HomeMy WebLinkAbout02/12/2009 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, February 12, 2009 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 6:30 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.
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 City Council workshop and regular meeting,
January 22, 2009.
b. Presentation, possible action, and discussion on a resolution amending the Custody Agreement between the
City and Bank of New York Mellon and to amend the authorized persons on the account.
c. Presentation, possible action, and discussion regarding Addendum 1 to the Service Agreement with
SunGard Mailing Services consenting to the assignment by SunGard Mailing Services to Pinnacle Data
Systems L.L.C. for Utility Bill Printing and Mailing services.
d. Presentation, possible action, and discussion to ratify a change order to the 2008 Blue Cross Blue Shield
purchase order 080370, in the amount $66,000.
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Thursday, February 12, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
e. Presentation, possible action, and discussion on the City of College Station 2009 Legislative Program.
f. Presentation, possible action, and discussion regarding a contract with Dan Shelley for state legislative and
consulting services in the amount of $48,000.
g. Presentation, possible action, and discussion regarding approval of Change Order #2, in the amount of
$281,903.50 to contract 07-229 with Brazos Valley Services, to adjust quantities for construction of the
parallel water transmission line.
h. Presentation, possible action, and discussion regarding approval of a Needs Resolution that will authorize
City staff to negotiate for the purchase of easements needed for the Koppe Bridge Lift Station project.
i. Presentation, possible action and discussion to approve an annual purchase order for disposal of heavy
brush at the City of Bryan Composting Facility. This item is exempt from competitive bidding as described
in Texas Local Government Code, Chapter 252.022.
j. Presentation, possible action, and discussion on consideration of an ordinance modifying Chapter 10,
“Traffic Code,” Section 2.D of the Code of Ordinances of the City of College Station by updating the Traffic
Control Device Inventory – Schedule III.
k. Presentation, possible action, and discussion on consideration of an ordinance modifying Chapter 10,
“Traffic Code,” Section 2.E of the Code of Ordinances of the City of College Station by updating the Traffic
Control Device Inventory – Schedule IV.
l. Presentation, possible action, and discussion regarding an Agreement for Services with the Brazos Valley
Softball Umpires Association to provide officiating services for City athletic leagues and programs (Contract
Number 09-085) in an amount not to exceed $128,980.00 per year.
m. Presentation, possible action, and discussion to authorize funds for professional legal services from
Coats Rose Ryman and Lee for litigation concerning the Weingarten Realty suit. Legal costs and expert
costs are estimated to be $650,000.
n. Presentation, possible action, and discussion rejecting proposals received for RFP #08-99 for design,
production and event management services related to a signature event for the City.
o. Presentation, possible action, and discussion rejecting proposals received from RFP #09-16 for property
management services at the Chimney Hill Shopping Center.
p. Presentation, possible action, and discussion regarding a resolution awarding a construction contract to
Jamail & Smith Construction, in the amount of $96,538.89, for the purchase of twenty-seven (27) and
installation of twenty-six (26) traffic control bollards in the Northgate District.
q. Presentation, possible action, and discussion concerning the City Internal Auditor's Purchasing Card
Follow-up Audit Report.
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Thursday, February 12, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
r. Presentation, possible action, and discussion concerning a resolution approving special warranty deeds
conveying one-half undivided interest to the City of Bryan in land acquired by condemnation for Twin Oaks
Landfill.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #2
amending ordinance number 3114 which will amend the budget for the 2008-2009 Fiscal Year and
authorizing amended expenditures in the amount of $614,535 and increase the number of regular full-
time positions in the budget by nine police officers; and presentation, possible action and discussion on
several contingency transfers.
2. Public hearing, presentation, possible action, and discussion on an ordinance rezoning 3.67 acres from
C-3, Light Commercial to PDD, Planned Development for the property located at 2849 Barron Road
generally located at the southeast corner of William D. Fitch Parkway and Barron Road
3. Public hearing, presentation, possible action, and discussion on a request to rezone 10.44 acres from A-
O ,Agricultural Open, to R-1, Single Family Residential, abutting Decatur Road next to Spring Creek
Townhomes
4. Public hearing, presentation, possible action, and discussion regarding a Comprehensive Plan
Amendment from Single-Family Residential Medium Density to Retail Regional for 5.79 acres for the
property located at 4074 State Highway 6 South (Secure Care Storage Facility).
5. Public hearing, presentation, possible action and discussion on a Comprehensive Land Use Plan
amendment from Industrial R&D to Residential Attached for 1.32 acres located at 300 Holleman Drive,
located next to the Verizon building near Lassie Lane.
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Thursday, February 12, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
6. Public hearing, presentation, possible action, and discussion on consideration of an ordinance amending
Chapter 10, “Traffic Code,” to restrict parking on the north side of Greens Prairie Road adjacent to
Forest Ridge Elementary School.
7. Presentation, possible action, and discussion regarding an exception to Policy to allow the Grey Wolf
Trail development to connect to the City sewer system.
8. Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of
College Station and the College Station ISD (CSISD) for the purchase and installation of fencing for the
joint City/School Parks at Pebble Creek and Jack and Dorothy Miller Parks.
9. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, February 12, 2009 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 9th day of February, 2009 at 2:00 p.m.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website,
www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on February 9, 2009 at 2:00 p.m. and remained so posted continuously for at least 72
hours preceeding 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 ________________, 2009 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2009.
______________________________
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Thursday, February 12, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
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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Mayor Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop & Regular Meeting
Thursday, January 22, 2009 at 3:00 pm and 7:00 pm
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Council members Maloney, Crompton, Massey, Ruesink, Stewart
COUNCIL ABSENT: Mayor Pro Tem McIlhaney
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley,
City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent
agenda.
No discussion was held.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding City-wide
Grounds Maintenance of Public Property, specifically related to Parks and Recreation, as requested by
Council at the August 28, 2008 meeting.
Director of Parks and Recreation Tony Cisneros presented a report on the City’s responsibility to maintain public
properties throughout the City. He displayed a GIS map of city maintenance properties and a sample grounds
maintenance bid tab.
Numerous discussion points were made about level of service. Council stated that additional data is necessary
before direction is given on this item.
Staff was directed to prepare a cost benefit analysis of private grounds maintenance services and internal
resources, as well as providing more companies the opportunity to bid. It was also noted that the HOA’s may be
interested in providing neighborhood park maintenance.
No official action was taken.
Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion regarding City Facility
Landscape and Streetscape Guidelines, as requested by Council at the August 28, 2008 meeting.
Director of Parks and Recreation Tony Cisneros provided this presentation in response to Council’s request at the
August 28, 2008 meeting. He presented a summary of the proposed guidelines for the development and
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City Council Workshop & Regular Minutes
Thursday, January 22, 2009
redevelopment of city facility landscape and streetscapes. Parks and Recreation Advisory Board voted
unanimously to recommend approval of these guidelines.
Council directed staff to move forward if cost were feasible.
No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action and discussion regarding the Expansion of
College Station Utilities’ Underground Electric System.
Director of Electric Utilities David Massey and Assistant Director Tim Crabb presented an overview of past,
present, and proposed underground locations of electric power lines within the City’s Electric service territory.
Specific discussion related to power lines along thoroughfares, high-profile areas, and power lines within
residential and commercial developments.
Council requested additional information. For example; special rate class and other ratios in Texas.
No formal action was taken.
Workshop Agenda Item No. 5 -- Council Calendar
Council reviewed activity calendar.
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion on future agenda items: A
Council Member may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a
proposal to place the subject on an agenda for a subsequent meeting.
Council member Maloney inquired about the process for designation of County Commissioner Precincts.
City Manager Glenn Brown reported on the city’s involvement in the 2010 Census activity.
Workshop Agenda Item No. 7 -- Discussion, review and possible action regarding the following meetings:
Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council
of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning
Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board,
Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning
Board of Adjustments, BVSWMA, (Notice of Agendas posted on City Hall bulletin board).
Council member Massey – IGC meeting & the RVP gave an update on the Innovation center.
Council member Maloney – Transportation meeting.
Council member Ruesink – reported on the CVB meeting and the Sister’s Cities meeting. He requested a
proclamation for visiting delegates from Sister City Kazan Russia.
Mayor White – reported on Metropolitan Planning Organization meeting and Wolf Pen Creek TIF Board.
______________________________________
At 5:10 pm Mayor White announced that the City Council would convene into executive session pursuant to
Section 551.071 of the Open Meetings Act to seek the advice of our city attorney.
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City Council Workshop & Regular Minutes
Thursday, January 22, 2009
Workshop Agenda Item No. 8 -- 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:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply Corporation
b. Sewer CCN permit requests
c. Water CCN permit requests
d. Water service application with regard to Wellborn Special Utility District.
e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of College
Station funds made by Paul Urso to Texcon
g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos
Valley Groundwater Conservation District
i. JK Development v. College Station
j. Taylor Kingsley v. College Station
k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station
l. TMPA v. PUC (College Station filed Intervention)
m. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste
Management Agency contract, on proposed methane gas contract
n. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes
County site
o. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben
White
Workshop Agenda Item No. 9 -- Action on executive session, or any workshop agenda item not completed
or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary.
At 6:55 pm, Council adjourned from the executive session and returned to Council Chambers. No formal action
was taken.
Workshop Agenda Item No. 10 -- Adjourn
The workshop meeting adjourned following the regular meeting.
Minutes of Regular Meeting
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Consider absence request.
Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White led the
audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation.
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City Council Workshop & Regular Minutes
Thursday, January 22, 2009
Council member Maloney made a motion to approve the request for absence from Mayor Pro Tem McIlhaney.
Council member Massey seconded the motion, which carried 6-0.
FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Hear Visitors:
No one spoke.
Regular Agenda Item No. 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. Approved minutes for November 20, 2008, December 4, 2008, and January 8, 2009 meeting.
b. Approved contract with MicroAge of College Station for equipment, materials, supplies and services to
upgrade the City’s existing ATM Network in an amount not to exceed $468,822.97.
c. Approved Ordinance No. 3157 amending Chapter 10, “Traffic Code,” Section 2.C of the Code of
Ordinances of the City of College Station changing the traffic control at the intersection of Eagle Avenue at
Brandenburg Lane from one-way stop controlled operation to three-way stop controlled operation.
d. Approved Ordinance No. 3158 temporarily amending Chapter 10, Section 3E (2)(c), of the College Station
Code of Ordinances by changing the posted speed limit on the section of Wellborn Road (FM 2154) between
FM 2818 and Barron Road to 45 mph for the duration of TxDOT’s Wellborn Road widening project.
e. Approved Ordinance No. 3159 modifying Chapter 10, “Traffic Code,” Section 2.D of the Code of
Ordinances of the City of College Station by updating the Traffic Control Device Inventory – Schedule III to
add STOP signs at various intersections.
f. Approved the City’s authorized Brokers/Dealers for investments.
g. Approved Resolution No. 01-22-09-2g to open a second Investment Pool account with Texas Short Term
Asset Reserve Program (“TexSTAR”).
h. Approved Resolution No. 01-22-09-2h on a new Certificate of Authorized Persons to replace the existing
certificate on the Third Party Custodian Agreement between the City of College Station, Citibank Texas, N.A.,
and Bank of New York, and authorizing the Mayor to execute the new certificate of authorized persons.
i. Approved the Stop Loss Coverage Policy Renewal with Blue Cross and Blue Shield for our self-funded
employee medical insurance plan for the calendar year 2009, in the amount of $308,766.
j. Approved the Second Amendment and Modification to the Annual Fuel Contract for City of Bryan, Texas
and Second Amendment and Modification to the Annual Fuel Contract for City of College Station, Texas in
order that all fuel deliveries for BVSWMA shall be separately invoiced; both the City of Bryan and City of
College Station shall be jointly responsible for payment of BVSWMA invoices with BVSWMA funds and
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City Council Workshop & Regular Minutes
Thursday, January 22, 2009
payment is so authorized in an amount not to exceed $387,000 for BVSWMA deliveries for the fourth renewal
period term.
k. Approved the annual renewal agreement for concrete meter boxes with Sims Plastics of Waco for an annual
expenditure of $88,191.75. This is the first of two renewal options that is to begin on February 11, 2009 and
expire on February 10, 2010. Bid #08-20.
l. Approved a real estate contract with Mervin Peters to purchase conservation property and access easements
on approximately 59.7 acres of land, at a cost of $313,425.00.
m. Approved the additional funds for professional services from Bickerstaff, Heath, Delgado & Acosta, LLP.
for litigation concerning the Brazos Valley Solid Waste Management Agency (BVSWMA) in the amount of
$202,000.00 for total funds of $252,000.00 and ratify an additional $40,040.19 expended and provide funds
for additional legal costs associated with this project.
n. Approved the additional funds for professional services from Bickerstaff, Heath, Delgado & Acosta, LLP.
for the Brazos Valley Solid Waste Management Agency (BVSWMA) condemnations for the Twin Oaks
Landfill Facility property in the amount of $27,737.90 for total funds of $177,737.90. Approval of ratifying an
additional $27,737.90 expended.
o. Approved Resolution No. 01-22-09-2o awarding the bid and approval of (Contract Number #09-75) with
Progressive Commercial Aquatics, Inc. in the amount of $102,314 and ten (10) construction days for the
purchase and installation of a UV Water Treatment System at four (4) swimming pools.
p. Approved the Advanced Funding Agreement No. 3 with the Texas Department of Transportation to finalize
the reimbursement on this project. Upon execution of Amendment No. 3, the Texas Department of
Transportation will reimburse the City of College Station $682,826.86.
q. Approved Resolution No. 01-22-09-2q accepting the terms and conditions in the Letter of
Acknowledgement from the Heart of Texas Regional Advisory Council and accept the Office of Assistant
Secretary of Preparedness and Response (OASPR) Grant in the amount of $7,000.00.
Council member Maloney moved to approve consent agenda items 2a thru 2q. Council member Stewart
seconded the motion, which carried 6-0.
FOR: Mayor White, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: None
ABSENT: Mayor Pro Tem McIlhaney
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion regarding
proposed changes to the City’s smoking ordinance.
Hayden Migl, Assistant to the City Manager presented the proposed smoking ordinance.
Mayor White opened the public hearing.
Arin Robertson, 800 Marion Pugh #315 – TAMU student from TAMU School of Rural Public Health spoke in
favor of ordinance.
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City Council Workshop & Regular Minutes
Thursday, January 22, 2009
Ashley Pudnos, 603 Southwest Pkwy #103 – TAMU student from TAMU School of Rural Public Health spoke
in favor of ordinance.
Jennifer Pate, 4637 N. Graham Rd – TAMU student from TAMU School of Rural Public Health spoke in favor
of ordinance.
Brooks Macdonald, 2920 Kent #184 opposed the ordinance.
Anthony Salvaggio , TAMU Student spoke in favor of ordinance.
Jess Fields, spoke in opposition to the ordinance.
Philip Brinson, 3711 Briarpark, Houston – owner of Fast Eddies Billiards, expressed that the ordinance will
negatively impact his business.
Cary Haynes, 1501 Stallings # 47 – TAMU student in favor of smoking ordinance.
Brian Calwell, 16716 Woodlake Dr. spoke in favor of smoking ordinance.
Arthur Castro, 1203 Haines Dr. – supported the ordinance.
Ben Reese, 2405 Trace Meadows spoke in favor of smoking ordinance.
Joyner Faulk, 1423 Magnolia – expressed concerns of smoking hazards and health issues.
Dr. Mark Sicilio , 126 Lee expressed the hazards of second hand smoking and public health issues. He also
explained about 15 products in cigarettes that harm the body.
Alicia Ramirez, 600 University Oaks Blvd. spoke in favor of the smoking ordinance.
Dr. Erin Fleener, a local oncologist spoke against the ordinance due to public health concerns
Bryan Alg – spoke against the ordinance.
Jerry Fowler – spoke against the ordinance.
Nichols Dyer – spoke against the ordinance.
Donald Mess – spoke against the ordinance.
Gina Midorff of BVCASA spoke in favor of smoking ordinance.
Jennifer Peters – TAMU student spoke in favor of smoking ordinance.
Sergio Espena – TAMU student spoke against the ordinance.
Bryan Johnson – TAMU student spoke against the ordinance.
Sarah Mendez, representing Brazos County Health Department supported the ban of smoking in bars.
Kristine Weaver - American Cancer Association spoke in favor of the ordinance.
Luke Bonds – TAMU student spoke in favor of the ordinance.
Daniel owner of Mad hatters, - against ordinance and inquired if the owner or business will be in violation if
someone smokes (smoking ordinance.)
Karen Torres - in favor of smoking ordinance.
Austin English – in political science and against ordinance.
Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3160 amending Chapter 7 Health and Sanitation of
the Code of Ordinances of the City of College Station, Texas by amending Section 9, Tobacco Products and
Smoking, as set out below; providing for a severability clause; declaring a penalty and providing an effective
date. Council member Massey seconded the motion, which carried 6-0.
FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor Pro Tem McIlhaney
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City Council Workshop & Regular Minutes
Thursday, January 22, 2009
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on an
amendment to the Unified Development Ordinance, Article 7, General Development Standards as it relates
to detention ponds and storm water management design.
Staff Planner Lauren Hovde presented the amendment to the UDO Ordinance, Article 7, General Development as
it relates to detention ponds and storm water management.
Mayor White opened the public hearing. Tom Woodfin, a member of the Planning and Zoning Commission
made positive comments about the proposed amendment. Mayor White closed the public hearing.
Council member Crompton made a motion to approve Ordinance No. 3161 amending Chapter 12, Section
7.2.G.2.c “Permanent Surfaces”, Section 7.5.C.9, “Landscaping Requirements”, Section 7.8 “Drainage and
Stormwater Management” Section 7.9.B.1 “Required Screening”, and Section 7.9.B.2, “Building Mass and
Design” of the Code of Ordinances of the City of College Station, Texas, by amending certain sections as set out
below; providing a severability clause; and providing an effective date. Council member Maloney seconded the
motion, which carried 6-0.
FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor Pro Tem McIlhaney
Regular Agenda Item No. 3 -- Presentation, possible action, and discussion regarding the City’s
appointment to the Joint Relief Funding Review Committee.
City Secretary Connie Hooks requested Council make reappointment to the Joint Relief Funding Review
Committee.
Council member Maloney made a motion to approve the reappointment of Kevin Byrne for a three year term
expiring December 2011. Council member Massey seconded the motion, which carried 6-0.
FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor Pro Tem McIlhaney
Regular Agenda Item No. 4 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 8:36 pm on Thursday, January 22, 2009.
PASSED AND APPROVED this 12th day of February, 2009.
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
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February 12, 2009
Consent Agenda Item No. 2b
Bank of New York Custody Agreement
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on a resolution amending
the Custody Agreement between the City and Bank of New York Mellon and to amend the
authorized persons on the account.
Recommendation(s): Staff recommends approval of the resolution.
Summary: In 1993 the City of College Station (“City”) entered into a Custody Agreement
with Texas Commerce Bank which eventually became known as JP Morgan Chase. In 2007,
Bank of New York Mellon (“BONY”) purchased the Corporate Trust division of JP Morgan
Chase. The custody agreement appoints BONY as the City’s custodian of all U.S. Securities
and cash delivered and authorizes the custodian to hold the securities in registered form in
the City’s name. BONY furnishes the City with a monthly summary of all account transfers
and activity. The custody agreement pertains only to the investments purchase or sold.
The resolution designates those employees that are able to act as authorized person for the
City’s investments.
Budget & Financial Summary: None.
Attachments:
1. Resolution
2. Bank of New York Custody Agreement
3. Certificate of Authorized Persons
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February 12, 2009
Consent Agenda Item No. 2c
Contract Assignment by SunGard Mailing Services to Pinnacle Data Systems
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding Addendum 1 to
the Service Agreement with SunGard Mailing Services consenting to the assignment by
SunGard Mailing Services to Pinnacle Data Systems L.L.C. for Utility Bill Printing and Mailing
services.
Recommendation(s): Staff recommends approval of the contract assignment by SunGard
Mailing Services to Pinnacle Data Systems.
Summary: This contract is for printing and mailing approximately 400,000 utility bills and
60,000 late notices annually. Council approved the original contract on April 12, 2007 and
renewed the contract on June 12, 2008. Pinnacle Data Systems L.L.C. has acquired
SunGard Mailing Services effective November 1, 2008 and agrees to honor the terms and
conditions of the original agreement between the City of College Station and SunGard
Mailing Services.
Budget & Financial Summary: Funds are budgeted and available in the Utility Customer
Service budget.
Attachments:
Addendum No. 1 to the Services Agreement (Assignment)
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Addendum No. 1
To the Service Agreement
Due to the acquisition of SunGard Mailing Services by Pinnacle Data Systems L.L.C., effective
November 1 , 2008, and pertaining to the agreement dated April 23, 2007 between City of
College Station, Texas (Customer) and SunGard Mailing Services paragraph 15 Customer
agrees to consent to the assignment of said agreement. Furthermore, Pinnacle Data Systems
L.L.C. agrees to the honor the terms and conditions of the agreement dated April 23, 2007
between the City of College Station, Texas and Sungard Mailing Services.
This addendum is deemed effective November 1,2008 and is hereby made a part of and
incorporated into the agreement dated April 23, 2007 by and between City of College Station,
Texas and SunGard Mailing Services.
Consent to Assignment
Customer hereby consents to the assignment by SunGard Mailing Services to Pinnacle Data
Systems L.L.C. of the agreement for the print and mail services provided by SunGard Mailing
Services to Customer. Furthermore, Pinnacle Data Systems L.L.C. agrees to the honor the terms
and conditions of the agreement dated April 23, 2007 between the City of College Station, Texas
and Sungard Mailing Services.
CITY OF COLLEGE STATION, TEXAS
By:
Mayor
Name:
Title:
Date:
Pinnacle Data Systems L.L.C.
&+z=zS--... .
Name: Rab%?% Q~lf):c~~or
Title: '?Wc>Lo&
Date: \-w- s9
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ATTEST:
City Secretary
Date:
APPROVED:
City Manager
Date:
Date:
Chief Financial Officer
Date:
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February 12, 2009
Consent Agenda Item No. 2d
2008 Medical Claims Expenditures
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion to ratify a change
order to the 2008 Blue Cross Blue Shield purchase order 080370, in the amount
$66,000.
Recommendation(s): Staff recommends approval of the ratification.
Summary: The original purchase order reflects the projected claims costs that
Council approved in October 2007, in the amount of $ 3,523,880. The $66,000
increase represents less than a 2% deviation in the original projection, of line #2,
medical claims. The additional amount is due to large, unexpected medical claims
that were incurred in late December 2008.
Blue Cross Blue Shield has paid these claims and this formal action will ensure
proper ratification of the change order.
Budget and Financial Summary: Funds are available in the employee benefits
fund.
Attachments:
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February 12, 2009
Consent Agenda item 2E
2009 State Legislative Program
To: Glenn Brown, City Manager
From: David Neeley – Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion regarding College Station
2009 State Legislative Program
Recommendation(s): City Council is asked to consider the adoption of its 2009 State
Legislative Program and to direct City Manager to pursue the priorities as established by
Council
Summary: Staff is requesting Council consideration of Three (3) different elements of the
2009 State Legislative Program.
First and foremost, the City of College Station strongly supports the Texas A&M University
and urges the legislature to approve full funding of the University’s budgetary appropriations
request for 2009. As further support for TAMU, the Council supports the passage of SB 467
relating to the use of aviation and air transportation sales and use tax proceeds for aviation
facilities development. The passage of SB 467 would greatly benefit TAMU’s Easterwood
Airport by providing that the funds collected under the act could be used for airport facilities
development.
Second, Council consideration and support for the 2009 TML Resolutions and the TML
Legislative Program, the IGC Joint Cities/ Brazos County Legislative “Areas of Interest”, the
CSISD Legislative Action Plan, and the Texas Association of Regional Councils Legislative
Objectives.
Third, the Council is requested to establish legislative priorities for the City of College
Station. Staff recommends the following legislative priorities for Council consideration:
· Transportation
Support state-funded and local-option funding choices to be utilized for
transportation purposes.
Support legislation that would discontinue the diversion of transportation
revenues to non-transportation purposes and appropriate all revenues
from highway user fees and taxes to fund transportation projects.
:
· Municipal Revenue
Oppose any changes to the current property and sales tax systems as well
as other income producing structures that would cause the City to lose
revenue or the ability to raise revenue
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· Erosion of Municipal Powers
Oppose any legislation that erodes the authority of city government or is
detrimental to cities
· Collective Bargaining
Oppose legislation that would impose mandated collective bargaining
rights
· Annexation – Land Use Authority
Oppose any legislation that erodes the authority of cities to annex
Oppose any legislation that would restrict the zoning authority of cities
· Un-Funded Mandates
Oppose any legislation that would require expenditures by the City without
a source of revenue provided by the State
Budget & Financial Summary: None
Attachments:
· Resolution establishing 2009 Legislative Priorities for the City of College Station
· TAMU Legislative Initiatives Statement – SB 467 (Bill Text)
· Texas Association of Regional Councils – Objectives for the 81st Legislative Session
· IGC Legislative Overview – College Station-Bryan-Brazos County Joint Legislative
Areas of Interest 2009
· College Station Independent School District Legislative Action Plan
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THE TEXAS A&M UNIVERSITY SYSTEM
Bill Jones, Chairman, Austin, Term Expires February 1, 2009
Erle Nye, Dallas, Term Expires February 1, 2009
John D. White, Vice Chairman, Houston, Term Expires February 1, 2009
Anthony Cullins, Student Regent, Dallas, Term Expires May 31, 2009
Lupe Fraga, Houston, Term Expires February 1, 2011
Gene Stallings, Powderly, Term Expires February 1, 2011
Ida Clement Steen, San Antonio, Term Expires February 1, 2011
Morris Foster, Houston, Term Expires February 1, 2013
J.L. Huffines, Dallas, Term Expires February 1, 2013
James P. Wilson, Sugar Land, Term Expires February 1, 2013
EXCEPTIONAL ITEM REQUESTS
The Exceptional Items requested in Texas A&M University’s Legislative Appropriations Request are as
follows:
1. University Bound!
2. Keeping Texas Scholars in Texas
TUITION REVENUE BOND REQUEST
The Tuition Revenue Bond requested in Texas A&M University’s Legislative Appropriations Request is for
Facilities Renewal.
ADMINISTRATOR’S STATEMENT
Texas A&M University’s purpose is to “develop leaders of character dedicated to serving the greater
good.” This purpose statement reflects on the University’s unique responsibility as a land-grant
institution for the State of Texas and its founding heritage as the state’s first institution of higher
education in 1876 to essentially “educate the masses.”
Today, Texas A&M holds the distinction as one of the few institutions nationwide that also holds sea-
and space-grant status. As the flagship university for The Texas A&M University System, Texas A&M is
recognized as a Tier One national research institution, with membership in the prestigious American
Association of Universities. Texas A&M’s enrollment includes more than 46,500 students (fall 2007),
which ranks seventh nationally, and the University conducts research valued at more than $550 million
annually, which ranks among the top 20 institutions nationwide.
Texas A&M continues to be focused on one goal: to be one of the top 10 public institutions of higher
education in the country by the year 2020. This ambitious goal is codified in the University’s long-range
strategic plan, better known as Vision 2020. Six imperatives, or areas of emphasis, have been
established in order to better focus the Vision 2020 effort: Elevating the faculty, improving diversity and
globalization, improving the undergraduate and graduate academic experience, enhancing physical
space and infrastructure, enlightening governance and attaining resource parity. Adhering to these six
imperatives has empirically moved Texas A&M forward and is essential to the University’s contribution
to the state’s “Closing the Gaps” plan for higher education.
The state’s current distribution methodology and level of base and formula funding is the foundation
upon which the University relies to fulfill its core missions of teaching, research and public service. And,
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we are grateful for that funding and recognize that the legislature has the obligation to fund many other
necessary and worthy state services. However, the level of that funding does not fully address the costs
of base operations for nationally competitive research universities, given their increased costs of faculty
salaries, research support and equipment, and overall infrastructure demands. With several universities
in the state aspiring to and approaching research university status, Texas A&M respectfully asks that the
legislature maintain, and intensify if possible, its commitment and funding for the state’s two existing
public comprehensive research universities at the same time it begins to provide the support needed
for other universities to earn such status.
At the same time the university seeks to earn legislative support for stronger base funding, we remain
committed to keeping Texas A&M affordable and accessible for students across the state who hold high
academic, scholastic, and leadership promise. This past fall, the University held its increase in tuition and
fees to 4.99%, or $7.25 per semester credit hour, the lowest such increase in nearly a decade.
Even with the rise in the cost of tuition, Texas A&M continues to attract record numbers of applicants
year after year, with more than 24,000 students applying for admission for the fall 2008 semester alone
– an increase of 2,100 students over the previous year. The Class of 2012 includes more than 8,200
students, the largest freshman class in the university’s 132-year history, signaling that Texas A&M is
committed to “Closing the Gaps” and continues to be a good value, particularly for a Tier One research
institution. In fact, the University continues to be ranked by “U.S. News & World Report” and
“Kiplinger’s” in their “best value” categories on an annual basis.
Following is a summary of Texas A&M’s progress in regards to Vision 2020, with related additional
funding requests:
Elevating the Faculty. Through the support of the Texas Legislature, Texas A&M has reached the
completion of its Faculty Reinvestment Initiative, a bold effort that was initiated in the 78th Session to
add 447 members to the University’s faculty over a five-year period. Noted as the most ambitious
faculty expansion program in the history of U.S. higher education, the overall impact of this initiative has
been a reduction in the University’s faculty-student ratio and increased research expenditures, which
are critical to a Tier One research institution.
More specifically, Texas A&M has replaced more than 115 faculty teaching and research positions that
were lost between 1992 and 2002, which has contributed to the continuing decrease in the University’s
student-faculty ratio from 22.5:1 in 2001 to 19.5:1 in 2007. It must be noted that Texas A&M’s overall
enrollment has also increased by 2,000 students over this same time period. These faculty members
have contributed greatly to the University’s overall research portfolio as well. In Texas A&M’s nationally
ranked College of Engineering, for example, the 103 faculty members added as part of the Faculty
Reinvestment Initiative have brought in more than $65 million in external research funding. Of these
faculty, three were members of the National Academy of Engineering and 13 were recipients of the
prestigious National Science Foundation award for junior faculty, contributing to the College of
Engineering’s national ranking of seventh for graduate programs and ninth for undergraduate programs.
In addition, seven of Texas A&M’s 11 engineering degree programs are now ranked in the top 10
nationally.
While the Faculty Reinvestment Initiative primarily addressed the need for additional teaching faculty on
the Texas A&M campus, additional funding through the Texas Competitive Knowledge Fund (CKF) is
requested to provide an acceleration in research. Established in the 80th Session to support instructional
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excellence and research, $95 million was appropriated to the Competitive Knowledge Fund, of which
Texas universities with research expenditures in excess of $50 million annually are eligible to participate
(Texas A&M, University of Texas, University of Houston and Texas Tech University). Allocations from the
Fund are based on these research expenditures – for every $10 million of research expenditures, the
Legislature allocates $1 million to the university’s budget. Based on FY2003 research expenditures, the
Fund generated approximately $40 million for Texas A&M for the current biennium, which was used in
its entirety to support salary commitments through the Faculty Reinvestment Initiative.
Texas A&M requests that the Legislature double the overall allocation to this incentive-based Fund to
$190 million, and also increase the distribution to the participating universities based on a $10 million to
$2 million match. The resulting addition of at least $40 million in allocations to Texas A&M through the
Fund would enable the University to recruit and hire approximately 20 established “superstar”
researchers in specific areas of statewide importance, based on the institution’s Academic Master Plan,
who will then be able to leverage the state’s investment to secure additional research funding.
Additional funding will directly address the Academic Excellence and Research goals for the state
outlined in “Closing the Gaps,” in terms of the state’s two flagship universities achieving top-10 status,
increasing Texas’ level of federal science and engineering research and development obligations, and
increasing research expenditures. The overall benefit to the state will be accelerated science and
technology contributions to the state’s economy through new discoveries and technology
commercialization.
Improving Diversity and Globalization. Texas A&M has made significant strides in increasing the number
of underrepresented students on its campus, particularly at the undergraduate level. The Class of 2012
is projected to include the highest number of Hispanic and African-American freshman in the
University’s history, with more than 1,400 and 300, respectively. Both of these numbers represent a 20
percent increase over the previous year. In addition, approximately 25 percent of the freshman class are
first generation college students, another key indicator that Texas A&M is serving the state’s
underrepresented population. For graduate students, the University has experienced a 62.2 percent
increase in the number of African-Americans and a 37.9 percent increase in Hispanics pursuing advanced
degrees since 2003.
Much of this success in diversifying Texas A&M’s student body can be attributed to the University’s eight
Prospective Student Centers located in key locations across the state: San Antonio, Laredo, Rio Grande
Valley, Houston (2), Dallas, Corpus Christi and College Station. These centers are jointly staffed with
admissions and financial aid experts, with a goal of simplifying the pathway from high school to
admission into Texas A&M. In addition, the University has focused on targeted, high-touch recruitment,
earlier financial aid decisions and earlier admissions.
However, the number of Hispanic and African-American students at Texas A&M is still relatively small,
and frankly, there is much more the University can do to reach these populations. The key issue is that
the pool of Hispanic and African-American students from which Texas A&M can recruit is very small.
According to the most recent data available, there were 76,000 Hispanic high school graduates in the
state, with 40,000 of these students taking a college entrance placement exam, either the SAT or ACT.
Of these 40,000 Hispanic students, only 4,450 scored at or above the TEA criterion score of either 1110
on the SAT or 24 on the ACT. For African-American students, there were 27,000 high school graduates,
with 18,000 of these students taking a college entrance placement exam. Of these 18,000 African-
American students, only 1,400 scored at or above the criterion. Given this small pool, the competition
for high-achieving Hispanic and African-American amongst the state’s universities has become intense,
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and also includes renowned out-of-state institutions such as Stanford, North Carolina, Harvard and
others. This competition directly affects Texas A&M’s yield, or the number of minority students who
actually enroll in the University.
To address this important issue, Texas A&M requests an Exceptional Item titled “University Bound!”
which builds upon the Early College Education Program established by the Texas Legislature in the 79th
Session. This legislation authorized the use of funds to establish programs that provide college credit to
high school students in grades nine through 12. Initial indications are that these programs include larger
percentages of underrepresented students who do better in school and are better prepared for college.
Most of these Early College High Schools have partnered with community colleges, while a few have
partnered with regional four-year institutions. Unfortunately, there is not an established pathway for
these students to attend a flagship, Tier One institution such as Texas A&M.
The University requests $8 million over the biennium for the “University Bound!” program, which will
hire 20 academic program counselors who will work with the Early College High Schools or other high
schools with linkages to the Prospective Student Centers to provide direct support for students, families
and teachers. These counselors will then establish and conduct training programs for the college
entrance exams and develop summer academic camps to transition students into Texas A&M. In
addition, the University will provide matching scholarships from Texas A&M donors. This initiative
addresses the Participation and Success goals outlined in “Closing the Gaps” by increasing the
participation in higher education by Hispanics and African-Americans, while also increasing the number
of minorities completing degrees, particularly in engineering and the health sciences. These students will
also be afforded admission to a flagship institution, allowing them to receive a world-class education
and be exposed to educational opportunities not offered by community colleges and regional
universities.
Improving Undergraduate and Graduate Academic Experience. At the core of this Vision 2020
imperative is the implementation of “The Murano Report,” which is a series of recommendations based
on the university-wide Report on Enhancing the Undergraduate Experience. Five overarching goals
comprise The Murano Report: Enhance opportunities for undergraduates to participate in inquiry and
research-based education, increase faculty interactions with undergraduates through smaller classes,
assess undergraduate programs and advising, raise funds for study abroad scholarships, and increase
opportunities for students to participate in learning communities.
Significant progress has been made toward these goals over the past few years. In Spring 2008, Texas
A&M had its largest participation ever in Student Research Week, with 33 percent of the presenters
representing the undergraduate ranks. The number of freshman classes at Texas A&M with fewer than
30 students has increased 15 percent over the past four years. And, more than 2,400 freshmen, or 32
percent of the incoming class, now participate in learning communities across the campus. The end
result has been a 15 percentage point increase in the University’s four-year graduation rate over a
three-year period, while Texas A&M continues to significantly outpace the four-, five- and six-year
statewide graduation rates.
To address Texas A&M’s graduate academic experience, the University requests an Exceptional Item to
“Keep Texas Scholars in Texas.” Graduate students are the key to building, maintaining and growing
successful research programs for the State of Texas. In addition, attracting high-tech companies to Texas
hinges on the availability of a well-trained workforce with advanced degrees. Unfortunately, the state is
experiencing a “brain drain” in terms of students pursing graduate degrees outside the state. For
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example, out of 48 Texas students who competed in the National Science Foundation Graduate
Fellowship Program, 32 of these students left the state in pursuit of a graduate degree.
This Exceptional Item request will create an incentive fellowship program that entices students
graduating from a Texas university with a bachelor’s degree to pursue a graduate education here in the
state. Texas A&M requests $5.4 million over the biennium to support 60 graduate students for two
years with an annual $30,000 stipend. This initiative is vital to stop the “brain drain” and ensure that
Texas’ best and brightest contribute to the economic growth of the state. In addition, this program will
increase the pipeline for the next generation of scientists and university researchers here in Texas. This
Exceptional Item addresses the Success goal for the state in “Closing the Gaps” by increasing the
number of students completing doctoral degrees at Texas universities.
Enhancing Physical Space and Infrastructure. To meet the demand of the increased number of faculty
and the overall growth of the student body, Texas A&M is in the midst of a major era of expansion in
terms of the physical campus. More than $800 million in new construction is either underway or in the
planning stages, another record for the University and one of the largest such undertakings in higher
education. Some of the more notable projects include the $100 million Interdisciplinary Life Sciences
Building, two new physics buildings funded substantially by a generous gift from George P. Mitchell ’40,
the Texas Institute for Preclinical Studies and the Veterinary Medicine Research Tower addition. Many of
these projects combine resources from the University, Texas Legislature, Permanent University Fund
and successful fund raising with the assistance of Texas A&M former students. Texas A&M has also
initiated a campus-wide process in which future construction will be prioritized according to the
University’s Academic Master Plan.
Despite the tremendous amount of new construction on the campus, adequate space for teaching and
research by the University’s world-class faculty is at a premium. Many of Texas A&M’s historical and
heavily used buildings are in dire need of modern electrical and HVAC systems, technology-enabled
classroom space and ADA accommodations. Infrastructure funds provided to the University by the
Legislature have been used to cover the ever-escalating costs of utilities, leaving little funding for
adequate maintenance of Texas A&M’s existing buildings and infrastructure.
Texas A&M requests a Tuition Revenue Bond of $95 million to begin a Facilities Renewal process, which
is expected to span over several Legislative Sessions. This initiative will restore two key instructional
facilities that are also of historic significance, while also providing for efficient, modern and safe
classrooms and offices in other existing facilities across the campus. This TRB will significantly enhance
Texas A&M’s ability to address the Excellence goal outlined in “Closing the Gaps,” in addition to
enhancing the academic experience of students and the University’s ability to recruit and retain top
faculty.
Enlightening governance. Texas A&M is committed to a culture of collaboration and communication
amongst students, faculty and staff across the campus. Several university-wide councils have been
established to supplement regular standing committees and provide an avenue for stakeholder groups
to provide input, feedback and suggestions to University administrators and ensure that issues of
importance are given proper attention and resolution. Newly formed groups include the Council on
Climate and Diversity, which was established in Fall 2007, and University Staff Council, which began
meeting in Fall 2008.
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Attaining resource parity. In 2004, the percentage of Texas A&M’s budget funded by tuition and fees
surpassed the percentage of state appropriations for the first time in the University’s history. In an era
of increasing utilities and infrastructure costs and the highly competitive environment for research
institutions, students and their families have had to shoulder this increasing burden through rising
tuition and fees. Texas A&M is committed to addressing the rising costs of higher education through a
partnership with the Texas Legislature, while also generating additional revenue streams through
philanthropy, technology commercialization, sponsored research, corporate partnerships and other
avenues.
In summary, Texas A&M University, working in partnership with the Texas A&M System and the
Legislature, has made significant progress over the past decade. With the state providing sufficient
General Revenue, Exceptional Item Funding and access to Tuition Revenue Bonds; the University
effectively managing costs and enhancing efficiencies, increasing private and federal funding and
judiciously planning programs; and students and their families paying a “fair share” for excellence in
education, Texas A&M can uphold excellence in higher education and keep the opportunity to attend a
flagship, Tier One institution affordable. Affordability without excellence, however, is a promise for a
meager future for Texas students and the state, while excellence without affordability is no promise at
all. Working in partnership, Texas can have both, ensuring a future that the state’s citizens deserve.
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February 12, 2009
Consent Agenda Item No. 2f
State Legislative Services
To: Glenn Brown, City Manager
From: David Neeley, Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a contract with
Dan Shelley for state legislative and consulting services in the amount of $48,000.
Recommendation(s): Staff recommends approval of the contract for state legislative and
consulting services.
Summary: On January 8, 2009, Council approved the 2009 Legislative Program
establishing priorities for the Legislative year now in session. Professional legislative
services have been provided by Dan Shelley over the past three years. These services have
been beneficial for the City of College Station in pursuing our legislative priorities in Austin.
The Shelley’s are available to meet with senate and house committee members; they stand
ready to testify on behalf of the City when requested; and will work with City staff to
support the 2009 TML Resolutions, BCS Legislative Program and the Intergovernmental
Committee Joint Legislative “Areas of Interest”.
Budget & Financial Summary: Funds are budgeted and available in the General Fund.
Attachments:
1. Contract
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February 12, 2009
Consent Agenda Item No. 2g
Change Order #2 Parallel Water Transmission Line
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services.
Agenda Caption: Presentation, possible action, and discussion regarding approval of
Change Order #2, in the amount of $281,903.50 to contract 07-229 with Brazos Valley
Services, to adjust quantities for construction of the parallel water transmission line.
Recommendation: Staff recommends Council approve this change order.
Summary: In September of 2007, City Council approved award of construction contract
07-229, in the amount of $5,521,133.50 to Brazos Valley Services, to construct 4 miles of
36 inch diameter water line. This line provides the last link in the parallel water
transmission line, which is required to provide the City with the necessary water supply
capacity to meet its future water demand.
In April of 2008, City Council approved Change Order #1 to this contract, in the amount of
$310,749 to comply with a court ordered mediation to resolve a dispute with a property
owner. This change provided additional directional boring to avoid open trenching (which
would damage the landscape) and also minimized business disruption.
Since April of 2008, construction has proceeded smoothly, but since the work is all
underground, many unforeseen obstructions have been encountered over the 4 mile length
of the project. Quantities of each type of work must be adjusted to compensate for these
unforeseeable conditions, and Change Order #2 is a compilation of all these quantity
adjustments. The dollar amount of the change is 5.1% of the original contract value, which
is very reasonable for construction work of this nature and complexity. For example, two
major factors causing the increased quantities are: First, TXDoT directed hand digging and
boring under driveways at Hwy 21; and second, a route change is necessitated due to
underground anchors for a BTU high voltage line.
The design engineer, Malcolm-Pirnie, has thoroughly reviewed the details of this change
order, and has agreed they are reasonable. This will be the final change order for the
contract, and staff recommends approval.
Budget & Financial Summary: The FY09 budget for this project is $9,138,793. Funds in
the amount of $8,956,164 have been expended or committed to date, leaving a balance of
$182,629. The change order is for $281,903.50 which means $99,274.50 must be
transferred. The additional $99,274.50 will be transferred from the Capital Projects
Contingency, which is currently budgeted in the Water Capital Improvement Projects Fund.
Attachment:
Change Order 2
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February 12, 2009
Consent Agenda Item No. 2h
Resolution Determining Need (Easement Acquisition)
Koppe Bridge Lift Station (Wastewater)
To: Glenn Brown, City Manager
From: Chuck Gilman, PE, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
Needs Resolution that will authorize City staff to negotiate for the purchase of easements
needed for the Koppe Bridge Lift Station project.
Recommendation(s): Staff recommends approval of the Resolution.
Summary: The project provides for the construction of a force main sewer from the
proposed Meadow Creek Lift Station to the Creek Meadow Lift Station. It will allow the
Meadow Creek Package Plant to be taken off line, eliminating the ongoing operational and
administrative costs for the plant. The project will also eliminate the potential for drainage
disputes with downstream landowners.
Budget & Financial Summary: Funding source for the project is Utility Revenue Bonds.
The project budget, including land, engineering and construction is $400,000.
Attachments: Resolution Determining Need
Exhibit “A” to the Resolution
Project Location Map
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RESOLUTION NO. ________ PAGE 5
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 693-2777/693-3378
Proposed 20' Easement
Richard Miller Tract
Samuel Davidson survey A-IT
Brazos County, Texas
November 11, 2008
All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey,
Abstract No. 13, in Brazos County, Texas, being a part of that 2.136 acre tract conveyed to
Richard Miller and wife, Karen Miller by deed recorded in Volume 5585, Page 72 of the
Official Public Records of Brazos County, Texas, being an easement twenty feet (20') in
width adjoining the northwest line of said Miller tract and being more particularly described
as follows:
Beginning at the common comer of the said Miller tract and that 2.56 acre tract conveyed to
James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of
the Official Public Records of Brazos County, Texas, in the southeast line of Meadowcreek
Subdivision described by plat recorded in Volume 7138, Page 121 of the Official Public
Records of Brazos County, Texas, from which a %" iron rod found due south 0.4 feet.
Thence S 47° 18' 06" E -20.00 feet along the line between the said Miller and McCleskey
tracts;
Thence S 42° 40' 01" W -234.90 feet through the said Miller tract to the line between the
said Miller tract and that 5.50 acre tract conveyed to Larry G. Young by deed recorded in
Volume 3217, Page 40 ofthe Official Public Records of Brazos County, Texas;
Thence N 47° 18' 06" W -20.00 feet along the line between the said Miller tract and the said
Young tract to a 5/8" iron rod found at the common comer of same in the southeast line of
Common Area No.4 of Meadowcreek Subdivision;
Thence N 42° 40' 01" E -234.90 feet along the line between Meadowcreek Subdivision and
the said Miller tract to the Point of Beginning and containing 0.108 acres ofland more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of
College Station GPS control monument no. 134 and no. 135 (S 67°45'23" E).
See survey plat prepared with this description.
RESOLUTION NO. ________ PAGE 6
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RESOLUTION NO. ________ PAGE 7
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Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 693-2777/693-3378
Proposed 20' Temporary Easement
Richard Miller Tract
Samuel Davidson survey A-13
Brazos County, Texas
22 January 2009
All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey,
Abstract No. 13, in Brazos County, Texas, being a part of that 2.136 acre tract conveyed to
Richard Miller and wife, Karen Miller by deed recorded in Volume 5585, Page 72 of the
Official Public Records of Brazos County, Texas, being an easement twenty feet (20') in
width lying 20' southeast of the northwest line of said Miller tract and being more particularly
described as follows:
Beginning in the common line of the said Miller tract and that 2.56 acre tract conveyed to
James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of
the Official Public Records of Brazos County, Texas, at a point located S 47° 18' 06"E
20.00 feet from the common corner of the said tracts in the southeast line of Meadowcreek
Subdivision described by plat recorded in Volume 7138, Page 121 of the Official Public
Records ofBrazos County, Texas.
Thence S 42° 40' 01" W -234.90 feet through the said Miller tract to the line between the
said Miller tract and that 5.50 acre tract conveyed to Larry G. Young by deed recorded in
Volume 3217, Page 40 of the Official Public Records of Brazos County, Texas to a point
located S 47° 18' 06" E -20.00 feet from a 5/8" iron rod found at the common corner of said
Miller and Young tracts in the southeast line ofthe said Meadowcreek Subdivision;
Thence S 47° 18' 06" E -20.00 feet along the line between the said Miller and Young tracts;
Thence N 42° 40' 01" E -234.90 feet through the said Miller tract to the said common line of
the said Miller and McCleskey tracts;
Thence N 47° 18' 06" W -20.00 feet along said line to the Point of Beginning and containing
0.108 acres ofland more or less.
See survey plat dated January 2009.
RESOLUTION NO. ________ PAGE 8
94
RESOLUTION NO. ________ PAGE 9
95
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 693-2777/693-3378
Proposed 20' Easement
McCleskey Tracts
Samuel Davidson survey A-13
Brazos County, Texas
Noverrlber 11, 2008
All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey,
Abstract No. 13, in Brazos County, Texas, being a part of that 2.56 acre tract conveyed to
James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of
the Official Public Records of Brazos County, Texas, and a part of that 2.87 acre tract
conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 3932,
Page 185 of the Official Public Records of Brazos County, Texas, being an easement twenty
feet (20') in width adjoining the northwest lines of said tracts and being nlore particularly
described as follows:
Beginning at a %" iron rod found in the northwest line of the said McCleskey 2.56 acre tract
at the common comer of the Meadowcreek Subdivision Phase 1 described by plat recorded in
Volume 7138, Page 121 of the Official Public Records of Brazos County, Texas, and that
4.895 acre tract conveyed to Barbara Layman Williams by deed recorded in Volume 5206,
Page 196 of the Official Public Records of Brazos County, Texas.
Thence N 42° 49' 47" E -172.10 feet along the line between the said Williams tract and the
said McCleskey 2.56 acre tract to a 12" iron rod found at the common comer of the said
McCleskey 2.56 acre tract and the said McCleskey 2.87 acre tract;
Thence N 74° 55' 50" E -375.70 feet along the line between the said Williams tract and the
said McCleskey 2.87 acre tract to the common comer of the said Williams tract and the said
McCleskey 2.87 acre tract in the southwest line ofI&GN Road as fenced;
Thence S 14° 58' 07" E -20.00 feet along the southwest line ofI&GN Road;
Thence through the said McCleskey tracts parallel to al1d twenty feet (20') from the northwest
line of same as follows;
S 74° 55' 50" W -369.91 feet;
S 42° 49' 47" W -166.32 feet;
S 42° 40' 01" W -128.79 feet to the line between the said McCleskey 2.56 acre tract
and that 2.136 acre tract conveyed to Richard Miller and wife, Karen Miller by deed
recorded in Volume 5585, Page 72 of the Official Public Records of Brazos County,
Texas;
McCleskey Easement Page 1 of2
RESOLUTION NO. ________ PAGE 10
96
Thence N 47° 18' 06" W -20.00 feet along the line between the said McCleskey 2.56 acre
tract and the said Miller tract to the common comer of said tracts in the southeast line of
Meadowcreek Subdivision from which a 3;4" iron rod was found due south 0.4 feet;
Thence N 42° 40' 01" E -128.81 feet along the line between Meadowcreek Subdivision and
the said McCleskey 2.56 acre tract to the Point of Beginning and containing 0.308 acres of
land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of
College Station GPS control monument no. 134 and no. 135 (S 67°45'23" E).
See survey plat prepared with this description.
McCleskey Easement Page 2 0[2
RESOLUTION NO. ________ PAGE 11
97
RESOLUTION NO. ________ PAGE 12
98
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 693-2777/693-3378
Proposed 20' Temporary Easement
McCleskey Tracts
Samuel Davidson survey A-13
Brazos County, Texas
22 January 2009
All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey,
Abstract No. 13, in Brazos County, Texas, being a part of that 2.56 acre tract conveyed to
James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 1607, Page 178 of
the Official Public Records of Brazos County, Texas, and a part of that 2.87 acre tract
conveyed to James L. McCleskey and Joan M. McCleskey by deed recorded in Volume 3932,
Page 185 of the Official Public Records of Brazos County, T~xas, being an easement twenty
feet (20') in width lying 20' southeast of the northwest lines of said tracts and being more
particularly described as follows:
Beginning in the common line of the said McCleskey 2.56 acre tract and that 2.136 acre tract
conveyed to Richard Miller and wife, Karen Miller by deed recorded in Volume 5585, Page
72 of the Official Public Records of Brazos County, Texas at a point located S 47° 18' 06" E
-20.00 feet from the common comer of the said 2.56 acre and 2.136 acre tracts in the
southeast line of the Meadowcreek Subdivision Phase 1 described by plat recorded in Volume
7138,Page 121 of the Official Public Records of Brazos County,Texas.
Thence S 47° 18' 06" E -20.00 feet along the common line of the said Miller and McCleskey
tracts to the southwest comer ofthis tract;
Thence through the said McCleskey tracts parallel and forty feet (40') from the northwest line
of same as follows;
N 42° 40' 01" E -128.77 feet;
N 42° 49' 47" E -160.54 feet;
N 74° 55' 50" E -364.12 feet to a point in the southwest line of I&GN Road as
fenced, from where a W' iron rod found at the southeast comer of the said McCleskey
2.87 acre tract bears S 14° 58' 07" E -390.46 feet;
Thence N 14° 58' 07" W -20.00 feet along the said southwest line of I&GN Road to the
northeast comer ofthis tract;
Thence through the said McCleskey tracts parallel and twenty feet (20') from the northwest
line of same as follows;
S 74° 55' 50" W -369.91 feet;
S 42° 49' 47" W -166.32 feet;
McCleskey Temp. Easement Page 1 of2
RESOLUTION NO. ________ PAGE 13
99
S 42° 40' 01" W -128.79 feet to the Point of Beginning and containing 0.303 acres of
land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986) datum, based on 1994 City of
College Station GPS control monument no. 134 and no. 135 (S 67°45'23" E).
See survey plat dated January 2009.
McCleskey Temp. Easement Page 2 of2
RESOLUTION NO. ________ PAGE 14
100
RESOLUTION NO. ________ PAGE 15
101
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 693-2777
Proposed 15' Easement
Dorothy Santina Tract
Samuel Davidson Survey A-13
Brazos County, Texas
22 January 2009
All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey,
Abstract No. 13, in Brazos County, Texas, being a part of that 83.84 acre tract conveyed to
Dorothy N. Santina by deed recorded in Volume 330, Page 712 of the Deed Records of Brazos
County, Texas, being an easement Fifteen Feet (15') in width adjoining the north side of the
existing 15' waterline easement to Wellborn Special Utility District described in Volume 3433,
Page 265 of the Official Public Records of Brazos County, Texas, and being more particularly
described as follows:
Beginning at the intersection of the southwest line of the Union Pacific Railroad right-of-way and
the northwest line of the said Wellborn Special Utility District easement at a point located 50'
from the centerline ofthe railroad tract.
Thence through the said Santina tract as follows:
S 76° 35' 04" W -662.15 feet along said existing easement northwest line;
N 14° 53' 33" W -677.50 feet along said existing easement northeast line;
S 75° 06' 27" W -16.50 feet across the said Wellborn SUD easement to an old fenceline
on the occupied southwest line of the said Santina tract;
Thence N 14° 53' 33" W -40.00 feet along said old fence to the northwest corner ofthis tract;
Thence through the said Santina tract as follows:
N 75° 06' 27" E -31.50 feet;
S 14° 53' 33" E -702.88 feet;
N 76° 35' 04" E -633.17 feet;
N 10° 54' 24" W -104.65 feet;
N 79° 05' 36" E -15.00 feet to the southwest right-of-way line of the Union Pacific
Railroad at a point from where the City of College Station monument no. 134 bears
N 8° 24' 34" W -6363.3 feet;
Thence S 10° 54' 24" E -119.00 feet along said right-of-way line to the Point of Beginning and
containing 0.521 acres of land more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986) datum,
based on 1994 City of College Station GPS control monument no. 134
and no. 135 (S 67° 45' 23" E).
See survey plat dated January 2009.
RESOLUTION NO. ________ PAGE 16
102
RESOLUTION NO. ________ PAGE 17
103
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, Texas
(979) 693-2777
Proposed 20' Temporary Easement
Dorothy Santina Tract
Samuel Davidson Survey A-13
Brazos County, Texas
22 January 2009
All that certain tract or parcel of land lying and being situated in the Samuel Davidson survey,
Abstract No. 13, in Brazos County, Texas, being a part of that 83.84 acre tract conveyed to
Dorothy N. Santina by deed recorded in Volume 330, Page 712 of the Deed Records of Brazos
County, Texas, being an easement Twenty Feet (20') in width lying 15' north of the existing 15'
waterline easement to Wellborn Special Utility District described in Volume 3433, Page 265 of
the Official Public Records of Brazos County, Texas, and being more particularly described as
follows:
Beginning at a point in the southwest line of the Union Pacific Railroad right-of-way N 10° 54'
24" W -119.00 feet from the northwest line of the said Wellborn Special Utility District
easement 50' from the centerline of the railroad tract, at a point from where the City of College
Station monument no. 134 bears N 8° 24' 34" W -6363.3 feet;
Thence N 10° 54' 24" W -20.00 feet along said railroad right-of-way;
Thence through the said Santina tract as follows:
S 79° 05' 36" W -35.00 feet;
S 10° 54' 24" E -105.50 feet;
S 76° 35' 04" W -594.54 feet;
N 14° 53' 33" W -703.39 feet;
S 75° 06' 27" W -51.50 feet to the occupied southwest line of the said Santina tract;
Thence S 14° 53' 33" E -20.00 feet along an old fenceline to a southwest comer of this tract;
Thence through the said Santina tract as follows:
N 75° 06' 27" E -31.50 feet;
S 14° 53' 33" E-702.88 feet;
N 76° 35' 04" E -633.17 feet;
N 10° 54' 24" W -104.65 feet;
N 79° 05' 36" E -15.00 feet to the Point of Beginning and containing 0.683 acres ofland
more or less.
Bearings are Texas State Plane, Central Zone NAD83(1986) datum,
based on 1994 City of College Station GPS control monument no. 134
and no. 135 (S 67° 45' 23" E).
See survey plat dated January 2009.
RESOLUTION NO. ________ PAGE 18
104
RESOLUTION NO. ________ PAGE 19
105
106
February 12, 2009
Consent Agenda Item No. 2i
Clean Green Brush Disposal
Annual Exemption
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion to approve an annual purchase
order in the amount of $58,000 for disposal of heavy brush at the City of Bryan Composting
Facility. This item is exempt from competitive bidding as described in Texas Local Government
Code, Chapter 252.022.
Recommendation(s): Staff recommends approval of the purchase request for the City of Bryan
Composting Facility in the amount of $58,000 for brush disposal.
Summary: 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. The Sanitation Division initiated clean green brush collection operations for residential
customers in 1994. This operation diverts brush and yard waste from disposal at the landfill and
transports it to the composting facility for recycling. The Sanitation Division has diverted over
31,000 tons of waste since program inception, and the tonnage disposed has increased annually
with growth in the City's residential areas.
The Sanitation Division is currently being charged $21.50 per ton for material disposed of at the
facility, and will expend approximately $58,000 for brush collected during FY09.
Budget & Financial Summary: Funds are budgeted and available in the sanitation solid waste
fund, residential collection division.
Attachments: None
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108
February 12, 2009
Consent Agenda Item No. 2j
Intersections Controlled with Stop Signs
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance modifying Chapter 10, “Traffic Code,” Section 2.D of the Code of Ordinances of
the City of College Station by updating the Traffic Control Device Inventory – Schedule III.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: This item will modify Chapter 10, “Traffic Code,” by updating schedule III of
the Traffic Control Device Inventory to add STOP signs on the:
1) northbound approach of New Port at its intersection with Barron Road, and
2) intersection approaches of Congressional Drive with St. Andrews.
This ordinance also repeals the ordinance allowing stop signs on the St. Andrews
intersection approaches with Congressional Drive. Recently, the middle section of St.
Andrews between Congressional Drive and Jupiter Hill Court was constructed, completing
the minor collector. Prior to the completion of the roadway, an ordinance had been passed
allowing stop signs to be placed on the St. Andrews approaches to the intersection with
Congressional because at the time, Congressional Drive was shown on the Thoroughfare
Plan to extend from the Pebble Creek subdivision out to the SH 6 Frontage Road. Since that
time the Thoroughfare Plan has been amended so that a new street, Birkdale, will
eventually make the connection to SH 6 instead of Congressional Drive.
Budget & Financial Summary: The “Stop” signs are planned operation and maintenance
expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Map of New Port at Barron Rd.
3. Map of St. Andrews and Congressional Drive
109
110
111
112
113
February 12, 2009
Consent Agenda Item No. 2k
Intersections Controlled with Yield Signs
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance modifying Chapter 10, “Traffic Code,” Section 2.E of the Code of Ordinances of
the City of College Station by updating the Traffic Control Device Inventory – Schedule IV.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: This item will modify Chapter 10, “Traffic Code,” by updating schedule IV of
the Traffic Control Device Inventory to add YIELD signs on the Arrington Road intersection
approaches to the roundabout located in the northwest quadrant of the SH 6 and SH 40
interchange. Requiring traffic entering a roundabout to yield to vehicles already on the
roundabout is standard practice and required according to the Texas Manual on Uniform
Traffic Control Devices.
Budget & Financial Summary: The “Yield” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Map
114
115
116
117
February 12, 2009
Consent Agenda Item No. 2L
Agreement with the Brazos Valley Softball Umpires Association
for Officiating Services for Athletic Leagues and Programs
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding an Agreement
for Services with the Brazos Valley Softball Umpires Association to provide officiating
services for City athletic leagues and programs (Contract Number 09-085) in an amount not
to exceed $128,980.00 per year.
Recommendation(s): Staff recommends approval of the Agreement for Services with the
Brazos Valley Softball Umpires Association.
Summary: This contract replaces Contract Number 07-102, which has met the end of its
available renewals. The contract is for the provision of all officiating services for all city-
operated athletic leagues and programs, including Adult and Youth Softball, Adult and Youth
Flag Football, Adult and Youth Volleyball, and Youth Basketball. This new contract will
expire on December 31, 2009 and may be extended annually for an additional two years.
This Agreement for Services is exempt from competitive bidding in accordance with LGC
252.022(a)(7), a procurement that is available from only one source.
Budget & Financial Summary: Funds are budgeted and available in the City’s General
Fund Budget for the Parks and Recreation Department. These costs are partially offset by
the registration fees adopted by the City Council on November 24, 2008. The affected
programs all meet the current Fiscal Policy for cost recovery. The contract is for a total
amount not to exceed $128,980.00 per year for all leagues and programs.
Attachments:
1) Contract Number 09-085
118
119
120
121
122
123
February 12, 2009
Consent Agenda Item No. 2m
Weingarten Litigation Expenditures
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion to authorize funds for
professional legal services from Coats Rose Ryman and Lee for litigation concerning the
Weingarten Realty suit. Legal costs and expert costs are estimated to be $650,000.
Recommendation(s): Staff recommends approval of retaining Coats Rose Ryman and Lee
to represent the City for litigation concerning the Weingarten Realty suit.
Summary: Weingarten Realty is suing the City of College Station and City Council members
Dave Ruesink, Lynn McIlhaney, Mayor Ben White and former mayor Ron Silvia as a result of
the City’s denial of Weingarten’s application to rezone an undeveloped parcel of land located
at the corner of State Highway 6 and Rock Prairie Road.
Budget & Financial Summary: Funds are available in the Property Casualty Fund. A
budget amendment may be needed later this fiscal year to provide additional appropriation
for this expenditure.
Attachments:
None
124
February 12, 2009
Consent Agenda Item No. 2n
Signature Event Rejection of Proposals
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion rejecting proposals received for
RFP #08-99 for design, production and event management services related to a signature event for
the City.
Recommendation(s): Staff recommends rejection of all currently held proposals for the design,
production and event management services of the signature event. Further, staff is moving
forward with the signature event task force as the City Council directed at their January 8, 2009
meeting.
Summary: On October 13, 2008 staff released a Request for Proposals for firms seeking to submit
proposals related to the design, production, and event management services of a signature event
for the City. Staff has evaluated all proposals submitted as of the November 24, 2008 deadline.
None of the proposals submitted accomplished the principal goal of capturing what makes College
Station a unique and exciting place to live, work, and visit. Nor did they rise to the level of what is
believed to be an event appropriate for the stature and position of the community. Staff believes
that both are critical for a successful signature event that seeks to enhance tourism, further
diversify the local economy and continue to improve on the community’s high quality of life.
Budget & Financial Summary: Not applicable
Attachments: N/A
125
February 12, 2009
Consent Agenda Item No. 2o
Chimney Hill Shopping Center Property Management Rejection of Proposals
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion rejecting proposals received from
RFP #09-16 for property management services at the Chimney Hill Shopping Center.
Recommendation(s): Staff recommends rejection of proposals for the property management of
the Chimney Hill Shopping Center. Further, staff recommends that all maintenance and
management responsibilities at Chimney Hill be handled directly by the City.
Summary: On November 17, 2008 staff released a Request for property management services at
the City’s recently-acquired Chimney Hill Shopping Center, which was purchased for redevelopment
as a convention center. By the submittal deadline of December 3, 2008, two responses were
received. The lowest proposal received is significantly greater than what City staff considers being
responsible or appropriate for the services needed. In reviewing the proposals, staff has
determined that the project could be handled “in-house” for approximately half the cost.
There are several factors that enable staff to perform this function at a much lower cost than a
private sector firm. First, staff has the existing expertise to perform the necessary operations in
property management. Secondly, staff will utilize existing maintenance contracts held by Facilities
for the Chimney Hill Shopping Center which have already been through the City’s bid processes,
when available. Staff will also work with Facilities in submitting bid documents as needed.
Budget & Financial Summary: The proposals received had a total annualized cost of between
$48,900 and $67,750. These amounts included the common area maintenance costs that are
recoverable from the tenants. Staff estimates keeping these operations in-house will cost
approximately $30,000 annually and thus save the City a significant amount of financial resources.
Attachments: N/A
126
February 12, 2009
Consent Agenda Item No. 2p
Northgate Traffic Control Bollard Installation
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
awarding a construction contract to Jamail & Smith Construction, in the amount of
$96,538.89, for the purchase of twenty-seven (27) and installation of twenty-six (26) traffic
control bollards in the Northgate District.
Recommendation(s): Staff recommends approval.
Summary: On June 26, 2007, the Council directed staff to initiate the planning, design and
installation of a permanent traffic control system to enhance pedestrian safety and traffic
control in Northgate.
The system to be installed is the Cal Pipe Model 04040 thirty-six inch retractable bollard
that will be deployed by the Police Department between the hours of 10:00 P.M. to 3:00
A.M. on Thursday, Friday, and Saturday evenings at the following locations:
- University Drive and College Main
- College Main and Patricia Street
- College Main and Church Avenue (Half-closure except for special events)
- Patricia Street and Lodge Street (Set back approximately 20’ from Lodge Street)
This Buy-Board contract is to provide for the purchase and installation of the
aforementioned bollards and all associated hardware, and the purchase of a spare bollard
for rapid deployment in the event that one becomes damaged. The installation of these
bollards will help manage vehicular congestion and improve overall pedestrian safety in the
district.
Implementation of this project is to be an inter-departmental effort between Economic &
Community Development (ECD) and Public Works. ECD staff will execute the contract and
process payments, while Public Works will provide direct project oversight and supervision
in the field.
Budget & Financial Summary: The funding for this project will come from the
Certificate(s) of Obligation (CO) originally issued for a water-feature project in the amount
of $321,161. The CO amount was released for other capital improvement projects,
including the bollard system, at the June 26, 2008 City Council Workshop meeting. This
purchase is being made off the Buy-Board contract which satisfies requirements for
competitive bidding.
Attachments:
1) Resolution
2) Jamail & Smith proposal letter
127
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3
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1
3
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3
2
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3
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7
February 12, 2009
Consent Agenda Item No. 2q
Purchasing Card Follow-up Audit Report
To: Mayor and Members of the City Council
From: Ty Elliott, City Internal Auditor
Agenda Caption: Presentation, possible action, and discussion concerning the City
Internal Auditor’s Purchasing Card Follow-up Audit Report.
Recommendation(s): None
Summary:
The purpose of the purchasing card follow-up audit was to determine whether the City
Manager and Chief Financial Officer had taken appropriate corrective measures in response
to the ten audit recommendations put forth in the purchasing card audit report.
Seven out of the ten audit recommendations were found to be fully implemented. The
remaining three audit recommendations were found to be partially implemented—although
there was significant improvement. The City Manager and the Chief Financial Officer are
currently taking measures to fully implement these three audit recommendations, and they
are committed to continually look for ways to improve the purchasing card program.
Attachments: Purchasing Card Follow-up Audit Report
138
Page 1
TO: Audit Committee Members
FROM: Ty Elliott, City Internal Auditor
DATE: January 29, 2009
SUBJECT: Purchasing Card Follow-up Audit Report
The purchasing card follow-up audit was conducted in accordance with the fiscal year 2009 audit plan.
This audit report summarizes the purchasing card audit recommendations, management’s responses, and
the audit follow-up findings (which describe how city management has implemented the auditor’s
recommendations). This audit was conducted in accordance with government auditing standards, which
are promulgated by the Comptroller General of the United States.
1. Audit Recommendation: The City Manager should issue a directive that every city performance
evaluation has a section dealing with compliance with city policy. In addition, employees who
conduct performance evaluations should be instructed to (1) incorporate the proper use of the card
as a factor in the evaluation and (2) hold approving officials accountable for performing adequate
timely reviews as part of the evaluation.
Management Response: The City Manager concurs with this recommendation. Employees should
already understand that being in compliance with city policy is required of employment. But to
ensure this is happening, staff will be directed to include compliance with city policies as part of
annual employee evaluations.
Audit Follow-up Finding: The City Manager gave verbal and written instruction to the
Management Team on April 23, 2008. A reminder notice was sent to all city staff on November 15,
2008. The City Manager directed the city staff as follows:
“Employees who conduct performance evaluations should be instructed to (1)
incorporate the proper use of the procurement card as a factor in the evaluation (if
applicable); (2) hold employees who approve procurement card transactions accountable
for performing adequate timely reviews as part of the evaluation; and (3) all other city
policies and procedures must be adhered to.”
In order to determine the effectiveness of the City Manager’s directive, I reviewed at least one
randomly selected performance evaluation from each department . I could not find any language
within the performance evaluation relating to policies and procedures for the Department of Planning
and Development Services. All other departments had evaluation criteria directly related or loosely
related to compliance with city policies and procedures. There was also evidence that depart ments
TY ELLIOTT
City Internal Auditor
telliott@cstx.gov
CITY INTERNAL AUDITOR’S OFFICE
1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842
TEL: (979) 764-6269
FAX: (979) 764-6377
AUDIT COMMITTEE
Councilmember Lawrence Stewart
Councilmember Lynn McIlhaney
Councilmember James Massey
139
Page 2
were evaluating employees’ compliance with purchasing card policies and procedures. This is a
significant improvement over last year, when only Police and Parks and Recreation departments had
criteria on their performance evaluations related to compliance with city policies and procedures.
2. Audit Recommendation: Purchasing card spending limits should be established that are
commensurate with the needs of the cardholder. The City Manager should direct departments to
adjust their cardholders’ monthly and single transaction limits based on an evaluation of cardh olders’
needs. One way this could be accomplished is to use the automated reporting tools available in the
PaymentNet system to perform a spending analysis. The spending analysis may reveal that
cardholders’ of similar position have comparable spending needs that require no more than a certain
purchasing card threshold.
Management Response: The City Manager concurs with this recommendation, and would like to
review the spending analysis to be performed. If different spending limits were used, the goal would
be to group similar categories of staff together. It would not be feasible for each employee to have a
different limit.
Audit Follow-up Finding: Each department director submitted to the Department of Fiscal
Services recommended changes for each cardholder in their respective department based on the
following categories: (1) maximum limit per transaction: $3,000, $1,500, $1,000, and $500 and (2)
maximum limit per month $10,000, $5,000, $3,000, and $1,000. As a result, single transaction limits
were reduced by $517,929 or 36.2 percent and monthly transaction limits were reduced by
$2,067,300 or 41.5 percent. The tables below summarize the changes the city has made with
cardholder transaction limits in order to fully implement the audit recommendation.
Current Monthly Transactions Limits
Category Cards
% of
Total Amount
% of
Total
$10,000 169 32.6% $1,690,000 57.9%
$5,000 159 30.7% $795,000 27.2%
$3,000 122 23.6% $366,000 12.5%
$1,000 68 13.1% $68,000 2.3%
Totals: 518
$2,919,000
Previous Monthly Transactions Limits
Category Cards
% of
Total Amount
% of
Total
$25,000 2 0.4% $50,000 1.0%
$10,000 478 92.3% $4,780,000 95.9%
$5,000 22 4.2% $110,000 2.2%
$4,000 7 1.4% $28,000 0.6%
$3,000 5 1.0% $15,000 0.3%
$1,000 3 0.6% $3,000 0.1%
$300 1 0.2% $300 0.0%
Totals: 518
$4,986,300
Current Single Transaction Limit
Category Cards
% of
Total Amount
% of
Total
$2,999 166 32.0% $497,834 55.7%
$1,500 156 30.1% $234,000 26.2%
$1,000 129 24.9% $129,000 14.4%
$500 67 12.9% $33,500 3.7%
Totals: 518
$894,334
Previous Single Transaction Limit
Category Cards
% of
Total Amount
% of
Total
$5,000 2 0.4% $10,000 0.7%
$2,999 437 84.4% $1,310,563 92.8%
$2,000 14 2.7% $28,000 2.0%
$1,500 8 1.5% $12,000 0.8%
$1,000 45 8.7% $45,000 3.2%
$800 3 0.6% $2,400 0.2%
$500 8 1.5% $4,000 0.3%
$300 1 0.2% $300 0.0%
Totals: 518
$1,412,263
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3. Audit Recommendation: The City Manager should direct department heads to evaluate whether
or not all the employees who are issued a card, within their respective departments, need a
purchasing card to better perform their essential job duties.
Management Response: The City Manager concurs with this recommendation. Please provide a
list of employee purchasing card usage which will be provided to department directors to determine if
employees need a purchasing card to perform essential job duties.
Audit Follow-up Finding: Each department director submitted to the Department of Fiscal
Services recommended changes to each cardholder in their respective department . As a result,
approximately 85 cards were recommended to be deleted. However, several cardholders were added
during this period—resulting in a net decrease of 9 cardholders. Approximately 60 percent of the city
workforce was issued a purchasing card when the purchasing card audit was conducted. Currently,
approximately 57 percent of the city workforce has been issued a purchasing card.
There is evidence of cardholders who are issued purchasing cards that may not need them. For
example, I identified 9 cardholders who were issued purchasing cards prior to fiscal year 2008 and
did not make any transactions within the fiscal year. Two of these cardholders were issued
purchasing cards prior to fiscal year 2007 and did not make any transaction during fiscal year 2007
and fiscal year 2008. Although it is clear that efforts have been made to implement the audit
recommendation, there is still room for improvement in this area.
4. Audit Recommendation: The Chief Financial Officer should work with department directors to
ensure that (1) there are no cardholders who are approving officials for their supervisors and (2) all
approving officials are sufficiently independent and of a sufficient rank to question the cardholder
when additional information is needed about specific transactions.
Management Response: Management concurs and will establish internal controls that ensure that
(1) there are no cardholders who are approvi ng officials for their supervisors and (2) all approving
officials are sufficiently independent and of a sufficient rank to question transactions.
Audit Follow-up Finding: The Department of Fiscal Services has contacted several individuals and
groups to establish better purchasing card transaction approval controls. Corrective measures have
been taken in Economic Development, Fire, Fleet, and Communication departments. However, I
identified 12 approving officials who were not sufficiently independent and of sufficient rank to
question the transactions of cardholders. Several of these approving officials approved transactions
of their supervisors within the last 6 months.
5. Audit Recommendation: The Chief Financial Officers should correct situations where the
responsibilities of cardholders, approving officials, and program coordinators overlap.
Management Response: Management concurs, and will review and establish internal controls that
prevent a program administrator (coordinator) from also approving subordinate program
administrator transactions. A program administrator is restricted from approving their own
transactions. Management will review current internal controls and consider revisions to address the
recommendation.
Audit Follow-up Finding: The Department of Fiscal Services has taken the corrective action
necessary to ensure that the responsibilities of cardholders, approving officials, and program
coordinators do not overlap.
6. Audit Recommendation: The purchasing card currently preemptively blocks purchases from six
vendor categories not reasonably related to city purchasing needs. The Chief Financial Officer should
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consider additional vendor categories the purchasing card could block in order to further take
advantage of preventive controls and minimize the city’s risk exposure.
Management Response: Management concurs and will investigate other Merchant Category Code
restrictions that could be put on all cards in order to further take advantage of preventa tive controls
and minimize the city’s risk exposure. Management will consider whether restricting certain cards
use solely for travel and training would help restrict the number of general procurement cards
outstanding.
Audit Follow-up Finding: The Department of Fiscal Services has revised the city’s acceptable
merchant category code list and has submitted this list JPMorgan Chase. As a result, several
additional questionable merchant categories have been blocked from cardholder use.
7. Audit Recommendation: The Chief Financial Officer should implement procedures for purchasing
card coordinators to prevent multiple purchasing cards from being issued to an employee who
transfers from one department to another. For example, prior to issuing a card, the program
coordinator could query the PaymentNet system for a card applicant to see if the employee has
already been issued a card.
Management Response: Management concurs. Issuing administrators will confirm there are no
duplicate entries/cardholder prior to issuing a new card beginning immediately.
Audit Follow-up Finding: The Department of Fiscal Services has implemented a procedure of
checking each application for duplicate cardholders before a purchasing card is issued. I also
reviewed PaymentNet records and verified that the re are currently no active cardholders who have
been issued multiple purchasing cards.
8. Audit Recommendation: Because transactions are not approved or declined instantaneously
based on the number of transactions allowed per day or per month, the Chief Financial Officer should
remove this statement from the purchasing card policies and procedures manual.
Management Response: Management concurs that the policy should be revised. The
procurement policy will be reviewed to determine what changes, if any, sh ould be made to ensure
appropriate controls are in place regarding purchasing card transactions. Any revised policy will then
be communicated to the organization and implemented.
Audit Follow-up Finding: The 2008 Purchasing Manual was revised and the st atements noted
above have been stricken from the manual as approved on May 15, 2008.
9. Audit Recommendation: The Chief Financial Officer should improve mandatory purchasing card
training in the following ways: (1) instruct cardholders on how they should be properly and timely
reconciling their purchasing card accounts, (2) stress the importance of keeping purchasing cards
signed and in a secure place, (3) present examples of the proper types of documentation necessary
to support the legitimate business purpose of purchasing card transactions, and (4) explain the
rationale for the necessity of timely review and approval of transactions.
Management Response: Management concurs and will develop and implement enhanced
purchasing card training for cardholders covering all aspects of the purchasing card program
including reconciliation and documentation, and ramifications of non compliance with established
policy. These ramifications could include ca nceling individual cards for non-compliance, and/or
securing personal repayment of purchases not in full compliance with policy.
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Audit Follow-up Finding: The Department of Fiscal Services has made significant enhancements
to purchasing card training in order to fully implement the audit recommendation.
10. Audit Recommendation: The Chief Financial Officer should consider using additional automated
monitoring tools available, such as the declined transaction report or the transaction audit report.
The Chief Financial Officer should also consider instructing approving officials to use additional
automated tools at various levels throughout the city.
Management Response: Management concurs and will enhance staff training on the automated
oversight tools available.
Audit Follow-up Finding: The Department of Fiscal Services has developed a procedure wherein
program administrators furnish the Chief Financial Officer and assistant finance directors with (1)
monthly and quarterly usage reports and (2) declined transaction and transaction audit reports on a
periodic basis. In addition, missing receipts and unapproved transaction reports are emailed to all
directors on a monthly basis.
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February 12, 2009
Consent Agenda Item No. 2r
Land Acquired by Condemnation for Twin Oaks Landfill
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion concerning a resolution
approving special warranty deeds conveying one-half undivided interest to the City of Bryan
in land acquired by condemnation for Twin Oaks Landfill.
Recommendation(s): Staff recommends approval of the special warranty deeds.
Summary: In July 2008 the City of College Station condemned ten tracts of land in
Grimes County for the Twin Oaks Landfill. Pursuant to the 2003 First Supplemental
BVSWMA Joint Solid Waste Interlocal Agreement between the City of Bryan and the City of
College Station, all real property acquired for the use of the landfills is to be owned as
tenants in common with each City having a one-half undivided interest.
With the exception of one tract in which one of the property owners has filed objections to
the special commissioners’ award, one-half undivided interest in the remaining nine tracts
can now be conveyed to the City of Bryan. Upon the Council’s approval of the attached
Special Warranty Deeds conveying the interest, the signed deeds will be recorded in the
Official Records of Grimes County.
Budget & Financial Summary: N/A
Attachments:
1. A resolution will be delivered to the Council at the meeting.
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February 12, 2009
Regular Agenda Item No. 1
Public Hearing and Consideration of Budget Amendment # 2
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public Hearing, possible action, and discussion on an ordinance
Budget Amendment #2 amending ordinance number 3114 which will amend the
budget for the 2008-2009 Fiscal Year and authorizing amended expenditures in the
amount of $614,535 and increase the number of regular full-time positions in the
budget by nine; and presentation, possible action and discussion on several
contingency transfers.
Recommendation(s): Staff recommends the City Council hold the public hearing
on Budget Amendment #2, and approve the budget amendment ordinance. Staff
recommends the City Council approve the budget transfers.
Summary: The proposed budget amendment is to increase the appropriations for
the items listed below by $614,535 and to increase the number of regular full-time
positions in the budget by nine. The charter of the City of College Station provides
for the City Council to amend the annual budget in the event there are revenues
available to cover increased expenditures and after holding a public hearing on such
budget amendment. A number of items have been identified that need to be
considered in a budget amendment. In addition, several contingency transfer items
are included below. Contingency transfers do not increase or decrease the overall
budget. Rather, the contingency transfers shift resources within a fund. Contingency
transfers greater than $15,000 require Council approval and are therefore included
as part of this Budget Amendment documentation. Attached is a list of the items in
the proposed budget amendment as well as those in the proposed budget transfer.
The nine additional positions being added are in the Police Department and are part
of the implementation of the Police Department reorganization as discussed at the
December 11, 2008 City Council Meeting. Funds for these positions were included in
the approved FY 2009 Police Department Budget.
Budget & Financial Summary: The City has resources or can reasonably expect
resources to cover each of the appropriations in this budget amendment. Budget
transfers do not affect the overall budget within a fund; they shift resources within
the fund.
Attachments:
1. Budget Amendment #2 Detail List, Budget transfer detail list
2. Ordinance
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Fiscal Year 2008-2009 Budget Amendment #2 Detail Listing
The proposed budget amendment is to increase the appropriations for the items listed below by $614,535. In addition,
several General Fund contingency transfer items are included below. Contingency transfers do not increase or decrease the
overall budget. Rather, the contingency transfers shift resources within a fund. Contingency transfers greater than $15,000
require Council approval and are therefore included as part of this Budget Amendment documentation. Increases to
personnel also require Council approval.
1. Scheduling System - Police Department: $71,300 (CO’s)
This item will appropriate funds in the General Fund for the implementation of the Telestaff Scheduling System by
the Police Department. This will provide the Police Department the same type of scheduling used in the Fire
Department, and will expedite the creation of work schedules, rosters, back-fill for absentees, and entry of work
hours in the payroll system. The expenditure and debt issue to fund this project was projected to be completed in
FY10. However, the Police Department and Information Technology have agreed to move this project forward to
FY09. This appropriation will be funded by Certificates of Obligation that will be issued in FY09.
2. Police Department Full-Time Equivalent (FTE) Employee Additions: 9 FTE employees
This item increases the FTE personnel count by 9 FTE employees in the General Fund. These FTE employees will
be added to the Police Department budget as a result of the Management Review of the Police Department by
Buraker and Associates, combined with Chief Ikner’s new Community Policing philosophy. The FTE positions
created by this item are: 3 Additional Patrol Officers, 1 Civilian Accreditation Manager, 1 Jail Supervisor, 1 Patrol
Lieutenant, 1 Police Assistant, 1 Clerical Assistant, and 1 Secretary/Receptionist. The funding for these positions is
included in the FY09 budget as part of the $600,000 Service Level Adjustment (SLA) that was approved for phasing-
in the implementation of the Management Review recommendations.
3. Mobile Video Camera Replacement - Police Department - $260,000 (Budget Amendment)
This item will appropriate funds in the Equipment Replacement fund to upgrade the existing in-vehicle video
systems used in Police Department patrol cars to fully digital systems and add mobile video capabilities to the
Department's motorcycle patrol fleet. The funds to replace these systems will come from SLAs that were approved
to transfer funds from the Police Department to the Equipment Replacement Fund in the FY 08 ($98,550) and FY09
($98,550) budgets. The remaining funds ($62,900) will be transferred to the Equipment Replacement fund from
the Police Department as part of the $600,000 FY 09 SLA for the implementation of the findings from the
Management Review conducted by Buraker and Associates. Once these transfers are complete, the funds for this
appropriation will be available in the Fund Balance of the Equipment Replacement Fund.
4. Legal Fees: $182,000 (Budget Amendment)
This item is for the appropriation of funds in the amount of $182,000 for the estimated legal expenses associated
with the litigation with the City of Bryan pertaining to BVSWMA. These funds will be budgeted in the General Fund
and are available in the General Fund balance.
5. Roadway Impact Fee Study - $57,000 (Budget Amendment); $30,000 (General Fund Contingency Transfer)
This item will appropriate funds for a roadway impact fee study as directed by Council. The goal of the study is for
the consultant to lead in the development and implementation of a Roadway Impact Fee policy for the City of
College Station. Funding was approved as part of budget amendment #3 in FY08, but was not able to be spent in
FY08. Funds for this item were not included in the FY09 Approved Budget. This item will appropriate funds in the
amount of $87,000 for the study. $30,000 of this appropriation will come from General Fund contingency and will
be appropriated to the Public Works Engineering budget. As contingency transfers greater than $15,000 must be
approved by Council, this item will provide for approval of the contingency transfer. The additional $57,000 will be
appropriated in the Streets Capital Improvement Projects budget and is available in the Streets Capital
Improvement Projects fund balance.
6. Emergency Management Maintenance: $16,268 (General Fund Contingency)
These funds are needed to pay for the annual maintenance fee for the maintenance of the UPS battery system, up
keep of our portable radio cache of emergency radios, electricity for the AM radio station. WEB EOC security
software, communications maintenance and emergency management training at the Community Emergency
146
Operations Center. This amount represents our share of the costs for the CEOC operational equipment.
Contingency transfers greater than $15,000 must be approved by Council. Therefore this item will provide for
approval of the contingency transfer from the General Fund.
7. KBTX Advertising: $18,200 (General / Utility Fund Contingency)
This was an opportunity that presented itself after the budget had been approved. Through a City Manager
directive, the Public Communications Department has purchased programming time on KBTX. The city's news
show "College Station Now" airs every Sunday, at 7:30am. Plus, the city received ad time to promote other
programs and services. For example, the current ad that is running is one that promotes the city's party patrol
hotline with Neighborhood Relations. Contingency transfers greater than $15,000 must be approved by Council.
Therefore this item will provide for approval of the contingency transfer from the General Fund.
8. Images Magazine: $22,575(General / Utility Fund Contingency)
This was an opportunity that presented itself after the budget had been approved. Through a City Manager
directive, the Public Communications Department created an 8-page insert on College Station that appeared in
business magazine. The magazine is distributed throughout the Bravos valley, and includes an insert from the City
of Bryan. This ad purchase allowed the city to maintain its presence in the business community. Contingency
transfers greater than $15,000 must be approved by Council. Therefore this item will provide for approval of the
contingency transfer from the General Fund.
9. TAMU Athletics Sponsorship/Signage, $30,000 (General / Utility Fund Contingency)
This opportunity has recently been offered to the city. TAMU presented the city the option of prime advertising in
Reed Arena at the scoreboard and at Olsen Field below the scoreboard. Both are highly sought after ad locations.
The city will be able to change out the messages of the ads. For example, one month it could focus on the city's
brand of "home of Texas A&M University", and the following month it could promote "Wind Watts". In addition,
the city would get to public relations venues. One at the family zone outside of Kyle Field for all home football
games and the other outside of Olsen Field for Saturday Big 12 baseball games. These would allow city
departments (police, parks, recycling, etc.) more face to face communication with residents. Contingency transfers
greater than $15,000 must be approved by Council. Therefore this item will provide for approval of the
contingency transfer from the General Fund.
10. Vehicle for new Construction Inspector: $25,000 (Water Fund Contingency Transfer, Budget Amendment)
The recent addition of a construction inspector position did not include money for the purchase of a fleet vehicle
for this position. This request is to transfer money from Water Fund contingency funds and appropriate the
purchase of the vehicle in the Equipment Replacement Fund. This vehicle will be added to the fleet inventory and
amends the FY09 Approved New Fleet Purchases portion of the FY09 Approved Annual Budget. All other
miscellaneous supplies for this position will be absorbed by the Public Works budget for the remainder of FY09.
Funds are available in the Water Fund contingency account for this purchase. Contingency transfers greater than
$15,000 must be approved by Council. Therefore this item will provide for approval of the contingency transfer
from the General Fund.
11. Office of Assistant Secretary of Preparedness and Response (OASPR) Grant: $7,000
This 100% federal grant (CFDA #93.889) provided for equipment purchases by the Emergency Management
Division of the Fire Department to enhance the response capabilities to terrorist threats or catastrophic events.
The disbursement of these funds and the approval of grant participation went to Council January 22, 2009 as
Consent item #2q. This $7,000 budget amendment increases the Fire Department’s budget for the purchase of the
equipment and recognizes the federal grant revenue in the General Fund budget.
12. Governor’s Division of Emergency Management (GDEM) FY07 Homeland Security Grant: $12,235: This item is for
the re-appropriation of resources for the grant the City of College Station has been awarded through the GDEM.
The funds will be used by the Emergency Management division to purchase equipment that will enhance the City’s
response capabilities to terrorist threats or incidents. The Federal Grant Award Number is 2007-GE-T7-0024. The
City will be reimbursed 100% of expenses. $5,505 will be appropriated to the Law Enforcement Terror project
(GG0805) and $6,730 will be appropriated to the Homeland Security Grant (GG0803). The grant funds will be
available in the General Fund balance.
147
148
February 12, 2009
Regular Agenda Item No. 2
2849 Barron Road Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance rezoning 3.67 acres from C-3, Light Commercial to PDD, Planned Development
for the property located at 2849 Barron Road generally located at the southeast corner of
William D. Fitch Parkway and Barron Road.
Recommendation(s): The Planning and Zoning Commission voted 5-1 at their
January 15th meeting to recommend approval of the rezoning as presented with the
condition that no restaurant drive-thrus are allowed. Staff recommended approval of the
request.
Summary:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan in this area
calls for Retail Neighborhood. This designation is intended to permit “neighborhood-scale
development of tax-generating developments such as small retail centers, service
commercial, restaurants, etc. these uses are generally dependent on good access to
local arterials.” The Plan references examples such as small scale commercial located in
Northgate and Southside as examples of Retail-Neighborhood.
The current zoning of the property is C-3, Light Commercial which is a typical zoning
district used for areas planned for Retail-Neighborhood. This district must be less than 5
acres and the permitted uses are moderately low traffic generators that have little
impact on adjacent areas or on adjacent thoroughfares. This district specifically prohibits
drive-thrus, which are only allowed in C-1 and NG-2 by right as auto-oriented business
that utilize drive-thrus will typically draw from a larger surrounding area than would be
appropriate for neighborhood-oriented retail.
A Planned Development District, PDD, is intended to promote and encourage innovative
development that is sensitive to surrounding land uses and to the natural environment.
According to the applicant, the intent of the proposed PDD is to create a zoning district
that will integrate light commercial uses and drive-thrus in such a way as to be
compatible with developing lower density residential uses. The attached concept plan
has two structures. The first is a large 15,000 square foot building with a drive-thru in
the center of the site. The second is a 2,500 to 5,000 square foot building that with no
drive thru which will help buffer the building with the proposed drive-thru from adjacent
residential.
Staff supports the provision of drive-thrus, which would otherwise only be allowed in a
C-1 district, for a neighborhood retail area for uses such as small banks, dry cleaners,
restaurants and pharmacies with a neighborhood focus. In keeping with the intent of the
Comprehensive Plan and Unified Development Ordinance, such a request should provide
for an innovative or sensitive design given its close proximity to single-family homes. In
149
its current configuration, the request is consistent with the intent of the Comprehensive
Plan.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The uses requested for the PDD are
those allowed in C-3, with the addition of drive-thrus that are presently excluded in C-3
districts. The proposed uses should be compatible with the surrounding R-1.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The 3.7
acre property is located at the intersection of a future minor arterial and a highway. This
is a suitable location for a small scale commercial development that could serve the
existing Sonoma and Southern Trace residential subdivisions, other existing larger lot
residential in the area, as well as future residential planned for in the area. Being
bounded by the Sonoma subdivision on two sides, there should be special consideration
for the location of the drive-thrus in relation to those shared property lines due to the
traffic noise and lighting that can impact those residences.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
proposed change only includes a change that would allow drive-thrus with the existing
C-3 uses. The size and location of the property is suitable for light commercial uses.
With its proximity to single-family lots, the uses allowed in C-3 are suitable for this
property.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The property is marketable for small scale commercial uses.
6. Availability of water, wastewater, storm water, and transportation facilities
generally suitable and adequate for the proposed use: The subject tract is located
adjacent to an 18 inch water main along Barron and a 24-inch water main along State
Highway 40. The subject tract is located adjacent to an 8 inch sanitary sewer main
which is located near the northeast property corner. The subject tract is located adjacent
to and may take access to either Barron Road (Minor Arterial) and/or State Highway 40
(Freeway); however, access to State Highway 40 would require TxDOT approval and
permitting. TxDOT has indicated in their comments that a deceleration lane would be
required for a driveway in the proposed location off of State Highway 40.
Barron Road is currently built to a local road standard which can safely carry up to 1,000
vehicle trips per day. Widening for this section of Barron Road to a minor arterial
standard was approved with the 2008 Bond Election, and design is underway for
construction to begin in 2010 or 2011. A minor arterial is anticipated to carry up to
30,000 daily trips.
The subject tract is located in the Spring Creek Drainage Basin. There is no FEMA
regulated Special Flood Hazard Area located on this tract. Development of this tract will
be required to meet the City’s Storm Water Design Guidelines. The subject tract is
located in the Spring Creek Sanitary Sewer Impact Fee Area.
CONCEPT PLAN REVIEW CRITERIA
1. The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area: The current character is
largely rural, but with significant development pressure. Southern Trace Subdivision was
150
recently completed, and Phase 1 of the Sonoma subdivision is complete and Westfield
Village further east on Barron Road. The City has also had requests for Comprehensive
Plan amendments for commercial on the west side of State Highway 40 and a rezoning
for another 70 acres of medium density residential on the southwest side of State
Highway 40. The proposed concept plan would provide suburban commercial uses for
the existing and proposed residential in the area, but is largely out of character with the
rural character that primarily exists right now.
2. The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be
consistent with the intent and purpose of this Section: The proposed uses are in
conformance with the Comprehensive Plan goals and policies to provide neighborhood-
focused retail in proximity to residential areas.
3. The proposal is compatible with existing or permitted uses on abutting sites
and will not adversely affect adjacent development: The proposed layout meets
the minimum buffer standards between commercial and residential uses. Additionally,
changes were made to the Concept Plan to remove a drive-thru directly adjacent to the
developing homes and replace it with a building that will help to buffer between the
remaining drive-thru. The applicant will also be required to construct a 6-foot masonry
wall along the shared boundaries with the single-family homes. This will help to reduce
the impact of light and noise from the commercial site, and a detention area provides
further distance from the businesses to the single-family homes. The development of the
site will be required to meet all other minimum development standards for commercial
uses, as the developer is not requesting any meritorious modifications to the City’s
development standards.
4. Every dwelling unit need not front on a public street but shall have access to a
public street directly or via a court, walkway, public area, or area owned by a
homeowners association: All structures in the concept plan front on a public street.
5. The development includes provision of adequate public improvements,
including, but not limited to, parks, schools, and other public facilities: No public
open space is being dedicated with this proposal. The concept plan does incorporate a
detention area for stormwater management on the east side of the property. No
parkland dedication is required for commercial projects, and no voluntary dedications
are proposed.
6. The development will not be detrimental to the public health, safety, welfare,
or materially injurious to properties or improvements in the vicinity: Staff does
not believe that the improvements will be materially injurious to properties in the
vicinity. Although, it may have an impact on the resale value of homes directly adjacent
to the commercial site, and cause inconvenience to those residents due to visibility of lit
signs, as well as noise from order boxes and cars.
7. The development will not adversely affect the safety and convenience of
vehicular bicycle, or pedestrian circulation in the vicinity, including traffic
reasonably expected to be generated by the proposed use and other uses
reasonably anticipated in the area considering existing zoning and land uses in
the area: The proposed zoning is not anticipated to exceed the traffic generation of the
existing C-3 zoning - just under 150 peak hour trips and 1,730 vehicle trips per day.
Currently, this end of Barron Road is constructed as a local road that has a capacity of
1,000 trips per day. In 2006, Barron Road carried 2,080 trips per day between Longmire
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and Victoria and no counts are available west of Victoria. At its current standard, this
development would exceed the capacity on Barron Road.
Conversely, State Highway 40 is a four lane divided highway that is estimated to carry
around 12,000 trips per day. Upon widening, scheduled in 2011, Barron Road should be
able to safely handle the increased traffic. The widening of Barron Road will also
incorporate sidewalks and a bicycle lane. Pedestrian movement is not depicted on the
plan; however, a note states that sidewalks will be provided along Barron Road either
with this project or with the Barron Road widening. Bicycle movements were not
addressed; however, bicycle parking is required with all Non-Residential development.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Zoning District Fact Sheet, C-3, Light Commercial
3. Draft Planning and Zoning Commission Meeting Minutes, January 15, 2009
4. Ordinance
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: January 15, 2008
Advertised Council Hearing Dates: February 12, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: 14
Contacts in support: None at the time of Staff Report
Contacts in opposition: None at the time of Staff Report
Inquiry contacts: None at the time of Staff Report
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Minor Arterial None Barron Road
South
Single Family
Residential, Medium
Density
R-1, Single Family Sonoma Subdivision
East
Single Family
Residential, Medium
Density
R-1, Single Family Sonoma Subdivision
West Highway None William D. Fitch
Parkway
DEVELOPMENT HISTORY
Annexation: 1995
Zoning: A-O, Agricultural Open to C-3, Light Commercial, 2006
Final Plat: Unplatted
Site development: Vacant
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UNIFIED DEVELOPMENT ORDINANCE FACT SHEET
C-3 Light Commercial
This district is designed to provide locations for commercial sites that are too small for
many permitted uses in the C-1, General Commercial District. These are moderately
low traffic generators that have little impact on adjacent areas or on adjacent
thoroughfares.
The following supplemental standard shall apply to this district: No C-3 zoning district,
including adjacent C-3 zoning districts, shall exceed a combined total of five acres in
area.
Permitted Uses:
• Educational Facility, Indoor Instruction
• Educational Facility, Primary & Secondary
• Government Facilities
• Health Care Facility, Medical Clinics
• Parks
• Places of Worship
• Animal Care Facility, Indoor
• Art Studio, Gallery
• Day Care, Commercial
• Health Club/Sports Facility, Indoor
• Offices
• Parking as a Primary Use
• Printing / Copy Shop
• Radio/TV Station/Studios
• Retail Sales and Services
• Wireless Telecommunication Facilities -Unregulated
Permitted with Specific Use Standards:
• Dry Cleaners & Laundry
• Fuel Sales
• Restaurants
• Sexually Oriented Business
• Storage, Self Service
• Utilities
• Wireless Telecommunication Facilities -Intermediate
Permitted with a Conditional Use Permit:
• Wireless Telecommunication Facilities -Major
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DRAFT MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, January 15, 2009,
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: John Nichols, Noel Bauman, Paul Greer, Doug Slack,
Winnie Garner and Hugh Stearns
COMMISSIONERS ABSENT: Thomas Woodfin
CITY COUNCIL MEMBERS PRESENT: Larry Stewart
CITY STAFF PRESENT: Senior Planner Lindsay Kramer, Staff Planner Jason Schubert,
Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, City Engineer
Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Planning Administrator Molly
Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott, First
Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff
Assistant Brittany Caldwell
7. Public hearing, presentation, possible action, and discussion on a Rezoning from C-3,
Light Commercial to PDD, Planned Development for 3.7 acres located at 2849 Barron
Road generally located at the eastern corner of the intersection of Barron Road and
William D. Fitch Parkway. Case #08-00500313 (LK)
Lindsay Kramer, Senior Planner, presented the Rezoning and recommended approval.
She stated that the applicant had revised the original proposal to remove the drive-thru at
the south end of the property.
There was general discussion regarding the Rezoning.
Chairman Nichols opened the public hearing.
Natalie Ruiz, IPS Group, stated that the development would blend in with the
neighborhood. She also said that traditional uses now have drive-thrus.
Chairman Nichols asked if the owner would be willing to allow a condition on the
Rezoning stating that the drive-thru could not be used for a restaurant.
Dave Lawrence, owner, stated that the condition would be fine.
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Chairman Nichols closed the public hearing.
Commissioner Stearns stated that drive-thrus make communities unwalkable and that the
neighborhood abutting the development should be able to have a say, but will not because
the houses are mostly unoccupied.
Chairman Nichols said that he was supportive of the proposal because it is a Planned
Development.
Commissioner Garner motioned to approve the Rezoning as presented with the
condition that the building could not be a drive-thru restaurant. Commissioner
Bauman seconded the motion, motion passed (5-1). Commissioner Stearns was in
opposition.
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February 12, 2009
Regular Agenda Item No. 3
4270 State Highway 6 - Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on a
request to rezone 10.44 acres from A-O, Agricultural Open, to R-1, Single Family
Residential, at 4270 State Highway 6, abutting Decatur Road next to Spring Creek
Townhomes.
Recommendation(s): The Planning and Zoning Commission recommended approval of
the amendment by a vote of 7 to 0 at their September 18th meeting. Staff also
recommended approval.
Summary: During the October 9, 2008 City Council meeting, staff presented this case
requesting to rezone 10.44 acres from A-O, Agricultural Open to R-1, Single Family
Residential and 3.7 acres from A-O, Agricultural Open to C-1, General Commercial. The C-1
portion of the rezoning was approved; however, Council was uncomfortable with a
residential use abutting the M-1 property which is currently undeveloped. Staff was
instructed to research the possibility of a rezoning on the two adjacent M-1 properties to
allow for development to be consistent with the surrounding residential uses.
With these instructions, staff began contacting the abutting property owners in order to
assess their reaction to a City initiated rezoning. The owner of the property with frontage
along Decatur was in objection with the rezoning of their property without consideration to
their current prospects. Though the owner was reluctant to provide detail regarding the
nature of these prospects, there was an objection to a rezoning of the property in
accordance with the Comprehensive Plan. Staff also mentioned the possibility of rezoning to
the property to R-1, as to be consistent with the surrounding area. The owner was also not
completely receptive to this option. Staff has not continued with a rezoning on this property
due to the owner’s objection.
The second property owner which was contacted has indicated that they, too, would be
opposed to a City initiated rezoning.
Therefore, staff is bringing this case back to City Council for a rehearing in light on this
information.
Budget & Financial Summary: N/A
Attachments:
1. Planning and Zoning Commission Meeting Minutes, September 18, 2008
2. City Council Meeting Minutes, October 9, 2008
3. Background Information
4. Ordinance
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MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, September 18, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Bill Davis, Noel Bauman, Paul
Greer, Doug Slack, Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Planning Administrator Molly Hitchcock, Senior Planners Lindsay
Boyer and Jennifer Prochazka, Staff Planners Jason Schubert, Lauren Hovde, Matt Robinson,
Graduate Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior Assistant
City Engineer Carol Cotter, Transportation Planning Coordinator Joe Guerra, Planning
Administrator Molly Hitchcock, City Engineer Alan Gibbs, Director Bob Cowell, Assistant
Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action
Center Representative Kerry Mullins and Staff Assistants Nicole Padilla and Amber Carter
7. Public hearing, presentation, possible action, and discussion regarding a rezoning of
14.19 acres from A-O, Agricultural-Open, to approximately 3.76 acres of C-1 General
Commercial and 10.44 acres of R-1 Single Family Residential located at 4270 State
Highway 6 South, generally located north of the Spring Creek Gardens Subdivision.
Case #08-500152 (LH)
Lauren Hovde, Staff Planner, presented the rezoning from Agricultural-Open to C-1
General Commercial and R-1 Single Family Residential and recommended approval.
She answered questions in general from Commissioners.
Carol Cotter, Senior Assistant City Engineer, explained that an additional driveway will
be allowed by TXDOT but will be shared with Tower Point Subdivision and the
commercial lot will have another access through the Korean Mission Church.
Chairman Nichols opened the public hearing
Jeremiah Kellam, 22803 Timberlake Creek Road, made himself available for questions
by the Commissioners. The Commissioners had no questions for the Applicant.
Chairman Nichols closed the public hearing.
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Commissioner Davis motioned to approve the item as submitted. Commissioner
Bauman seconded the motion, motion passed (7-0).
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Minutes
City Council Workshop & Regular Meeting
Thursday, October 09, 2008 at 3:00 PM & 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor ProTem McIlhaney, Council members Maloney
Crompton, Massey, Ruesink and Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, City Attorney Cargill
Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
Mayor White called meeting to order at 3:00 p.m.
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion
regarding a rezoning of 14.19 acres from A-O, Agricultural-Open, to approximately 3.76 acres
of C-1 General Commercial and 10.44 acres of R-1 Single Family Residential located at 4270
State Highway 6 South, generally located north of the Spring Creek Gardens Subdivision. Case
#08-500152 (LH).
Lauren Hovde, Staff Planner presented staff report describing rezoning request of 14.19 acres from
A-O, Agricultural-Open, to approximately 3.76 acres of C-1 General Commercial and 10.44 acres of
R-1 Single Family Residential located at 4270 State Highway 6 South. Staff and P&Z Commission
recommended approval.
Council inquired on the size of the buffer, the distance between the properties and the different
zones.
Bill Davis, P&Z Commissioner stated that the Planning and Zoning Commission felt the buffering
was large enough that the adjacent properties would not be affected by this rezoning.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Mayor Pro Tem McIlhaney moved to approve the rezoning of 14.19 acres from A-O, Agricultural-
Open, to approximately 3.76 acres of C-1 General Commercial and 10.44 acres of R-1 Single Family
Residential located at 4270 State Highway 6 South. Motion died from lack of second.
Council member Massey moved to approve Ordinance No. 3120 rezoning 14.19 acres located at
4270 State Highway 6 South from A-O, Agricultural-Open, to approximately 3.76 acres of C-1
General Commercial. Council member Maloney seconded the motion, which carried 7-0.
Council tabled the rezoning request for 10.44 acres of A-O Agricultural-Open to R-1 Single Family
Residential.
Council instructed staff to review the status of the M-1 zone on the Comprehensive Land Use Plan.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
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NOTIFICATIONS
Advertised Commission Hearing Date: September 18, 2008
Advertised Council Hearing Dates: October 9, 2008
February 12, 2009
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Springcreek Gardens Homeowner Association
Property owner notices mailed: 52
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 3
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Retail Commercial,
Single Family
Residential Medium
Density,
Retail Neighborhood
C-1, Commercial and
M-1, Light Industrial
VIsion Mission Church
Vacant
Vacant
South
Retail Regional,
Single Family
Residential High
Density
C-1, Commercial and
PDD, Planned
Development District
Vacant,
Spring Creek Garden
(Townhomes)
East
Retail Regional
Freeway/Expressway
Thoroughfare
C-1
N/A
Vacant,
State Highway 6
West
Major Collector
Thoroughfare,
Single Family
Residential Medium
Density
N/A,
R-1, Single Family
Residential
Decatur Drive,
Shenandoah
Subdivision
DEVELOPMENT HISTORY
Annexation: October 13, 1983
Zoning: A-O, Agricultural Open since annexation
Final Plat: Unplatted
Site development: Undeveloped
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February 12, 2009
Regular Agenda Item No. 4
Comprehensive Plan Amendment for 4074 SH 6
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
a Comprehensive Plan Amendment from Single-Family Residential Medium Density to Retail
Regional for 5.79 acres for the property located at 4074 State Highway 6 South (Secure
Care Storage Facility).
Recommendation(s): The Planning and Zoning Commission recommended approval of
the amendment by a vote of 6 to 0 at their January 15, 2009 meeting. Staff recommended
approval of this request.
Summary: The 5.79 acre property was annexed into the City in 1983 as a storage facility
with an A-O zoning designation and a single-family residential medium density
Comprehensive Plan designation. In 1994, a 3.25 acre portion of the property fronting SH 6
was rezoned from A-O to C-1, and contains the office portion of the storage facility. The
actual storage containers are located along side and behind the office property forming an
“L” shaped parcel. The proposed Comprehensive Plan Amendment was triggered by a
request from the applicant to replace the gravel surface on the portion of the property
where the storage containers are located. Staff informed the applicant that because of the
inconsistencies with Comprehensive Plan land use designation and zoning, a Comprehensive
Plan Amendment is required along with a zone change application, plotting and site plan
review.
Project Findings
Since annexation in 1983, the project’s vicinity has experienced changes such as the
extension of Longmire Drive from Barron Road to Graham Road, and the development of
new residential subdivisions such as Bridle Gate and Springbrook. Also, the area has
developed with non-residential uses along Highway 6 frontage while office uses have sprung
up on either side of Longmire Drive west of the subject properties.
A self-storage facility is not allowed under the residential or agricultural open space
designations. If approved, the proposed Comprehensive Plan Amendment will remove the
inconsistency between land use and zoning and there is a level of comfort in the knowledge
that the proposed request is not speculative in nature, but one that tries to correct an
inconsistency.
Budget & Financial Summary: N/A
Attachments:
1. Draft Planning and Zoning Commission Meeting Minutes, January 15, 2009.
2. Staff Report for the Planning & Zoning Commission meeting of January 15, 2009.
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January 15, 2009 P&Z Regular Meeting Minutes Page 1 of 1
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, January 15, 2009,
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: John Nichols, Noel Bauman, Paul Greer, Doug Slack,
Winnie Garner and Hugh Stearns
COMMISSIONERS ABSENT: Thomas Woodfin
CITY COUNCIL MEMBERS PRESENT: Larry Stewart
CITY STAFF PRESENT: Senior Planner Lindsay Kramer, Staff Planner Jason Schubert,
Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, City Engineer
Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Planning Administrator Molly
Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott, First
Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff
Assistant Brittany Caldwell
8. Public hearing, presentation, possible action and discussion regarding a Comprehensive
Land Use Plan Amendment from Single-Family Residential Medium Density to Retail
Regional for 5.79 acres for the property at 4074 State Highway 6 South (SecureCare
Storage Facility). Case # 08-00500303 (GE)
Gabriel Elliott, Assistant Director, presented the Comprehensive Land Use Plan
Amendment and recommended approval.
There was general discussion regarding the Comprehensive Land Use Plan Amendment.
Chairman Nichols opened the public hearing.
Jeff Robertson, McClure & Browne, said that he was available for questions.
Chairman Nichols closed the public hearing.
Commissioner Greer motioned to approve the Comprehensive Land Use Plan
Amendment. Commissioner Stearns seconded the motion, motion passed (6-0).
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February 12, 2009
Regular Agenda Item No. 5
Comprehensive Plan Amendment for 300 Holleman Drive
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on a
Comprehensive Land Use Plan amendment from Industrial R&D to Residential Attached for
1.32 acres located at 300 Holleman Drive, next to the Verizon building near Lassie Lane.
Recommendation(s): The Planning & Zoning Commission considered this request at
their regular meeting on February 5, 2009, and sent forward a negative recommendation by a
2-5 failed motion to approve. Staff recommended denial of the request.
Summary:
BACKGROUND
This request was previously considered by P&Z and Council last November. The Commission
was unable to reach consensus on their recommendation. The City Council sent the item back
to the P&Z with the direction to study appropriate uses for this property and area. In
December, the P&Z members commented that an area study would be appropriate after the
adoption of an updated Comprehensive Plan. The applicant has submitted a new application so
that a final decision might be made to the requested land use amendment prior to additional
study.
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: The subject
property is on the periphery of the Wolf Pen Creek (WPC) corridor. Development in WPC has
become more residential in nature than the corridor plan anticipated, and in 2008, after
concerns were discussed about public investments in the area being made largely to the
benefit of private residential developments, the City Council directed staff to pursue mixed use
development that would increase commercial presence in the district.
The planned land uses for the property on this block face of Holleman have changed over the
years as a result of public input, development, City Council decisions, and planning study that
have resulted in some eventual discrepancies between planned and developed land uses. The
uses along the block face are in compliance or have developed in accordance with their
respective C-1 General Commercial or Wolf Pen Creek zoning. It was not until the latter half of
last year that Verizon subdivided their property to create a new, developable lot on this block
face.
2. Compatibility with the remainder of the Comprehensive Plan: Residential Attached
is compatible with the abutting Residential Attached on paper, but it most likely may only be
compatible in the distant future since the property to the east has recently developed as an
office use in compliance with its C-1 zoning classification. In the near future, it could result
in an undesirable development pattern.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map
2. Ordinance
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February 12, 2009
Regular Agenda Item No. 6
Greens Prairie Road Parking Restrictions
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public hearing, presentation, possible action, and discussion on
consideration of an ordinance amending Chapter 10, “Traffic Code,” to restrict parking on
the north side of Greens Prairie Road adjacent to Forest Ridge Elementary School.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: A representative from Forest Ridge Elementary School contacted the City
requesting that parking be removed along the north side of Greens Prairie Road adjacent to
the school to improve safety for motorists exiting the school. Due to the large number of
vehicles in the queue to drop-off or pick-up children, some drivers choose to park on the
north side of Greens Prairie Road instead of waiting in line. Vehicles that park in this area
block the line of sight that motorists exiting the school need in order safely turn onto
Greens Prairie Road.
Greens Prairie Road is 43-foot wide minor arterial street with an open ditch on the north
side. Last year for pedestrian safety improvements, city crews installed curb and gutter and
a sidewalk on the south side of the street. Since then, some drivers have been parking on
the north side.
The city’s Traffic Management Team (TMT), which is made up of representatives from the
Fire Department, Police Department, Planning and Development Services Department, Legal
Department, Public Communications Department, and Public Works Department, met and
evaluated the issue. The TMT recommends that parking be removed from the north side to
restore and provide the sight distance needed for traffic exiting the school to safely turn
onto Greens Prairie Road. This recommendation is supported by CSISD and the adjacent
property owners.
The Castlegate subdivision is located adjacent to Forest Ridge Elementary School and the
homeowner’s association (HOA) was notified on January 15, 2009, about the ordinance
removing parking on Greens Prairie Road. The residents were sent the notification the
following day. To date, city staff nor the Castlegate HOA have received any complaints
about the proposed ordinance to remove parking on Greens Prairie Road.
Budget & Financial Summary: The “No Parking” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Location Map
3. CSISD Request Letter
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February12, 2009
Regular Agenda Item No. 7
Exception to Policy for Sewer Service to Grey Wolf Trail
To: Glenn Brown, City Manager
From: Dave Coleman, Director, Water Services
Agenda Caption: Presentation, possible action, and discussion regarding an exception to
Policy to allow the Grey Wolf Trail development to connect to the City sewer system.
Recommendation: Staff recommends Council deny this request, because the proposed
development is inconsistent with the City’s Land Use Plan.
Summary: Mr. Charles Ellison, representing Brazos Wyldewood II, Inc., has requested the
City provide sewer service to the Grey Wolf Trail development. His letter is attached. As
shown on the attached map, this property is located in the ETJ, off North Dowling Road,
south of Easterwood airport and is designated as “Low Density- Single Family” in the
adopted Comprehensive Plan. The proposed development is for 24 duplex buildings (48
duplex units). The tracts total 13.88 acres, which are not contiguous with current City
limits, and are thus not currently eligible for annexation without the inclusion of additional
land. The tracts are outside the City’s current certificated area for sewer, but are in an area
that is presently un-certificated, so the City could legally provide sewer service.
Adopted Council Policy states that the City will not provide sewer service outside the City
limits (or the City’s sewer certificated area) in the absence of a petition for annexation. But
it does allow that exceptions may be granted in three cases: For other Government
agencies under ILA, for economic development, or for health and safety reasons. (See
attached Policy document.) Since Grey Wolf is outside the City’s certificated area, and not
currently eligible for annexation, an exception to Policy is required for City sewer service.
But because the proposed development is inconsistent with the City’s Land Use Plan, staff
recommends City Council deny the request for an exception to policy. Please see attached
staff memo for more details.
Budget & Financial Summary: NA
Attachments: Letter
Map
Policy
Staff Memo
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Planning & Development Services
PO Box 9960
1101 Texas Avenue
College Station, TX 77842
February 4, 2009
TO: City Council
FROM: Bob Cowell, Director
Planning & Development Services
RE: Staff Recommendation on Sewer Service Extension Request for Grey Wolf
City staff has recommended that the Council deny the request for sewer service
extension for the project known as “Grey Wolf” located on North Dowling Road. This
memo is provided to further clarify Planning & Development Services position on this
request.
As the Council knows growth management, and in particular growth in the ETJ has been
the topic of a great deal of attention and discussion over the past few years. Significant
urban development activities have been occurring in the ETJ and in many instances have
resulted in increased traffic concerns, stormwater management issues, neighborhood
and rural resident opposition, etc.
The Council may recall that recommendations have been provided by both an outside
consultant and city staff as to the most effective way to manage growth in the ETJ, to
minimize concerns with health and safety and to minimize a development pattern that
is detrimental to the City of College Station. The steps that have been recommended by
staff and endorsed on numerous occasions by Council include the following strategies:
§ Adhere to the city’s adopted comprehensive land use plan to guide decisions
regarding land use, service provision, and capital expenditures
§ Prepare and implement a strategic and limited annexation plan (including
areas classified as “exempt” and three year areas)
§ Amend and implement subdivision regulations in the ETJ to better protect
the health and safety of current and future residents (including larger lot
sizes, larger frontages, park land dedication, etc)
§ Limit the city’s sewer service area (CCN) to the current city limits with
expansion generally following annexation
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§ Strictly adhere to the city’s current sewer service extension policy (prohibit
service extension into the ETJ unless accompanied by annexation or meeting
one of the stated exceptions)
§ Amend and expand the city’s thoroughfare plan in the ETJ to ensure
reservation of ROW for future transportation needs as the city boundaries
expand
Each of these strategies is integral to the successful management of the ETJ. Some
strategies address health and safety concerns, some address fiscal aspects; others
directly confront the challenges with urban densities. Failure to utilize any one of the
strategies directly impacts the success of the other strategies and the overall goal of
managing development in the ETJ.
In this particular case, staff’s recommendation is based primarily on the adopted land
use plan and on the current city policy regarding sewer extension. The area is planned
for low density residential uses – meaning the surrounding roads, development pattern,
public services, etc. are intended (and generally limited) to serving a low density
residential development pattern. In staff’s opinion it would be inappropriate to extend
sewer service to an area that would enable development that is inconsistent with the
planned development pattern for the area.
Current city policy regarding sewer extension prohibits extension of services into the ETJ
unless it is the result of an annexation. The current property cannot alone be annexed
into the city and the city is not intending on annexing the subject property within the
near-term (within the next 3-5 years). Further, the policy provides a series of exceptions
to the policy which the Planning & Development Services Department believes are not
applicable to this request. The use of on-site treatment systems (septic or package
treatment) while perhaps not preferred are regulated by the County and TCEQ and if
operated and maintained properly represent an appropriate and safe form of
wastewater treatment in rural areas. Previous exceptions to this policy have been
granted based on this health and safety argument and have resulted in projects that are
incompatible with adjacent land uses (Kyleview/Aspen Heights) or that have insufficient
public services or are incompatible with city ordinances (Creek Meadows).
It is understood that the city cannot regulate land use in the ETJ, therefore it should be
recognized that if the applicant succeeds in getting approval for a package treatment
plant, development could occur that is in conflict with the adopted land use plan.
However, it is the Department’s position that the city should not be taking actions that
actually enable or promote development that is inconsistent with the adopted land use
plan and that is in apparent conflict with adopted city policies.
The applicant has indicated that the P&DS Department was previously negotiating with
the applicant that would result in both a recommendation of approval for the sewer
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extension and the development’s adherence to “all city standards”. The applicant is
correct that staff was negotiating a development agreement, though terms were never
finalized. A reason the terms were never finalized is because it became apparent that
not “all city standards” could be imposed even under the terms of a development
agreement and further the applicant was not willing to submit to certain items the staff
was requesting. Further, since that time projects have received sewer service and
begun development (Kyleview and Creek Meadows for example) that have illustrated
the problems associated with promoting urban- density development in the ETJ.
Additionally, since that time the Council has engaged in more direct conversations and
taken formal actions (amending the park land dedication requirements, amending the
annexation approach, amending the subdivision regulations, etc.) that have clarified the
afore-mentioned strategy regarding managing the ETJ.
Again, the Planning & Development Services Department recommends denial of the
request due to inconsistency with the adopted land use plan, conflict with the adopted
city policy regarding sewer extension and due to the conflict with the described strategy
regarding management of the ETJ.
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February 12, 2009
Regular Agenda Item No. 8
City of College Station / College Station ISD Interlocal Agreement
For the Purchase and Installation of Fencing
At Pebble Creek Park and Jack and Dorothy Miller Park
To: Glenn Brown, City Manager
From: David Schmitz, Assistant Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding an Interlocal
Agreement between the City of College Station and the College Station ISD (CSISD) for the
purchase and installation of fencing for the joint City/School Parks at Pebble Creek and Jack
and Dorothy Miller Parks.
Recommendation(s): Staff recommends approval of the Interlocal Agreement with
CSISD.
Summary: CSISD has recognized the need to add fencing to the current joint park
properties / school playgrounds that are located at the Pebble Creek Elementary and Rock
Prairie Elementary Schools. A safety issue has been identified with protection of students
during the times that school is in session. These two sites currently are not fenced as are
all of the other elementary school campuses. Under the current Joint Use Agreement, the
adjacent park properties are used during the times the schools are in session as the
playgrounds for the students. Public use of the fenced parks during normal school hours
will not be permitted without the public first processing through the schools’ admittance
offices.
The fencing at the Pebble Creek site will be located on CSISD property, and the fencing at
the Rock Prairie site will be located on City of College Station property. In both cases, the
amount of fencing is virtually the same, with the same design and construction
specifications to be used for both sites.
CSISD will be doing the specifications and bid package, have the fences installed, pay for
the project, and the City of College Station will pay 50% of the final costs.
Budget & Financial Summary: The estimated cost of the project is $60,000. Funds for
the City of College Station’s 50% share of the costs (approximately $30,000) will come from
the 2008 Bond Program for Neighborhood Park Improvements.
Attachments:
1) Interlocal Agreement with CSISD for Fencing at Two Parks
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