selecting a professional contractor, approving a professional services contract with Halff
Associates, Inc. and authorizing the expenditure of funds for the Lick Creek Hike and Bike
project in the amount not to exceed $64,365.00.
2e. Presentation, possible action and discussion regarding the approval of Resolution 09-08-
11-2e, accepting from the Texas Division of Emergency Management (TDEM) the 2009
Homeland Security Grant Program Grant Adjustment Notice (GAN) of $82,000, naming a
City staff member as manager of those grant funds.
2f. Presentation, possible action, and discussion regarding a recommendation to name the
new Skate Park at Southwood Athletic Park in College Station (Resolution 09-08-11-2f).
2g. Presentation, possible action, and discussion regarding ratification of Change Order #2,
in the amount of $57,734.01 to Contract No. 11-001 with Fuqua Construction Company,
Inc. related to construction of the 2005 Bike Loop Phase II Project.
2h. Presentation, possible action, and discussion on the FY 2011-2012 BVSWMA, Inc.
Proposed Budget and 2011 Annual Business Plan.
2i. Presentation, possible action, and discussion rejecting invitation to bid 11-73 for the
construction of the FM 2818 – Villa Maria Transmission Line Adjustment.
2j. Presentation, possible action, and discussion renewing Contract No. 09-189 (RFP No.
09-62) for Janitorial Services for all City offices for an annual expenditure of $199,142.44
and Deduction Change Order No. 2 in the amount of $32,000 for a modified annual
expenditure of $167,142.44.
2k. Presentation, possible action, and discussion on an Interlocal Agreement for
cooperative purchasing activities between the City of College Station and City of Plano.
2l. Presentation, possible action and discussion on a contract renewal for year 3 to provide
ambulance billing services with Emergicon in an amount not to exceed $85,000.
2m. Presentation, possible action and discussion on approving annual water meter
purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council
(HGAC) contract. Based on the attached contract unit pricing, the estimated annual
expenditure for water meters is: $382,978.41.
Item 2f was pulled from the Consent Agenda.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Fields, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda,
less item 2f. The motion carried unanimously.
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(2f)MOTION: Upon a motion made by Councilmember Ruesink and a second by
Councilmember Lyles, the City Council voted six (6) for and none (0) opposed, to adopt
Resolution 09-08-11-2f, naming the new Skate Park at Southwood Athletic Park, the G. Hysmith
Skate Park. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion on the City of College
Station 2011-2012 Proposed Budget.
At approximately 7:41 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:41 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Mayor Berry, the
City Council voted six (6) for and none (0) opposed, to remove the $100,000 funding for Arts
Council Affiliates from the General Fund. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Ruesink and a second by Councilmember
Lyles, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields
voting against, to fund the Arts Council Affiliates $100,000 from HOT tax. The motion carried.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Lyles, the City Council voted two (2) for and four (4) opposed, with Mayor Berry and
Councilmembers Brick, Mooney, and Ruesink voting against, to reduce the allocation to the
RVP from $350,000 to $300,000 (same level as FY11). The motion failed.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Ruesink, the City Council voted six (6) for and none (0) opposed, to charge staff to research
which portion of the $350,000 budgeted for the RVP could be realized by application of the
HOT tax. The motion carried unanimously.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Lyles, the
City Council voted six (6) for and none (0) opposed, to fund $50,000 to the George Bush Library
and Museum from the HOT tax, reducing the CVB allocation by $50,000. The motion carried
unanimously.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Fields, the
City Council voted six (6) for and none (0) opposed, to fund the CVB $1 million from the HOT
fund. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Fields and a second by Mayor Berry, the
City Council voted three (3) for and three (3) opposed, with Councilmembers Brick, Mooney and
Ruesink voting against, to reduce the line item in the Sanitation Fund for Keep Brazos Beautiful
by $2,500. The motion failed.
16
RM090811 Minutes Page 5
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Lyles, the City Council voted one (1) for and five (5) opposed, with Mayor Berry and
Councilmembers Brick, Mooney, Lyles, and Ruesink voting against, to strike $10,000 for July
4th fireworks from the General Fund. The motion failed.
2. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 9:14 p.m. on Thursday, September 8, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
17
JM091511 Minutes Page 1
MINUTES OF THE JOINT MEETING WITH
THE CITY OF COLLEGE STATION PLANNING AND ZONING COMMISSION
AND THE COLLEGE STATION CITY COUNCIL
SEPTEMBER 15, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Karl Mooney
Katy-Marie Lyles
Dave Ruesink
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Tanya McNutt, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Joint Meeting with the College Station Planning and Zoning
Commission and the College Station City Council was called to order by Mayor Nancy Berry at
4:20 p.m. on Thursday, September 15, 2011 in the Council Chambers of the City of College
Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2. Presentation, possible action, and discussion regarding an overview of comprehensive
planning.
Bob Cowell, AICP, CNU-A, Executive Director, Planning & Development Services presented an
overview of Comprehensive Planning and Comprehensive Planning in College Station. (What it
is, Why do it, What it is not)
3. Presentation, possible action, and discussion regarding an overview of form-based codes.
Bob Cowell, AICP, CNU-A, Executive Director, Planning & Development Services presented an
overview of Zoning (What it is, Why do it, It’s many forms) and of Form-Based Codes and its
use/application to College Station.
18
JM091511 Minutes Page 2
4. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the Joint Meeting with the
College Station Planning and Zoning Commission and City Council at 6:00 p.m. on Thursday,
September 15, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
19
September 22, 2011
Consent Agenda Item No. 2b
Traffic Code Amendment Regarding Junked Vehicles
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director, Planning & Development
Services
Agenda Caption: Presentation, possible action, and discussion regarding an amendment to
Chapter 10, “Traffic Code”, Section 5, “Junked Motor Vehicle Regulations”, Section A,
“Definitions”, of the Code of Ordinances of the City of College Station, Texas.
Recommendation(s): Staff recommends approval of the Ordinance amendment as
presented.
Summary: This Ordinance amends Chapter 10 of the Code of Ordinances to make the
City’s definition of a “junked vehicle” consistent with the State’s definition. HB 1376,
approved by the Texas Legislature last session, amended the definition of a “junked vehicle”
as follows:
A vehicle that is self-propelled and displays an expired license plate or invalid motor vehicle
inspection certificate or does not display a license plate or motor vehicle inspection
certificate; and is:
· Wrecked, dismantled, partially dismantled, or discarded; or,
· Inoperable and has remained inoperable for more than:
Ø 72 consecutive hours, if the vehicle is on public property; or
Ø 30 consecutive days, if the vehicle is on private property.
This amendment will enhance the Police Department’s and Code Enforcement Division’s
ability to address junked vehicles within the City.
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
20
21
22
September 22, 2011
Consent Agenda Item No. 2c
Disposal of Surplus (Personal) Property
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action, and discussion on an Ordinance
amending Chapter 1, "General Provisions", of the Code of Ordinances of the City of College
Station, Texas by repealing Section 15, "Disposition of Abandoned or Unclaimed Property;
Disposition of Salvage or Surplus Property; and Disposition of Seized Weapons, Explosive
Weapons, or other Prohibited Contraband"; providing a severability clause; and providing an
effective date.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the Ordinance repealing Section 15 in
Chapter 1 of the Code of Ordinances.
Summary: The current ordinance has not been changed since 2001 and is inefficient and
ineffective because in some cases it requires a minimum of 45 days before disposition can
be made. Staff is recommending that we include a section in the Purchasing Policies and
Procedures Manual for the disposition of City surplus and/or salvage property. This policy
will govern the disposition of all surplus property other than land since there are no
statutes governing the disposition of the City’s surplus and salvage property. The proposed
policy is more flexible and allows timely disposal of surplus property through a variety of
means including but not limited to: recycling; auction; competitive bidding; trade-in;
destruction of salvage materials; and charitable donations if the donation would serve a
public purpose.
Budget & Financial Summary: There is no expenditure of funds required for this change.
The positive financial impact is the quicker disposition of surplus property will result in
revenue received sooner rather than later.
Attachments:
1. Ordinance Repealing Chapter 1 Section 15 of the Code of Ordinances
2. Policy for the Disposition of Surplus and Salvage Property
23
24
DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY;
DISPOSITION OF SALVAGE OR SURPLUS PROPERTY; AND DISPOSITION
OF SEIZED WEAPONS, EXPLOSIVE WEAPONS, OR OTHER PROHIBITED
CONTRABAND
A. ABANDONED OR UNCLAIMED PROPERTY
(1) Code of Criminal Procedure
The disposition of abandoned or unclaimed property shall be made in
accordance with Article 18.17 of the Code of Criminal Procedure as it may be
amended from time to time.
B. SALVAGE OR SURPLUS PROPERTY
(1) Definitions
(a) Salvage Property - personal property, other than items routinely discarded
as waste, that because of use, time, accident, or any other cause is so worn,
damaged, or obsolete that it has no value for the purpose for which it was
originally intended.
(b) Surplus Property - personal property that:
(i) is not salvage property or items routinely discarded as waste;
(ii) is not currently needed by the City,
(iii) is not required for the City's foreseeable needs; and
(iv) possesses some usefulness for the purpose for which it was
intended.
(2) Disposition
(a) General
It is the intent of this section to dispose of salvage or surplus property
within 30 days of identifying it as such , with the applicable time period
of180 days for vehicles and heavy equipment. This will maximize the
value of salvage and surplus property by avoiding hidden costs such as
storage, maintenance, and obsolescence. A Department that determines it
has surplus or salvage property should inform the Finance Department of
the property's kind, number, location, condition, original cost or value, and
date of acquisition.
(b) Methods of Disposal
(i) Recycling
Recycling is a key component of waste management and helps in
the conservation of energy and natural resources while reducing
waste. City Departments should attempt to recycle when it is
determined to be the most cost effective and environmentally
sound way of managing waste. Departments should maximize the
life of City property by reusing property whenever possible,
recycling all acceptable materials, disposing only of what is
necessary and buying recycled products when appropriate.
(ii) Auction or Competitive Bidding
The Finance Department may periodically sell the City’s surplus or
salvage property by competitive bid or auction, except that
25
competitive bidding or an auction is not necessary if the purchaser
is another local government.
(iii) Trade-In
The Finance Department may offer the property as a trade-in for
new property of the same general type if is determined to be in the
best interests of the City.
(iv) Destruction
The property may be destroyed or otherwise disposed of as
worthless if the Finance Department undertakes to the sell the
property by auction or competitive bid and is unable to do so
because no bids are received or if the property is considered
salvage.
(v) Charitable Donations
The Finance Department may dispose of the property by donating
it to a non-profit, civic or charitable organization taking the
following into consideration:
A. Pursuant to any applicable statutory provisions; or
B. Undertaking to sell the property by auction or competitive bid
would likely result in no bids or a bid price that is less than the
City’s expenses required for the bid process; or
C. The donation serves a public purpose; or
D. The organization will provide the City with adequate
consideration, such as relieving the City of transportation or
disposal expenses related to the property.
(c) Exceptions
(i) Fleet
The inter-departmental transfer of vehicles and heavy equipment
shall be coordinated by the Fleet Manager or his designee. Once
Fleet has exhausted the equipment’s useful life by transferring it to
other City Departments, Fleet may choose any of the methods
described above to dispose of the vehicles and heavy equipment in
the most cost effective manner appropriate. The City may exercise a
repurchase option when disposing of property if the repurchase
price of the equipment is contained in a previously accepted
purchase contract.
(ii) Information Technology
The inter-departmental transfer of computer, communication
devices and other high technology items shall be coordinated by the
IT Director or his designee. Once IT has exhausted the equipment's
useful life by transferring it to other City Departments, IT may
choose any of the methods described above to dispose of high
technology equipment in the most cost effective and
environmentally friendly manner appropriate.
(iii) Firefighting Equipment and Supplies
The City may choose to donate its surplus equipment, supplies, or
other materials used in fighting fires to the Texas Forest Service or
26
to a successor agency authorized to cooperate in the development of
rural fire protection plans.
(3) Notice
Notice of available surplus property may be posted on the City's intranet, the
City's website, or through an internet auction site offering online bidding.
(4) Record
The Finance Department shall keep a record of each item of surplus or salvage
property sold and the sale price of each item. The City shall keep a record of
each item disposed of for a period of one year.
(5) Proceeds
The Finance Department shall deposit the proceeds from the sale of salvage or
surplus property into the City treasury to the credit of the general fund or the
fund from which the property was purchased.
C. DISPOSITION OF SEIZED WEAPONS, EXPLOSIVE WEAPONS, OR OTHER
PROHIBITED CONTRABAND
(1) Disposition of Gambling Paraphernalia, Prohibited Weapon, Criminal
Instrument, and Other Contraband
The disposition of gambling paraphernalia, prohibited weapon, criminal
instrument, and other contraband shall be made in accordance with Article
18.18 of the Code of Criminal Procedure as it may be amended from time to
time.
(2) Disposition of Explosive Weapons and Chemical Dispensing Devices
The disposition of explosive weapons and chemical dispensing devices shall
be made in accordance with Article 18.181 of the Code of Criminal Procedure
as it may be amended from time to time.
(3) Disposition of Seized Weapons
The disposition of seized weapons shall be made in accordance with Article
18.19 of the Code of Criminal Procedure as it may be amended from time to
time.
27
September 22, 2011
Consent Agenda Item No. 2d
Approval of Statewide Transmission Settlement Charges
In PUCT Docket 39066
To: David Neeley, City Manager
From: David Massey, Director of Electric Utilities
Agenda Caption: Presentation, possible action, and discussion regarding the approval
and payment of statewide transmission settlement charges in Docket 39066 of the Public
Utilities Commission of Texas and authorizing Joe Pratt of the legal firm of Bickerstaff Heath
Delgado Acosta LLP to be the legal signatory for the City of College Station in the final
settlement document. The net total charges for College Station in this settlement will be
$500,945.00.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure.
Recommendation: Staff recommends approval of the settlement charges in PUCT Docket
39066. Staff also recommends Joe Pratt of Bickerstaff Heath Delgado Acosta LLP be
authorized as the legal signatory for College Station in the final settlement document for
Docket 39066.
Summary: The settlement for statewide transmission charges in PUCT Docket 39066
involves transmission charges for the time period September through December 1999. The
original statewide transmission charge matrix had included what was called a “Transition
Mechanism” that was later ruled illegal by the courts. This Transition Mechanism was
originally used to lessen the impact of transmission tariffs to some utilities as Texas moved
to open transmission access in the late 1990s. College Station was a beneficiary of this
Transition Mechanism along with a number of other electric utilities in Texas. Docket 39066
has served as the settlement mechanism for revised transmission charges for the time
period September through December of 1999. The total charges to College Station from
Docket 39066 is $649,448.00. However, since a 2003 transmission settlement has already
occurred between College Station and Bryan/TMPA that included the September-December
1999 time period, the net charges to College Station is reduced to $500,945.00. Joe Pratt of
Bickerstaff Heath Delgado Acosta LLP has been College Station’s legal representative
throughout the settlement hearings in Docket 39066 and is recommended to be the legal
signatory for College Station in the final settlement document.
Budget & Financial Summary: This item was not included in the FY11 Approved
Budget as the settlement had not been finalized when the FY11 Approved Budget was
developed. Budget for the settlement in the amount of $500,945 was included on FY11
Budget Amendment #3 (approved 8-25-11). Funds for this settlement will come from the
Electric Utility fund balance.
Attachment:
Resolution to be considered will be available at the meeting
Revised Transmission Payment Matrix – Will be provided at the Council meeting
28
September 22, 2011
Consent Agenda Item No. 2e
Rock Prairie Road Bridge Improvements
Project Number ST1118
Professional Services Contract and a Resolution
Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract 11-349 with Kimley-Horn and Associates, Inc. for $452,900.00 for design, bidding,
and construction administration for improvements to the Rock Prairie Road Bridge, and
approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure. Goal IV, Improving Multimodal Transportation.
Recommendation(s): Staff recommends approval of this professional services
contract and recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Summary: The scope of the Rock Prairie Road Bridge Improvements project is for
environmental clearance, design, bidding, and construction administration for the
improvements to the existing bridge over State Highway 6. Kimley-Horn and Associates,
Inc. prepared a traffic study of the Rock Prairie Road Corridor earlier this year to collect
traffic data and make infrastructure improvement recommendations to alleviate existing
traffic congestion. The corridor limits were generally bounded by Normand Drive to the
west, Ponderosa Road to the north, Graham Road to the south, and Stonebrook Drive to the
east. The report concluded that the Rock Prairie Road Bridge will be operating at an
unacceptable Level of Service by 2016 if the bridge is not expanded.
The Bryan-College Station Metropolitan Planning Organization (BCSMPO) identified this
project as the number one priority project in their Metropolitan Transportation Plan. The
BCSMPO received $4.6 million in State Proposition 12 funds from TxDOT. The BCSMPO
voted to allocate those funds toward the construction of the Rock Prairie Road Bridge. As a
condition, the City is responsible for funding the engineering design and environmental work
on this project and TxDOT will manage the construction of the project. The City is obligated
to deliver final plans and specifications including environmental clearance by April of 2013.
Kimley-Horn and Associates, Inc. was contacted to submit a proposal for professional
services based on their previous work done and previous experience along the Rock Prairie
Corridor.
Budget & Financial Summary: The contract amount for engineering is not to exceed
$452,900.00. This project was not included in the FY11 Approved Budget because the
project was not defined when the FY11 Approved Budget was developed. Budget for the
project in the amount of $567,000 has been transferred from the Barron Road Widening
Phase II project since that project is expected to cost significantly less than the amount
authorized as part of the 2008 General Obligation Bond election. 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 project. This debt is scheduled
to be issued next fiscal year.
Attachments:
1.) Resolution
2.) Project Location Map
3.) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt 29
30
31
32
33
34
September 22, 2011
Consent Agenda Item No. 2f
Authorize Animal Shelter Funding Resolution
To: David Neeley, City Manager
From: Jeff Capps, Chief of Police
Agenda Caption: Presentation, possible action, and discussion approving a resolution
authorizing expenditures for the Brazos Animal Shelter in the amount of $169,512.90 for
Fiscal Year 2012.
Relationship to Strategic Goals: Goal I.8 Evaluating Public Safety Needs. Goal I.1
Spending tax payer money efficiently.
Recommendation(s): Staff recommends approval of the resolution funding in the amount
of $169,512.90 to the Brazos Animal Shelter.
Summary: On March 10, 2011, Council approved an Interlocal agreement between the
Brazos Animal Shelter and the City of College Station that took effect on July 1, 2011. The
ILA indicates that the annual payment shall be adjusted annually for each year the
agreement is in effect for the services performed by the shelter.
The FY 12 funding level was negotiated with the City based on the Animal Shelter and the
City’s determination of what they believe the cost is to the City of College Station for the
Shelter to provide the contracted services. This year’s Animal Shelter’s budget will be
different then years past as they are longer contracting services with the City of Bryan. Due
to the uncertainty of the exact operating expenses of the Shelter’s operations, the City has
agreed to meet with their representatives on a quarterly basis during FY 12 and ensure the
funding level agreed upon is appropriate.
Budget & Financial Summary: Funds are available and budgeted in the General Fund in
the Police Department Uniform Patrol division budget. Payments are made in equal
installments on a monthly basis.
Attachments:
· Resolution
35
36
September 22, 2011
Consent Agenda Item No. 2g
Approval of Filing With the Federal Energy Regulatory Commission
Concerning Offer of Settlement With ETI (Entergy)
For Emergency Transmission Interconnection
To: David Neeley, City Manager
From: David Massey, Director of Electric Utilities
Agenda Caption: Presentation, possible action, and discussion regarding approval of the
Offer of Settlement included in a filing with the Federal Energy Regulatory Commission
(FERC) pertaining to an emergency transmission interconnection with ETI (Entergy). This
approval must be given prior to the formal filing of the document at FERC.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure.
Recommendation: Staff recommends approval of the Offer of Settlement for the filing with
the Federal Energy Regulatory Commission (FERC).
Summary: Hurricane Ike in 2008 created numerous power outages after it hit Texas. One
of the hardest hit power systems was the Entergy system where transmission lines were
severed to a number of communities in the Brazos Valley area. The Texas Legislature in
1999 passed legislation directing the Public Utility Commission of Texas (PUCT) and the
Electric Reliability Council of Texas (ERCOT) to study and recommend an interconnection
between the ERCOT transmission grid and the Entergy transmission system, which is not
part of ERCOT. This interconnection was to be located so that the Entergy transmission
affected by Hurricane Ike would have an emergency backup if needed. The PUCT staff has
recommended that College Station and Entergy Texas construct an interconnection that,
while normally would be open, could be closed under declared emergencies to permit load
transfer between ERCOT and the SERC region of which Entergy is a member. The proposed
interconnection would allow Entergy Texas, during a declared emergency, to transfer
approximately 170 MW of connected load in the SERC region, to the ERCOT system without
negatively affecting the ERCOT system or the remainder of the Entergy Texas system.
The purpose of the Application to be filed at FERC is to obtain a FERC order (1) authorizing
the construction of an interconnection between College Station and Entergy Texas to be
used only upon a State of Emergency as declared by the Governor of Texas, and (2)
authorizing the provision of transmission service by either College Station or Entergy Texas
in the event of such a declared emergency, while, at the same time, (3) maintaining the
jurisdictional status quo for entities in the ERCOT grid such that College Station, ERCOT and
other entities in the ERCOT grid that are not otherwise subject to FERC jurisdiction, will not
be subject to FERC jurisdiction for any purposes other than the purposes of ordering the
interconnection and related transmission services. The Offer of Settlement which is to be
approved by FERC as part of the filing was negotiated between the City and Entergy and
sets out the terms and conditions under which Entergy would interconnect with College
Station.
Budget & Financial Summary: Approval of the FERC filing will not have any direct
budget considerations.
Attachment:
Resolution - A copy of the Offer of Settlement can be found in the City Secretary Office
37
38
39
September 22, 2011
Consent Agenda Item No. 2h
Legal Expenses Related to Entergy Tie
To: David Neeley, City Manager
From: David Massey, Director of Electric Utilities
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
additional legal expenses related to the emergency transmission interconnection with
Entergy. Total expenses through FY11 are anticipated to be $75,000 with Duncan,
Weinberg, Genzer & Pembroke, P.C.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure.
Recommendation: Staff recommends approval of the agreement.
Summary: In 2009, the Texas Legislature mandated an emergency transmission
interconnection between the ERCOT grid and the Southwest Power Pool (SPP). In particular,
the Entergy transmission system within SPP was required to have this interconnection to
avoid another outage situation similar to the long transmission outage after Hurricane Ike.
The College Station area was the best choice for this emergency interconnection. The
target date for completion of this interconnection is May, 2012.
Legal expenses have been incurred at both the state and federal levels. Duncan, Weinberg,
Genzer & Pembroke, P.C. (a Washington D.C. based firm) has had previous experience with
the City of College Station and has handled the necessary filings at the Federal Energy
Regulatory Commission (FERC) for this interconnection.
A purchase order for $50,000 has been issued to cover legal expenses for the services in
Washington, D.C. It has recently been brought to our attention that legal costs will actually
total $75,000 for FY11. Since anticipated expenses will now exceed City Manager’s
delegated authority of $50,000, the additional funding request is being brought to Council
for approval. Payments in the amount of $49,881.50 have already been paid, and those
funds are included in the $75,000 amount. Note: All legal fees associated with this
project will be recovered through an anticipated Transmission Cost of Service
(TCOS) filing in 2012 by College Station.
Budget & Financial Summary:
Legal expenses for the Entergy Tie will be paid out of Electric Capital Funds (work order
WF1396683/Job2).
Attachment:
Legal Services Agreement
40
AO'~ ~ 1971..2011 LawOffrces Duncan, Weinberg, Genzer & Pembroke, P.C WALLACE L. DUNCAN (Im-lOO8) SUITE 800 OilVfII'fIIiI (}jJIt.:# EDWARD WEINBERG (1918-1995) 1615 M STREET. N.W. SUITE 1410, '15 L STREET ROBERT WEINBERG WASIUNCTON. DC 10036 SACRAMENTO. CA 95814 JEllFREY C. GENZER ('16) 498-0121 THOMAS L. RUDEBUSCH SEANM.NEAL MICHAEL R. POSTAR POl) 461-6318 TA.N.IA M. SHONKWILER FAX (l0l) 467.6)79 SUJTE~1 EU D.. EILBO'IT" WWW.ftcp.COIIl lot W. SAN FERNANDO S'f'R.EET LISA 8. GAST SAN JOSE, CA 95113 P£TERJ. SCANLON . (401) 2S11-ltI8O KATHLEEN L. MAZURE BARRY P. Mc.CAR'I'HY' DEREK A. DYSON C. SUSIE BERLm+ BHAVEETA K. MODY
KRISTEN CONNOLLY MeCULLOllCH
SETH T. LUCIA
Nor1IItItIA .1ifI/mIIII 0JIke
l7IJO BEUEVUE AVENUE
JOSHUA E. ADRIAN
MA1THEW R. RUDOLPH]
JASON T. GRAY
April 28, 2011 SYRACUSE, NY 1311'
(315) 471-1318
11fOMAS .I. L \'l'fCJr
NATALIE M. KARAS
RICHMOND F. ALLW
TERIlY E. SINGER·
JAMES Do PEMBROKE"
David 1. Massey
Director of Electric Utilities, City of College Station
P.O. Box 9960
1601 Graham Road
College Station, Texas 77842
RE: Legal Services Agreement
Dear Mr. Massey:
This Agreement is effective upon your execution and is between Duncan, Weinberg.
Genzer & Pembroke, P .C. elFinn"), a District of Columbia professional corporation, located at
1615 M Street, N.W., Suite 800, Washington, D.C. 20036, and the City of College Station, Texas
e'Client" or "College Station"), located at 1601 Graham Road, College Station, Texas. The
Client will be solely responsible for compensating the Finn for its fees and costs.
The Finn hereby agrees to perform legal services for and on behalf of Client and Client
hereby authorizes the Firm to perform legal services with regard to matters as may be mutually
agreed.
The Firm will be compensated for professional services at the following hourly rates,
effective upon execution.
Principals/Of Counsel $385
Other Principals/Of Counsel $360
Senior Associates $345
Associates $305
41
-------------------------
2
Non-Attorney Staff $210 Senior Paralegals $175 Other Paralegal Staff and Law Clerks $145 The Finn may assign other attorneys at comparable hourly rates as set forth above. The Finn will submit monthly itemized bills, due upon receipt, for professional legal service fees at the above rates, and reimbursable expenses which may include, but are not limited to; travel expenses, long distance telephone charges, on-line computer research, photocopying charges, postage and delivery costs, filing fees, word processing charges, transcript costs, support staff overtime and notary fees, and the cost and expenses, ifany, of consultants retained by the Firm with the approval of the Client.
Either Client or Firm may terminate this Agreement, with or without cause, by giving a
written termination notice to the other, any such termination to be effective upon receipt of the
notice. In the event of such termination, any WIpaid amoWIt due to the Finn for professional
services rendered and expenses incurred prior to termination, shall remain due and payable.
Further, the Finn may exercise such right of termination only to the extent and WIder terms and
conditions consistent with the obligations ofthe Firm WIder the Code of Professional
Responsibility applicable in the District ofColumbia.
We appreciate the opportWlity to work with College Station again. Please indicate your
agreement by signing below. We request that you return one of the signed original Legal
Services Agreements, and retain the other for your files. We have also attached our Standard
Terms of Engagement for Legal Services, which are incorporated by reference herein.
Sincerely,
~.LIf~
Agreed:
On behalfof:______________
Signature: _____________
,.Printed Name: ____________
Title:
Dated: _________________________
42
EXECUTED in duplicate originals this ~tJ-, day Of----"'JJ.~~\---___' 2011, by CITY. CITY OF COLLEGE STATION
BY:~~
City Manager
Date: (~Zz -/I
APPROVED:
City Attorney
Date: 07/19/J I
43
DUNCAN, WEINBERG, GENZER & PEMBROKE, P.C. Standard Terms of Engagement for Legal Services We appreciate your selection of Duncan, Weinberg, Genzer & Pembroke, P.C. ("DWGP" or "Firm"), to represent you. The purpose of this docwnent is to provide you with important information about the scope of this engagement, our fees and billing policies, and other terms that will govern our relationship. It has been our experience that this document is helpful to both the client and the Firm as a way of clarifying our relationship. lbis agreement is with College Station ("Client''). The Client will be solely responsible for compensating the Finn for its fees, costs and expenses.
Unless modified by the Legal Services Agreement forwarded along with this enclosure,
this document sets forth the standard terms of our engagement as your lawyers. We therefore
ask that you carefully review it to ensure that you understand and agree to our respective
responsibilities. If you have any questions concerning the matters discussed below, please
contact us promptly so that we may address them with you. We suggest that you retain a copy of
this document with your signed copy of the accompanying Legal Services Agreement, as these
terms will be an integral part of our agreement with you.
Scope of Engagement
The Firm hereby agrees to perform legal services for and on behalf of Client and Client
hereby authorizes the Firm to perform legal services with regard to matters as may be mutually
agreed.
We will at all times act on your behalf to the best of our ability. The Firm provides
personal attention to each client's needs, and maintains a flexible approach to achieving desired
results in the most cost-effective manner. During the course of our representation, you may seek
our professional opinion regarding the likely outcome of your legal matters. Any expressions
(solicited or otherwise) on our part concerning such possible outcomes are expressions of our
best professional judgment, but are not guarantees.
We continually evaluate whether there are any conflicts of interest that would interfere
with our representation of a client's interests. Should we detennine in the course of our
representation that a conflict has arisen, we will promptly notify you. We similarly ask you to
notify us if you become aware of any potential conflicts of interest. If either you or we conclude
that our representation should or must be terminated, we will do our best to protect your interests
by assisting in providing a smooth transition to new counsel.
We wish to emphasize that DWGP provides a wide array onegal services to many clients
throughout the country. These services include legislative and administrative representation on
matters that may directly or indirectly affect the Client's interests. Therefore, as a condition of
our undertaking to represent any client on a particular matter as described in our accompanying
Legal Services Agreement, our clients waive objection to any conflict of interest that might be
deemed to be created by our representation of other clients in legislative or administrative policy
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matters that are unrelated to the specific representation we have been asked to undertake on their behalf. Your waiver will permit us to represent another client in advocating a change in law or policy in areas such as environmental law, energy and utility law, communications law, municipal law, and intellectual property law, even if the policy we advocate would or might have a direct or indirect adverse impact upon your interests. It is also possible that some of our current or future clients will have disputes with you during the time we are representing you. We therefore also ask each of our clients to agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you, even if the interests of such clients in those unrelated matters are directly adverse to yours. In the event the Client's interests and one or more of our other current clients' interests
diverge, or at any time either our representation of the Client or one of our other current clients
will be or is likely to be adversely affected because of a contlict of any kind, we reserve the right
to withdraw as the Client's representative. In the event of such withdrawal, you consent on
behalf of the Client to the Firm's continued representation of other clients in the capacity in
which we currently represent them. The Client may experience possible extra expense,
inconvenience, or other disadvantages ifan actual conflict of position should later arise that
requires the lawyer to terminate the representation. In all cases, we will preserve the
confidentiality ofall non-public information that the Client provides us. Your signature on the
attached Legal Services Agreement will constitute the Client's agreement to the waivers
requested in this and the prior paragraphs.
Who Will Provide the Legal Services
Your representation will be supervised by Lisa S. Gast. Michael Postar and/or Peter J.
Scanlon may also perform work for the City. Subject to the principal attorney's supervision,
other lawyers and/or legal assistants (paralegals) in the Firm may perform services on your
behalf. The staffing decisions are made by the principal attorney with the objective of rendering
timely and cost-effective services to you. Whenever practicable, we will advise you of the
names ofthose attorneys who work on your matters.
How Fees Will Be Set
Fees for services rendered will be based on the reasonable value of those services as
determined in accordance with the codes ofprofessional responsibility for the jurisdictions in
which we practice. Fees will be based primarily on our standard hourly billing rates in effect at
the time the work is performed and the numbers of hours worked. Each attorney, legal assistant
(paralegal) and law clerk is assigned a standard hourly billing rate, based on the person's
experience, years of practice, special expertise, and professional achievement. The
accompanying Legal Services Agreement details the current billing rates of the persons most
likely to perform the primary services on your behalf. The Firm typically adjusts these rates on
an annual basis to reflect current levels of legal experience, changes in overhead costs and other
factors.
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5 Time for which a client will be charged will include, but are not limited to: telephone and office conferences with the client, witnesses, consultants, court personnel and others; conferences among our legal personnel; factual investigations; legal research; preparation of responses to clients' requests for us to provide information to their auditors; drafting of letters, pleadings, briefs, memoranda and other documents; travel time; and time in depositions, other discovery proceedings and in court. We charge our time in units of one tenth of an hour. Costs and E?ij)el1Ses The Firm will submit monthly itemized bills, due upon receipt, for professional legal service fees at the above rates, and reimbursable expenses which may include, but are not limited
to: travel expenses, long distance telephone charges, on-line computer research, photocopying
charges, postage and delivery costs, filing fees, word processing charges, transcript costs,
support staff overtime and notary fees, and the cost and expenses, if any, of consultants retained
by the Firm with the approval of the Client.
The Firm does not accept liability for the fees, costs or expenses of any other consultants
or contractors that Client may retain. However, as a convenience to the Client and as may be
required for the representation the Firm undertakes, the Firm in certain circumstances may serve
as a pass-through of such non-DWGP fees and payments on behalfof Client. Where the Firm
serves as a conduit for the pass-through of the consultant's/contractor's fees, costs or expenses to
the Client, the consultant/contractor must agree, in a separate written agreement between the
Firm and the consultant/contractor, that the latter will be paid only when the Client pays the
Firm's invoice in full, and that any failure to pay the consultant's/contractor's invoice will be a
dispute solely between consultant/contractor and Client and not between the Firm and Client nor
between the Firm and consultant/contractor.
In those situations where we agree to allow Client's outside consultant/contractor fees,
costs and expenses to be passed through the Firm's invoices, such pass-through will be allowed
only if (l) consistent with all applicable Bar rules, (2) expressly addressed in both a written
agreement between the Firm and the Client and in a written agreement between the Firm and the
consultant/contractor, and (3) the language of such agreements states that
consultant's/contractor's passed-through fees, costs and expenses will be paid by our Firm only
to the extent paid by the Client and that the Firm retains the right to withhold payment of such
passed-through fees, costs and expenses until the Client pays 100010 of the Firm's own fees, costs
and expenses.
We reserve the right to make (at the Client's expense), and retain, copies of all
documents generated or received by us in the course of our .representation. When the Client
requests documents from us, copies that we generate shall also be made at your expense,
including both professional fees for time expended in reviewing files to be copied and
reproduction costs.
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Billing Arrangements and Terms of Payment Our invoices are payable upon receipt, but in no event later than 30 days after the invoice date. Please be advised that the Finn will impose a service charge, at the rate of 1.5% per month (i.e., an annual percentage rate of eighteen percent (18%», on unpaid amounts that have been delinquent for thirty (30) days or longer. This service charge will be added to any balance due on the date of the next billing, and any payments made by you on this balance due will first be credited to any accrued service charges, then to the oldest outstanding principal balance. We will notifY you promptly ifyour account becomes delinquent, and you agree to bring current the amounts due when so notified. If the delinquency continues and you do not arrange
satisfactory payment terms, we reserve the right to postpone or defer providing additional
services or to withdraw from the representation and pursue collection of your account. If
collection activities are necessary, you agree to pay to us any costs we may incur in collecting
the debt, including court costs, filing fees and a reasonable attorney's fee.
T ennination of Representation
Upon our notification, you may terminate our representation at any time, with or without
cause. As a result of such termination, upon your request, we will promptly return to you any
papers or property that you have given to us, subject to our rights, where permitted by applicable
rules ofprofessional conduct, to retain such papers or property as security for the payment of any
outstanding fees, costs or expenses. We will retain our own work-product pertaining to the case
for a reasonable period of time after such termination. Your termination of our services will not
affect your responsibility for payment of legal services rendered and costs and expenses incurred
before termination and in connection with an orderly transition of the matter.
We are subject to the rules of professional responsibility for the jurisdictions in which we
practice, which list several types of conduct or circumstances that require or allow us to
withdraw from representing a client, including for example: nonpayment of fees or costs,
misrepresentation of, or failure to disclose. material facts, action contrary to our advice, conflict
of interest with another client or, if in our judgment, any fact or circumstance would render our
continuing representation unlawful or unethical. If withdrawal ever becomes necessary, we will
take all reasonable measures to ensure a smooth transition to new counsel. Your signature on the
Legal Service Agreement accompanying this document constitutes your agreement not to contest
our motion to withdraw from any court or administrative proceeding in these circumstances.
-------..... --_ ..... -_.
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September 22, 2011
Consent Agenda Item No. 2i
Fire Station No. 6 Guaranteed Maximum Price
Construction Contract Change Order No. 1
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion on a deductive change order
in the amount of $104,648.00 to set the guaranteed maximum price to $5,895,352.00 for
the construction of the Fire Station No. 6 Project.
Relationship to Strategic Goals: I. Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s): Staff recommends approval of the change order.
Summary: On February 11, 2010, the City Council approved Staff’s recommendation to
utilize the Construction Manager at Risk (CMAR) alternative construction delivery method for
Fire Station No. 6. Also in February 2010, staff finalized the contract negotiations with the
architect, and on February 25, 2010 the City Council approved a design contract with BRW
Architects for design and construction administration services on the new station. Then, on
September 23, 2010 the City Council approved a CMAR contract with Bartlett Cocke for an
amount not to exceed $6,000,000, which was the Guaranteed Maximum Price (GMP) in the
Request for Proposal.
This item reduces the contract with the CMAR to a guaranteed maximum price reflecting
actual bids from subcontractors.
Budget & Financial Summary: The total budget for this project is $6,990,000. Assuming
this change order is approved; funds in the amount of $6,535,777.45 will have been
expended or committed to date leaving a project balance of $454,222.55.
Attachments:
1. Change Order No. 1
2. Location Map
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Fire Station No. 6
UNIVERSITY DR ET
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PEYTON STBANKS STC
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LIONS PARKLIONS PARK
Fire Station No. 6
Location Map
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September 22, 2011
Consent Agenda Item No. 2j
Annual Exemptions
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action and discussion to authorize expenditure of funds
for FY'12, items exempt from competitive bidding as described more fully in Texas Local
Government Code, Chapter 252.022; and other expenditures for interlocal contracts or fees
mandated by state law that are greater than $50,000.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the purchase requests as listed.
Summary: The following are purchases that are exempt from competitive bidding in accordance
with Local Government Code 252.022 (a) (7) (A); and other purchases greater than $50,000
available from one source.
The following purchase requests are available from only one source and thereby exempt from
competitive bidding in accordance with LGC 252.022 (a)(7) (A) Items that are available from only
one source because of patents, copyrights, secret processes, or other natural monopolies:
U.S. Postmaster (postage - IT/Mail) FY12-$70,000; FY11-$70,000
The following purchase requests are available from one source and thereby exempt from
competitive bidding in accordance with LGC 252.022 (a)(7) (D) captive replacement parts or
components for equipment, computer software and hardware maintenance and equipment lease
and maintenance:
Sungard Public Sector (H T E application maintenance) FY12-$170,000; FY11-
$164,200
EnRoute Emergency System LLC (formerly GEAC) (application software
upgrade/maintenance - Public Safety System) FY12-$152,000; FY11-$145,540
The following purchase requests are considered professional services and thereby exempt from
competitive bidding in accordance with LGC 252.022 (a)(4) procurement for personal, professional,
or planning services:
CME (geotechnical and construction testing services) FY12-$65,000; FY11-$65,000
Terracon (geotechnical and construction testing services) FY12-$65,000; FY11-
$65,000
Joe Orr Surveying (land surveying) FY12-$125,000; FY11-$100,000
Duncan, Weinberg, Miller & Pembroke (Electric legal services related to Entergy
transmission tie in): FY12-$60,000; FY11-$75,000
Bickerstaff, Heath, Delgado, Acosta (Electric legal services related transmission cost
of service filings with PUCT): FY12-$60,000
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The following purchases are available from one source and thereby exempt from competitive
bidding in accordance with LGC 252.022 (a) (7) (c) gas, water, and other utility service.
City of Bryan (utilities for Wells and Pump Station) FY12-$1,300,000; FY11-
$1,200,000
Verizon (local phone services) FY12-$100,000; FY11-$100,000
Entergy (Well 8 electrical power) FY12-$100,000; FY11=$100,000
The following purchases are made pursuant to interlocal agreements with various agencies:
ILA with Brazos Valley Solid Waste Management Agency, Inc.:
BVSWMA (landfill disposal fees) FY12-$1,322,185
ILA with City of Bryan for Library services:
Bryan Public Library (operational expenses for CS Public Library) FY12-$1,014,480;
FY11-$1,006,905
ILA with Brazos Valley Wide Area Communications System:
BV Council of Governments (managing entity for BVWACS) FY12-$196,876; FY11-
$118,578
Collaborative Agreement between Texas A&M University and nine other entities for Brazos
Valley Community Network (BVCNet) Project:
Texas A&M University FY12-$13,000; FY11-$13,000
ILA with Brazos County, City of Bryan and Texas A&M University for the Community
Emergency Operations Center (CEOC) Lease,
City of Bryan FY12-$59,115; FY11-$57,672
ILA with the Texas Procurement and Support Services (State Contract):
AT&T Wireless (DIR)(wireless phone/data) FY12-$100,000; FY11-$100,000
ILA with the Texas Procurement and Support Services (State Contract):
Grainger (Maintenance, Repair, and Operational Supplies) FY12-$75,000
ILA with Purchasing Solutions Alliance (Program of BVCOG)
Office Max (office supplies) FY12-$75,000; FY11-$85,000
The following purchase requests are for mandated state fees:
TCEQ (inspections/assessments, permitting fees - W/WW) FY12-$135,000; FY11-
$135,000
BV Groundwater Conservation District: FY12-$225,000; FY11-$200,000
Texas Workforce Commission (unemployment claims) FY12-$60,000; FY11-$50,000
Budget & Financial Summary: Funds are either available and budgeted for each of the listed
purchase requests in the fiscal year 2011-2012 budget in various funds of the City or if necessary
will be made available by proposing an appropriate budget amendment or contingency transfer.
Attachments: None
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September 22, 2011
Consent Agenda Item No. 2k
Lick Creek Wastewater Treatment Plant Miscellaneous Improvements
Professional Services Contract Change Order
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding a change order to
the professional services contract with HDR, Inc. (Contract # 10-152) in the amount of
$76,670 for the Lick Creek Wastewater Treatment Plant Miscellaneous Improvements
Project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure
Recommendation(s): Staff recommends approval of this change order.
Summary: Contract 10-152 was awarded to HDR Engineers in April 2010 to provide
engineering design services for the Lick Creek Miscellaneous Improvements project
consisting of:
· Return activated sludge improvements.
· Waste sludge holding tank improvements
· Process control improvements
· Clarifier catwalks
· Dewatered sludge conveyance system
· Influent pump station guide rails
Due to recent equipment failures, staff has requested one more item be added to this
contract, namely the addition of a new centrifuge (A centrifuge reduces the amount of water
in the sewage sludge prior to disposal). The existing centrifuge has presented staff with
numerous maintenance challenges, and excessive down time has added significant
operational costs.
On August 25, 2011, City Council approved a Budget Amendment for a capital improvement
project to add a new centrifuge at the Lick Creek WWTP. The new centrifuge will serve as
the primary centrifuge for Lick Creek Wastewater Treatment Plant, and the existing
centrifuge will be kept and used as a backup for redundancy, and to prolong the service life
of the capital investment.
Staff recommends this change order be approved. It is more cost effective to design and
install this centrifuge as part of the overall project to make improvements to the Lick Creek
Wastewater Treatment Plant. Additionally, with only one design firm and one construction
contractor the contract administration and accountability will be much easier for staff to
manage.
Budget & Financial Summary: Funds in the amount of $2,867,500 are currently budget
for these projects in the Wastewater Capital Improvement Projects Fund. Funds in the
amount of $280,365 have been expended or committed to date, leaving a balance of
$2,587,135 for this change order and future construction costs.
Attachments:
1. Change Order
2. Project Location Map
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September 22, 2011
Consent Agenda Item No. 2L
Ratification of Carters Creek Centrifuge Repairs
and Approval of a Contingency Transfer
To: David Neeley, City Manager
From: David Coleman, Water Services Director
Agenda Caption: Presentation, possible action, and discussion regarding ratification of
an increase in PO 110969 to a new total of $54,823 for repairs to the Carters Creek
centrifuge, and approval of a contingency transfer from the Wastewater Operating Fund in
the amount of $28,745.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure
Recommendation: Staff recommends approval of this ratification and approval of the
contingency transfer.
Summary: The wastewater treatment process removes solids from the water, and the
centrifuge is required to further de-water the sludge for more efficient treatment and
disposal. The centrifuge at the Carters Creek treatment plant has been in service since
1985 and though it has been repaired many times, it has provided excellent service. We do
not have a back-up centrifuge, so we must minimize the time it is down for repairs.
Recently, the centrifuge was due for periodic repairs, which was estimated to cost $24,987.
However, upon disassembly, an additional $29,386 in repair needs was discovered,
increasing the total cost to $54,823. The Purchase Order was originally approved under the
City Manager’s authority and since delaying the start of repairs would threaten our ability to
fully comply with our discharge permit, the decision was made to proceed with the
additional repairs and seek ratification of this increase.
The centrifuge is currently in the shop in Houston, due for delivery back to Carters Creek on
September 27th. Since timely repair of this critical equipment is essential for proper
wastewater treatment, staff recommends approval of the ratification.
Budget & Financial Summary: The original contract amount for this repair has been
accounted for in the Wastewater Operating Fund budget. If approved, an amount of
$28,745 will be transferred from contingency to cover the majority of the additional needed
budget. This will deplete the contingency budget available in this fund for FY11, but will
allow for the work to be done in order to stay in compliance with permitting requirements.
Contingency transfers greater than $15,000 must be approved by Council.
Attachments:
Revised Repair Quote
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Doug Wallace
City of College Station
8/18/11
Repair of PM75000 Rotating Assy. with gearbox S/N 84-PM75000-149
RH371104
Our report describing the condition of this equipment and advising the cost to repair is attached for your
review. Items marked as "Discovery" are those recommended repairs that were realized during the
inspection of the equipment and are in addition to Tom Cegielski's original proposal.
At the end of this document you will find a work authorization form for your execution and return. If you
have any questions, please do not hesitate to call me at 713-934-3166.
Regards,
Tom Cegielski
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REPAIR SUMMARY
PM75000 Rotating Assy. with gearbox S/N 84-PM75000-149; RH371104
A/L ref.: 414054
Your ref.: 110969
ASSESSMENT
Your Rotating Assembly and Gearbox have been received. The Rotating Assembly has been
disassembled, cleaned and inspected to determine their present condition. Based on current OEM
dimensions and standards, we recommend the following repairs.
BASIC REPAIR
• At the Alfa Laval Houston Service Center the Rotating Assembly will be Disassembled,
Cleaned and dimensionally inspected.
• Inspect gearbox pinion for oil leak.Drain Oil in Gearbox and inspect for contamination
• Remove end cover & pull stage to confirm there is no internal damage. If no issues are
Found on gearbox re-install stage and end cover
• Replace up to 10 conveyor tile assemblies
• The Conveyor is assembled and computer balanced to OEM specifcations
• Replace all Bearings, Seals, and o-rings in Rotating Assembly
• Re-Assemble Rotating Assembly
• Fill gearbox to proper operating level with your choice of either our recommended synthetic
or petroleum based oil.
• Balance and Test Rotating Assembly with gearbox in Shop PM75000 Frame
2mm p/p
4 hour test run
Paint Rotating Assembly and Gearbox
• Written Inspection Report
Component and Abrasion Protection Evaluation
Vibration analysis
• 90 day Warranty
On arrival machine had a large amount of product in it and appeared to not have
Been flushed properly prior to remove from customer’s frame
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Conveyor:
- 23 tiles damaged
Slight damage to pilot bore for tension bar
Slight wear to backer plates of tiles but acceptable at this time
Slight damage to hardsurfacing on flight supports in feed zone but acceptable at this time
- Replace 23 tiles *13 tiles Discovery
Polish pilot bore for tension bar
Damaged Tile
Accelerator:
- Conveyor pilot diameter undersize
Feed zone pilot diameter undersize
Slight wear in I.D.
- Weld & machine conveyor pilot diameter to specifications *Discovery
Machine feed zone pilot diameter to specifications *Discovery
Re-hardsurface I.D. *Discovery
Feed Zone Liner:
- Slight wear at 4 nozzle ports
Conveyor pilot diameter slight undersize
- Weld & machine wear at 4 nozzle ports
Weld & machine conveyor pilot diameter to specifications
Weld & machine other diameter as needed
Hardsurface I.D., angle & 4 port holes
Nozzle Set (Straight through(:
- Slight wear to all bodies
- Use as is turning worn area away from product flow when installing
Tension Bar:
- Slight damage to conveyor pilot diameter
Slight etching to conveyor bearing diameter
Slight damage to pulley bearing diameter
Slight wear to conveyor seal diameter
- Weld & machine conveyor pilot diameter to specifications
Chrome & grind conveyor bearing diameter to specifications *Discovery
Chrome & grind pulley bearing diameter to specifications *Discovery
Grind conveyor seal diameter to minimum to remove seal wear *Discovery
Re-grind balance bands
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Spline Bushing:
- Slight damage to spline hub near split ring area
Slight pitting to splines
Brass ring damaged
Slight damage throughout
- Replace brass ring *Discovery
Deburr & polish as needed
Note: Part has limited life and may require replacement in the future
Front Conveyor Seal Holder:
- Slight contact damage near seal area
Slight damage throughout part
Heavy damage on outboard face
- Deburr & polish area near seal diameter
Deburr & polish rest of part as needed
Rear Hub:
- Slight wear in at hub discharge area
Slight wear to casing seal diameter
Slight pitting near inboard pulley diameter but acceptable at this time
- Weld & machine wear at discharge area *Discovery
Weld & machine extension pilot diameter to specifications *Discovery
Chrome & grind casing seal diameter to specifications *Discovery
Rear Conveyor Bearing Seal Holder:
- Seal bore worn
Slight damage throughout part
- Chrome & grind seal bore to specifications *Discovery
Deburr & polish as needed
Front Hub:
- Bearing spun on pillow block bearing diameter & diameter undersize
Slight wear to casing seal diameter
Slight wear a plate dam ports
Slight hammer marks at noise ring pilot & throughout part
- Chrome & grind pillow block bearing diameter to specifications*Discovery
Chrome & grind casing seal diameter to specifications *Discovery
Weld & grind plate wear at plate dam ports *Discovery
Deburr & polish noise ring pilot diameter
Plate Dam:
- Slight damage
- Straighten plate dams
Plate Dam Retainer:
- Moderate wear
- Weld & grind to repair wear as deemed possible *Discovery
Front Conveyor Hub:
- Slight damage
- Deburr & polish as needed
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Front Conveyor Hub Sleeve:
- Seal diameter worn
- Chrome & grind seal diameter to specifications *Discovery
Seal diameter worn
Extension:
- Slight wear in 45 area at hub pilot diameter
Slight wear to hardsurfacing O.D. of lugs
1 wear sleeve broken moderate wear to 7
Grooves in I.D. with minimal depth
- Weld & machine wear at 45 area *Discovery
Weld & machine hub pilot diameter to specifications *Discovery
Strip & re-hardsurface O.D. of lugs *Discovery
Replace 1 wear sleeve re-glueing all using PC-7 adhesive turning in direction of wear*Discovery
Apply metal filler to grooves on I.D. *Discovery
Wear in 45 area
Bowl Wear Ring:
- Old style non-tiled wear ring
Slight wear on face & to hardsurfacing
- Re-hardsurface face & O.D. & use as is *Discovery
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Bowl Shell:
- Moderate damaged on O.D. of bowl shell
Front hub pilot bore undersize
- Weld & machine pilot diameter to specifications *Discovery
Bowl Liner:
- 1 caulk strip damaged
- Repair 1 caulk strip, check all welds & repair as needed *Discovery
Bowl Seal Holder:
- Moderate corrosion to one
- Apply metal filler to one & machine to specifications *Discovery
Noise Rings:
- Slight damage on large end ring
- Deburr & polish large end ring
Seal Rings
- Slight damage on 1 ring
- Deburr & polish 1 ring
Pillow Blocks:
- Slight damage to alignment holes but acceptable at this time
- Use as is
Pillow Block Covers:
- Oiler alignment pin bent on small end inboard cover
Slight damage to all covers
- Straighten oiler pin on small end inboard cover
Deburr & polish all covers
Flingers:
- Acceptable
- Use as is
Gearbox Adaptor:
- Slight corrosion on I.D.
Slight damage to jacking screw holes for hub
- Deburr/polish to remove surface corrosion & damage
Re-tap all jacking screws for from hub
Pulley:
- Slight damage throughout part
Slight damage to threads for grease fitting
- Deburr & polish throughout
Re-tap threads for grease fitting as needed
Rear Bowl Hub Nut:
- Slight damage
- Deburr & polish
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Pulley Seal Holder:
- Acceptable
- Use as is
Tension Bar Nut:
- Slight polishing seal diameter but acceptable at this time
Slight corrosion
- Polish to remove corrosion
Feed Tube:
- Not sent
Lubrication System:
- Acceptable
- Use as is
Spline Shaft:
- Moderate corrosion at splines for spline bushing
Slight damage near spline bushing splines
- Deburr & polish to remove damage near spline bushing splines
Note: Part has limited life and may require replacement in the future
Gearbox
- Oil drained & inspected for contamination, appears to be acceptable
- Stage removed & internals visually inspected for damage, appear to be acceptable
Fill gearbox with natural oil 9CH35B to proper operating level & test run with
Rotating assembly
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PM75000 Rotating Assy. with gearbox S/N 84-PM75000-149; RH371104
A/L ref.: 414054
Your ref.:110969
Standard Pre-Estimated Parts
Part# Description Qty
7FC70P O RING 1 4
9CE15 FITTING 1
7FE35BA O RING 1
7FC62BA O-RING 1
11BC68 BEARING 1
11BB16 BEARING 1
7FC64P O RING 1
7BA199 SEAL 2
7BA207 SEAL 2
3DAJ15A PLUG 3
11BC33 BEARING 1
PC10459-1 SPACER, 1
7FK24AT QUAD RING 1
1DAA61A2 SCREW 3
1DAA59A1 SCREW 3
1BHA63A SCREW 12
1BHA43A SCREW 8
1BGA79A SCREW 8
11BC61 BEARING 1
PC15445-2 SPACER 1
PC15575-1 RING, CASING SEAL 2
1BR67A SCREW 4
PC15939-1 BUSHING, 1
7FC57BA O-RING 1
PC18080-2 SEAL, BOWL HUB 2
9CE44 FITTING 1
1DAE2 SCREW 1
1DAB6B2 SCREW 3
7FE28BA O RING 2
7FD16BA O RING 8
1BGA54B SCREW 24
PC14900-1 GASKET 6
7FG31BA O RING 2
7FC61BA O RING 1
7FC62BA O-RING 1
11BC79 BEARING 1
12AB45 SPRING,BELLEVILLE 2
7BA338 SEAL 1
7FG28BA O RING 1
6124004282 CONVEYOR TILE 10
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Discovery Parts
Part# Description Qty
1BHA63A SCREW 8
1BGA71B SCREW 6
1BHA63B SCREW 12
1BR25B SCREW 16
PC14312-1 WEAR SLEEVE 1
1BR45B SCREW 12
6124004282 CONVEYOR TILE 13
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AUTHORIZATION TO REPAIR
PM75000 Rotating Assy. with gearbox S/N 84-PM75000-149; RH371104
A/L ref.: 414054
Your ref.:110969
The total charge for parts, labor and expenses associated with this repair is:
Pre- Estimated Price $24,987.00
Additional Discovery Repairs $29,386.00
Freight $450.00
Total Repair with Freight $54,823.00
Above Price does not include applicable taxes
This repair has an estimated completion time of 5 weeks, after receipt of order.
Validity: 30
Payment Terms: NET 30 DAYS
Warranty:
Terms and conditions attached.
Please execute the work authorization below and fax it to the number shown below. The equipment not
approved for repair is subject to a service charge to cover the cost of disassembly, cleaning, inspection,
quoting and repackaging. On occasion, more extensive damage is revealed during the course of the repair,
in which case you will be contacted and advised of the possible impact to delivery and pricing.
WORK AUTHORIZATION:
Signing below is an authorization to proceed with the work described in the accompanying quotation.
Authorized Signature: __________________________________________________
Date: ________________________________________________________________
Purchase order or Work order #: _________________________________________
-> Fax to the attention of Tom Cegielski at +1 713-896-9892
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September 22, 2011
Regular Agenda Item No. 1
Rock Prairie Road Bridge Improvements
Public Hearing
Project Number ST1118
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Public Hearing, presentation, possible action and discussion concerning
approval of a professional services contract for the Improvements to the Rock Prairie Road
Bridge.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure. Goal IV, Improving Multimodal Transportation.
Recommendation(s): Staff recommends approval of the professional services contract.
Summary: The scope of the Rock Prairie Road Bridge Improvements project is for
environmental clearance, design, bidding, and construction administration for the
improvements to the existing bridge over State Highway 6. Kimley-Horn and Associates,
Inc. prepared a traffic study of the Rock Prairie Road Corridor earlier this year to collect
traffic data and make infrastructure improvement recommendations to alleviate existing
traffic congestion. The corridor limits were generally bounded by Normand Drive to the
west, Ponderosa Road to the north, Graham Road to the south, and Stonebrook Drive to the
east. The report concluded that the Rock Prairie Road Bridge will be operating at an
unacceptable Level of Service by 2016 if the bridge is not expanded.
The Bryan-College Station Metropolitan Planning Organization (BCSMPO) identified this
project as the number one priority project in their Metropolitan Transportation Plan. The
BCSMPO received $4.6 million in State Proposition 12 funds from TxDOT. The BCSMPO
voted to allocate those funds toward the construction of the Rock Prairie Road Bridge. As a
condition, the City is responsible for funding the engineering design and environmental work
on this project and TxDOT will manage the construction of the project. The City is obligated
to deliver final plans and specifications including environmental clearance by April of 2013.
Budget & Financial Summary: The contract amount for engineering is not to exceed
$452,900.00. This project was not included in the FY11 Approved Budget because the
project was not defined when the FY11 Approved Budget was developed. Budget for the
project in the amount of $567,000 has been transferred from the Barron Road Widening
Phase II project since that project is expected to cost significantly less than the amount
authorized as part of the 2008 General Obligation Bond election. 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 project. This debt is scheduled
to be issued next fiscal year.
Attachments:
1.) Location Map
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September 22, 2011
Regular Agenda Item No. 2
Fiscal Year 2011 - 2012 Budget Adoption
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director, Business Services
Agenda Caption: Presentation, possible action, and discussion on an ordinance adopting
the City of College Station 2011-2012 Budget; and presentation, possible action and
discussion ratifying the property tax revenue increase reflected in the budget.
Recommendation(s): Staff recommends the City Council approve the ordinance adopting
the proposed 2011-2012 budget with any changes the Council wishes to include. A
summary of changes the City Council has discussed will be presented to the Council for
consideration.
Staff also recommends the City Council ratify the property tax revenue increase reflected in
the budget.
Summary: There are two actions in this agenda item.
First is the consideration of the 2011 - 2012 proposed budget. The City Council received
the proposed budget on August 11th, 2011 and held budget workshops on August 15th,
August 16th, August 17th, and August 18th. The City Council held a public hearing on the
proposed budget on September 8th. The charter requires that the City Council adopt a
budget no later than September 27th.
The City Council will need to include any proposed revisions to the budget in the motion to
adopt the budget.
The second action is ratification of the property tax revenue increase reflected in the
budget. This action is required due to recently enacted legislation. House Bill 3195 amends
the local government code to say the following:
"(c) Adoption of a budget that will require raising more revenue from property
taxes than in the previous year requires a separate vote of the governing
body to ratify the property tax increase reflected in the budget. A vote under
this subsection is in addition to and separate from the vote to adopt the
budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or
other law."
The proposed budget will result in additional property tax revenues over last year totaling
$738,343, or 3%, and of that amount $646,832 is tax revenue to be raised from new
property added to the tax roll this year.
The proposed tax rate is $0.437995 per $100 assessed valuation which is the effective tax
rate.
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Budgetary and Financial Summary: The following is an overall summary of the proposed
budget.
Subtotal Operation and Maintenance: $209,313,406
Subtotal Capital: 37,349,793
Total Proposed Budget: $246,663,199
Attachments:
1. FY 12 Budget Ordinance
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September 22, 2011
Regular Agenda Item No. 3
Ad Valorem Tax Rate Adoption
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director, Business Services
Agenda Caption: Presentation, possible action, and discussion on approval of an
ordinance adopting the City of College Station 2011-2012 ad valorem tax rate of $0.437995
per $100 assessed valuation, the debt service portion being $0.201536 per $100 assessed
valuation and the operations and maintenance portion being $0.236459 per $100 assessed
valuation.
Recommendation(s): Adopt proposed tax rate of $0.437995 per $100 assessed
valuation.
Summary: On August 18th, the City Council discussed the tax rate and decided not to
consider a rate higher than the effective rate of $0.437995. As a result, no additional public
hearings or notices were required. The highest tax rate the City Council can consider is the
effective tax rate of $0.437995.
The tax rate must be adopted as two separate components – one for Maintenance and
Operations and one for debt service.
The effective tax rate of $0.437995 per $100 assessed valuation was used to prepare the
proposed budget. If the City Council adopts a tax rate lower than the effective rate, the
budget will have to be amended and reduced.
Budgetary and Financial Summary: The effective tax rate of $0.437995 per $100
assessed valuation will generate approximately $25 million. The property taxes are used to
fund the general debt service of the City as well as a portion of the operations and
maintenance costs of the General Fund.
Attachments:
1. Tax Rate Ordinance - $0.437995 per $100 assessed valuation
$0.236459 M&O
$0.201536 Debt Service
$0.437995 Total Tax Rate
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September 22, 2011
Regular Agenda Item No. 4
Wastewater Utility Rate Increases
To: David Neeley, City Manager
From: Dave Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding an ordinance
amending Chapter 11, "Utilities" Section 2, "Water and Sewer Services," of the Code of
Ordinances of the City of College Station, Texas having the effect of raising rates for
wastewater service, with effective date of January 1, 2012.
Relationship to Strategic Goals: Financially sustainable city providing response to core
services and infrastructure.
Recommendation: Staff recommends approval of the ordinance.
Summary: The attached ordinance implements the sewer rates discussed with Council at
the August 15, 2011 Budget Workshop, and will generate the revenue required for the FY-
12 Budget that is being considered by City Council today. The proposed rates will increase
the Service Charges and Usage Charges as follows:
Sewer Service Fees and Volume Rates: 5% increase effective January 1, 2012
This rate increase is required to keep up with the increased cost of operating the
wastewater systems. In addition to general inflation and increased operating costs, funds
are required to support the capital requirements described in the Wastewater Master Plan
that was approved by City Council on June 23, 2011.
A service fee of $50 has been added, to be applied in cases of non-payment, when a College
Station sewer customer is on Wellborn water, and we must have Wellborn SUD disconnect
their water service in order to get their sewer account brought up to date. The Wellborn
water service will not be restored until the $50 fee and back charges are paid. The Inter-
Local agreement with Wellborn SUD to enable this arrangement was approved by City
Council on June 9th, 2011 and this Ordinance will enable the City to collect the fee that is
then paid to Wellborn SUD for disconnect services.
Budget & Financial Summary: The proposed rate increases are estimated to generate
approximately $12.7 million in sewer revenues. This increase is needed to continue
meeting financial policies and bond covenants.
Attachment:
Ordinance
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