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Home My WebLink About08/11/2011 - Workshop Agenda Packet - City CouncilTable of Contents Agenda 2 No. 3 - 2011 Legislative Session Update Coversheet revised 5 Legislative Update Memo 6 No. 4 - FY 12 Proposed Budget Presentation Coversheet revised 9 No. 5 - Construction Change Order for Southwood 5-7 Utility Rehabilitation Project Coversheet revised 10 Change Order 12 Location Map 15 No. 6 - Carters and Burton Creek Total Maximum Daily Load and Implementation Plan for Bacteria Coversheet revised 16 1 Mayor Council members Nancy Berry Blanche Brick Mayor Pro Tem Jess Fields Dave Ruesink Karl Mooney City Manager Katy-Marie Lyles David Neeley Julie Schultz Agenda College Station City Council Workshop Meeting Thursday, August 11, 2011 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1. Presentations and Recognitions of the: • Silver LEED award and staff recognition • Reliable Public Power Provider 2. Presentation, possible action, and discussion on items listed on the consent agenda. 3. Presentation, possible action, and discussion regarding a review of the 2011 Legislative Session by Jennifer Shelley Rodriguez. 4. Presentation, possible action, and discussion on the FY 2011-2012 Proposed Budget. 5. Presentation, possible action, and discussion regarding a change order to the construction contract with Elliot Construction (Contract # 11-003) in the amount of $369,796.00 for the Southwood 5-7 Utility Rehabilitation Project. 6. Presentation, possible action, and discussion regarding Carters and Burton Creek Total Maximum Daily Load (TMDL) and Implementation Plan (I-Plan) for Bacteria. 7. Council Calendar August 15 Update on CVB Tourism Consulting Report/Meeting at 9:30 a.m. August 15 IGC Meeting at BVCOG, 12:00 p.m. August 15-18 Budget Workshop Meetings in Council Chambers at 3:00 p.m. August 18 Planning & Zoning Commission Meeting in Council Chambers at 6:00 p.m. August 25 City Council Budget/Workshop/Regular Meeting at 3:00 p.m. & 7:00 p.m. 8. Presentation, possible action, and discussion on future agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 2 Page | 2 City Council Workshop Meeting Thursday, August 11, 2011 9. 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, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). 10. Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: Litigation a. 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 b. Clancey v. College Station, Glenn Brown and Kathy Merrill, Civil Action No. 09-CV-01480 c. Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-CV361 d. Chavers et al v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case No. 10 CV- 3922 e. College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023 f. Ongoing criminal investigation of municipal court missing funds Legal Advice a. Legal issues regarding possible revenue sharing and legislation in bio-corridor b. Legal issues related to compliance with Senate Bill 100 Personnel {Gov’t Code Section 551.074}; possible action - The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. Planning and Zoning Commission b. Zoning Board of Adjustments c. Parks and Recreation Board 11. Adjourn. 3 Page | 3 City Council Workshop Meeting Thursday, August 11, 2011 APPROVED: ___________________________________________ City Manager Notice is hereby given that a Workshop Meeting of the City Council of the City of College Station, Texas will be held on the 11th day of August, 2011 at 3:00 pm in the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this 5th day of August, 2011 at 5:00 pm ___________________________________________ City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on August 5, 2011 at 5:00 pm 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 board at the College Station City Hall on the following date and time: _______________________ by ___________________________. Dated this _____day of _______________, 2011. CITY OF COLLEGE STATION, TEXAS By____________________________________ Subscribed and sworn to before me on this the ______day of _________________, ___________________Notary Public – Brazos County, Texas My commission expires:________ This 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. 4 August 11, 2011 Workshop Agenda Item No. 3 2011 Legislative Session Update To: David Neeley, City Manager From: Jason Stuebe, Assistant to the City Manager Agenda Caption: Presentation, possible action, and discussion regarding a review of the 2011 Legislative Session by Jennifer Shelley Rodriguez. Recommendation: Staff recommends that the Council receive the presentation. Summary: The Law Office of Dan Shelley was retained five years ago as the City’s state legislative lobbyist. Jennifer Shelley Rodriguez will present an update to the Council on the recently completed legislative session and discuss municipal related legislation that will impact the City and address any questions from the Council. Budget & Financial Summary: N/A Attachments: Legislative Update Memo 5 OFFICES OF DAN SHELLEY!AUGUST 11, 2011 !PAGE 1 By the Numbers 82nd Regular Session 5796!bills ﬁled 1377!bills passed 24 !bills vetoed Vetoed bills included a proposal that would have amended the Tax Code to clarify who is a retailer in Texas for purposes of collecting sales tax. House Bill 2403 is known as the “Amazon” bill around the Capitol. The language was eventually passed as part of Senate Bill 1 during the special session. Governor Perry also vetoed House Bill 242, a public safety bill that was amended in the ﬁnal days of session to include a statewide ban on the reading, writing or sending of a text message while operating a motor vehicle unless the vehicle is stopped. 82nd Texas Legislature CITY OF COLLEGE STATION UPDATE Legislature Wraps Up First Ca!ed Special Session Convenes the Fo!owing Day The Texas House and Senate adjourned Sine Die Monday, May 30th. However, the end of session celebrations were short lived as Governor Perry immediately called the Legislature into a special session to address the unﬁnished business of the regular session including ﬁscal matters related to school ﬁnance, congressional redistricting, healthcare costs, TWIA and sanctuary cities. Legislators ﬁled 114 bills during the special session. Eight bills were sent to and signed by Governor Perry. Although the Governor can call an unlimited number of special sessions, barring an unforeseen emergency, the Legislature is not likely to convene again until January 8, 2013. The lobby team actively worked on multiple issues on behalf of the City of College Station during the regular legislative session. Issues included proposals related to annexation, water, sales tax, elections, concealed handguns on college campuses, collective bargaining and employment law. Efforts included conferring with bill authors and committee members and their staffs to explain the City’s position on particular proposals, assisting representatives from the City with testimony and communicating with TML. Additionally, the lobby team monitored many other issues of interest to municipal government as directed by the City. 6 OFFICES OF DAN SHELLEY!AUGUST 11, 2011 !PAGE 2 ANNEXATION LAW Representative Fred Brown ﬁled several annexation related proposals in direct response to the City of College Station’s annexation of Wellborn. House Bill 107 would have required the City to obtain annexation approval from voters in an area to be annexed. House Bill 107 was heard in the House Land and Resource Management Committee (LARM) March 22nd. City staff offered testimony in opposition along with representatives from the City of Bryan and TML. The bill was voted out of committee, but languished in the Calendars Committee and did not move forward. There was no similar bill ﬁled in the Senate. Other annexation proposals also tracked and monitored included HB 524 and HB 3686, both by Representative Brown. House Bill 524 would have amended disannexation provisions of the Local Government Code. This bill was voted out of LARM, but died in the Local Calendars Committee. House Bill 3686, ﬁled late, did not receive a hearing in County Affairs. It would have allowed Wellborn to incorporate. WATER The lobby team worked with representatives of the City, including Dave Coleman, to monitor several water related proposals during session. Senate Bill 332 by Senator Troy Fraser (R-Horseshoe Bay), the omnibus groundwater rights bill, was the most signiﬁcant of the water bills ﬁled. After lengthy debate in both chambers and many amendments, this bill was passed and ultimately signed into law by Governor Perry. Early on during the legislative session, the lobby team worked with Mr. Coleman and his counterparts in Bryan to coordinate a meeting with committee staff from Senate Natural Resources to explain the City’s reliance on groundwater through the Brazos Valley Groundwater Conservation District. Mr. Coleman suggested changes to the bill that were ultimately considered and reﬂected in the ﬁnal wording of the proposal. The City also sought the lobby team’s assistance to convey opposition to HB 3273, related to a funding plan for state water projects. This bill would have increased the City’s water rate, but not guaranteed a reciprocal return in the area for water projects. This bill ultimately died in the Calendars Committee, but could return in a future legislative session. CONCEALED HANDGUNS ON COLLEGE CAMPUSES Senator Jeff Wentworth (R-San Antonio) attempted all session to pass SB 354. This bill would have allowed a license holder of a concealed handgun to carry the gun on a college campus. It would have prohibited a higher education institution from adopting rules otherwise. It was voted out of Senate Criminal Justice, but failed to receive the required votes to suspend the rules and debate it on the Senate Floor. However, Senator Wentworth successfully attached the proposal to a few other bills as amendments before the amendments were ultimately stripped. College administrators from around the State worked against this bill. The lobby team monitored this bill on behalf of the City and its interest in Texas A&M University and other institutions of higher education in the area. ELECTIONS Senate Bill 100, along with SB 14 (voter ID) is the bill with the most signiﬁcant impact on local officials who administer elections. The original intent of this proposal was to address voting procedures necessary for the implementation of the Military and Overseas Voter Empowerment Act (MOVE ACT). However, amendments related to the primary run-off election date were included in the ﬁnal version. The lobby team monitored this bill throughout the session for the City. It moves the primary runoff election date to the fourth Tuesday in May. The result is a likely shortage of voting machines in even numbered years for cities who contract with counties to conduct municipal elections. Many cities will be forced to move their even numbered year elections from May to November to accommodate the voting machine shortage issue. SALES TAX EXEMPTIONS The lobby team monitored several proposals related to extending or expanding current sales tax exemptions and, in contrast, eliminating other sales tax exemptions in current law. (continued on next page) 7 OFFICES OF DAN SHELLEY!AUGUST 11, 2011 !PAGE 3 Voter ID !The legislative item that clogged up the House during the 2009 session secured passage relatively early during the 2011 session, though not without heated opposition from Democrats. Senate Bill 14, Voter ID, was signed into law by Governor Perry May 27th. As a result, voters must show a state- issued ID in order to cast a ballot. Sonograms ! Governor Perry signed HB 15 into law May 15th. This law requires a woman to have a sonogram not less than 24 hours in advance of an abortion. She must also be told about the development of the fetus. Sanctuary Cities !There were proposals ﬁled during the regular and special session aimed to abolish “sanctuary cities”, or those in which the police are prohibited from questioning an arrested person about his or her citizenship status. The bills ﬁled would have barred local governments from enacting these types of policies. This proposal did not pass. Federal Balanced Budget ! The Legislature forwarded Governor Perry HCR 18, calling on Congress to adopt an amendment to the United States Constitution mandating a federal balanced budget. Governor Perry signed this resolution June 17th. Loser Pay Tort Reform ! Governor Perry signed HB 274 into law May 30th. This legislation says that a plaintiff must pay the winning party’s legal fees if their complaint is judged to be groundless. Eminent Domain !On May 19th, Governor Perry signed SB 18, limiting the use of eminent domain by governments. It requires a governmental entity to make both a written initial and ﬁnal offer and provide a written appraisal to a property owner as part of the process. (continued from page 2) Senator Judith Zaffirini (D-Laredo) ﬁled SB 52 which would have exempted college textbooks from the sales tax for a speciﬁed period of time. The City’s opposition to this biannually ﬁled proposal was conveyed to the bill author and committee members early on during session. It was left pending in Senate Finance. Similar measures ﬁled in the House did not receive a hearing in the Ways and Means Committee. 2011 ELECTION CALENDAR September 7 Deadline to ﬁle for House District 14 Special Election October 11 Last day to register to vote for November 8th Election October 24 Early voting for November 8th Election date begins November 4! Last day of early voting November 8 Uniform Election Date including Special Election for HD 14 GOVERNOR’S EMERGENCY ITEMS OF THE 82ND TEXAS LEGISLATURE 2012-2013 State Budget $172.3 billion 8 August 11, 2011 Workshop Agenda Item No. 4 FY 12 Proposed Budget Presentation To: David Neeley, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on the FY 2011-2012 Proposed Budget. Recommendation(s): Staff recommends the Council receive the FY 12 Proposed Budget presentation. Summary: Staff will present an overview of the City of College Station 2011-2012 Proposed Budget. The City’s charter says the City Manager will prepare and submit a proposed budget to the City Council no later than 30 days prior to the end of the fiscal year. The budget is being presented on August 11th. The calendar for the budget process includes a public hearing on September 8. Adoption of the Budget is scheduled for September 13. According to the charter, final action on the Proposed Budget must take place on or before September 27. Budget workshop meetings are scheduled for August 15th, August 16th, August 17th and August 18th to review the proposed budget. Several areas will be discussed including a review of the Fiscal and Budgetary Policies, a review of all funds, the proposed pay plan, tax rate options, outside agency funding, capital projects, utility rates, and other budget issues as needed. Budget & Financial Summary: The budget is discussed in detail in the Proposed Budget document. Attachments: 1. The Proposed Budget will be distributed under a separate cover. 9 August 11, 2011 Workshop Agenda Item No. 5 Construction Change Order for Southwood 5-7 Utility Rehabilitation Project To: David Neeley, City Manager From: Chuck Gilman, P.E., Public Works Director Agenda Caption: Presentation, possible action, and discussion regarding a construction change order for the Southwood 5-7 Utility Rehabilitation Project to Elliot Construction and Contract # 11-003 in the amount of $ 369,796.00. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure and Goal II.1 Preserving and restoring older neighborhoods. Recommendation(s): Staff recommends approval of this change order. Summary: The contractor brought to the City’s attention an error in quantities for oil related to the bid street repair method, seal coating. The bid sheet had underestimated the quantity of oil by a factor of ten, reading 709 gallons and not the required 7090. The scope of the project as bid, required all streets receiving multiple utility trenches would be repaired via a seal coat and all streets receiving a single trench would only be patched. In working with the contractor it was determined that an additional $45,441 would be required to seal coat the streets in the as per the original scope of the project. It was further estimated that if desired, it would take approximately an additional $99,533 to add the streets impacted by a single trench to the list of those to receive a seal coat. This additional cost would bring the cost to seal coat all streets impacted by the project to $226,584. Given this potential increase, the City and the design team examined the possibility of doing a mill & overlay on the streets impacted by the project. Milling approximately 6- feet from each curb line and subsequently resurfacing all the impacted roads with a 1.5-inch thick overlay was estimated to cost $332,722.50. The difference between pursuing the seal coat vs. the mill & overlay is $106,138.50. Direction was given to pursue the mill & overlay street repair option over the seal coat as originally scoped for the project. In order to successfully integrate the new street repair option into the project, consideration was given to Leona Drive and the unique situation presented with the future water line. A water line replacement for Leona Drive was originally scoped for the Southwood 5-7 Project but was removed in the early project development stages and transferred, at Council request, to the South Knoll-The Glade Utility Rehabilitation Project. At the time of the switch, it was anticipated that the South Knoll-The Glade project would be constructed first. The South Knoll-The Glade project is currently scheduled for construction in FY 12 and FY 13. To avoid doing a mill & overlay street repair to Leona only to require more construction on that street in approximately 9 months time, it was decided to transfer the Leona water line out of South Knoll-The Glade and return it to the Southwood 5-7 project for construction at this time. The estimated cost for this water line is $74,733. This addition of the Leona water line replacement to the scope coupled with the additional cost of the mill & overlay option yields a difference of $180,871.50 as the additional cost of the adding both items to the project scope vs. the seal coating of all impacted streets. 10 Other items included in this change order include quantity revisions for valves, fittings, pipe footage, service connections and manholes that have required field modifications due construction forces conditions that did not match the record drawings used for the basis of the design. Also included is additional boring of sewer service lines that was performed in consultation with the property owners and the project arborist to avoid obstacles and accommodate service reroutes due to conditions having changed on many properties since the design phase. Budget & Financial Summary: Funds for this project are currently budgeted in the Water and Wastewater Capital Improvement Projects Fund. The change order will result in additional expenditures of $126,336.83 for the for the Wastewater portion of this project where a balance of $309,175.66 is available. The change order will result in additional expenditures of $243,459.17 for the for the Water portion of this project where a balance of $264,147.99 is available. Attachments: 1. Change Order # 5 2. Project Location Map 11 12 13 14 H a rve y M itc h e ll P k w y S We l s h Av eNueces D r Balcones DrS o uth wo o d D r Ri o Grande Bl vdL a n gford St L a w y er St C a u d ill St H a in e s D rNavarro DrG uada lu pe DrSan Saba DrDe x t e r Dr S Boswell StAngelina C ir Bl a n c o Dr C halet C tT aur us C irJ Southwood 5-7 Utility Rehabilitation Project Location Map 15 August 11, 2011 Workshop Agenda Item No. 6 Carters and Burton Creek Total Maximum Daily Load and Implementation Plan for Bacteria To: David Neeley, City Manager From: David Coleman, Director of Water Services and Bob Cowell, Executive Director - Planning and Development Services Agenda Caption: Presentation, possible action, and discussion regarding Carters and Burton Creek Total Maximum Daily Load (TMDL) and Implementation Plan (I-Plan) Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation: N/A Summary: Pursuant to the Clean Water Act, the Environmental Protection Agency has worked with the Texas Commission on Environmental Quality to determine which waters in Texas do not meet water quality standards for their intended use. The list of these waters is known as the 303D list. There have been 271 impairments identified across the state, including Carters and Burton Creek Watersheds locally which have been placed on the 303D list due to elevated levels of eschericia Coli, indicating contamination with human or animal fecal matter. The impacted entities have the option of working with TCEQ through the voluntary Total Maximum Daily Load program or enrolling in a more formal program with EPA. Formulating an Implementation Plan in the Total Maximum Daily Load program results in that entity being removed from the 303D list for the five year life of the prgram, at which time the program can be updated for another five years. The two Cities, Brazos County, TAMU and TxDoT have worked with AgriLIFE and the Natural Resources Conservation Service (NCRS) to formulate an implementation plan. AgriLIFE is scheduled to submit the I-Plan to TCEQ on August 15th. The I-Plan recommended efforts that continue and dovetail with our existing Storm Water Management Plans (SWMP) for College Station as well as the other local entities. The I-Plan recommends continuing SWMP implementation and monitoring wastewater treatment plant effluent and the following general efforts: 1. Coordinate and expand existing Water Quality Monitoring 2. Explore Expanding Wildlife Tax Exemption Incentives 3. Improve On Site Sewage Facility Programs (OSSF) (Septic Systems) 4. Implement Sanitary Sewer Overflow (SSO) initiatives 5. Implement Voluntary Agricultural Best Management Practices 6. Establish development mechanisms to mitigate adverse water quality impacts Additional background, workgroups, maps, technical data, etc. is available at the AgriLIFE project website at: http://cartersandburton.tamu.edu/reports, and the TCEQ project website at: http://www.tceq.texas.gov/waterquality/tmdl/85-carterscreek.html. Budget & Financial Summary: N/A Attachment: N/A 16