HomeMy WebLinkAbout04/23/2009 - 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, April 23, 2009 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation and recognition of College Station Utilities earning Reliable Public Power Provider (RP3)
status from the American Public Power Association
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 on approval of minutes for City Council Workshop and
Regular Meeting April 9, 2009.
b. Presentation, possible action and discussion regarding the approval of a resolution supporting the adoption
of Senate Bill 1570 and authorizing and approving the formation of a local government corporation, to
facilitate the forming of a high speed passenger railway service.
c. Presentation, possible action, and discussion regarding action to ratify a change order for Construction
Contract 07-185 with Knife River for the construction of the Arrington Road-Decatur Drive Roadway
Extension, Project No. ST-0606, in the amount of $42,646.78.
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City Council Regular Meeting Page 2
Thursday, April 23, 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
d. Presentation, possible action, and discussion regarding Change Order No. 2 to the construction contract
with Brazos Valley Services (Contract No. 09-038) in the amount of $52,747.14 for the William D. Fitch
Widening Phase II project.
e. Presentation, possible action, and discussion of a user agreement between Texas A&M University and the
City of College Station authorizing Texas A&M University to provide the University Services Building
parking lot area and ingress/egress roads for a term of five (5) years to the Brazos Valley Solid Waste
Management Agency for the spring Household Hazardous Waste & Computer Collection event.
f. Presentation, possible action, and discussion regarding approval of a Settlement Agreement and Release
between the City and David and Jennifer Weber compensating the Webers for the condemnation of
easements necessary for the completion of the Parallel Water Transmission Phase III.
g. Presentation, possible action, and discussion approving an ordinance amending Chapter 11, “Utilities”, of
the Code of Ordinances of the City of College Station, Texas, by amending Section 9: Drought Contingency
and Water Emergency Plan in its entirety.
h. Presentation, possible action, and discussion approving a resolution for adoption of an updated Water
Conservation Plan, including goals required by TCEQ.
i. Presentation, possible action and discussion regarding a resolution to purchase 11.5 Wetland Mitigation
Credits from Mitigation Solutions USA LLC in the amount of $201,250.00.
j. Presentation, possible action, and discussion regarding Change order No. 2 to purchase order No. 09-0308
to Martin Apparatus and Equipment, in the amount of $29,684 for the purchase of two (2) 2009 Pierce
Velocity Pumpers and one (1) 2009 Pierce / Peterbilt 340-3000 Gal Pumper / Tanker.
k. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to
reimburse certain expenditures with proceeds from debt for Neighborhood Park Improvement projects.
l. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to
reimburse certain expenditures with proceeds from debt for the Water Reclamation project.
m. Presentation, possible action, and discussion on an amendment to the Affiliate funding agreement
between the City of College Station and the Arts Council of Brazos Valley to change the date and location of
a performance by the Brazos Valley Symphony Orchestra specified in Section 3.5 of the agreement.
n. Presentation, possible action, and discussion on the award of Bid#09-42 for purchasing of roadway traffic
signs, post and pavement markings material. The total cost of this Bid #09-42 is $145,505.62.
o. Presentation, possible action and discussion regarding an Interlocal Agreement (ILA) in the amount of
$31,248 between the Cities of College Station and Bryan for design costs for a traffic signal at the
intersection of University Drive and Copperfield.
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Thursday, April 23, 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
p. Presentation, possible action and discussion of a resolution approving a contract with Mitchell and Morgan
LLP in the amount of $59,500.00 for design services for the Holleman Drive Extension project. (Project #ST
0913)
q. Presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10,
“Traffic Code,” to change the posted speed limit on sections of SH 40 (William D. Fitch Parkway).
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 of design options for the Tauber & Stasney
Street Rehabilitation Project.
2. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified
Development Ordinance Section 7.4.E "Exempt Signs," Section 7.4.X "Signs for Permitted Non-
residential Uses in Residential or Agricultural Districts" and Section 11.2 "Defined Terms."
3. Public hearing, presentation, possible action, and discussion regarding an amendment of Chapter 12,
Unified Development Ordinance, Section 4.2, Official Zoning Map, of the Code of Ordinances of the
City of College Station, Texas by rezoning 2.47 acres from A-O, Agricultural-Open, to C-1, General
Commercial at 4074 State Highway 6 and more generally located south of Bridle Gate Drive.
4. Public hearing, presentation, possible action, and discussion on consideration of the updated land use
assumptions and capital improvements plan, and the imposition of updated water and wastewater impact
fees in Steeplechase-Wellborn Sewer Impact Fee Service Areas 03-02.
5. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
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Thursday, April 23, 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
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, April 23, 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 20th day of April, 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 April 20, 2009 at 2:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2009 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2009.
______________________________
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, April 9, 2009 3:00 & 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor ProTem McIlhaney, Council members Crompton, Maloney,
Massey, Ruesink, Stewart
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.
Council member Maloney inquired about Consent item 2c – allocation of funds to law enforcement agencies in
Brazos County.
Mayor ProTem McIlhaney stated she shall abstain from Consent item 2g, contract renewal with Blue Cross and
Blue Shield.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion relating to receiving the
annual audit reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2008.
Introduced by Jeff Kersten, Chief Financial Officer. Mr. Kersten introduced Tom Wallis of Ingram, Wallis &
Associates, C.P.A. Mr. Wallis presented the results of fiscal year 2008 audit and conditions outlined in the
management letter.
Council member Stewart moved to approve the Annual Audit Report and the Comprehensive Annual Financial
Report (CAFR) for fiscal year ended September 30, 2008. Council member Massey seconded the motion, which
carried 7-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion of design options for the
Tauber & Stasney Street Rehabilitation Project.
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City Council Workshop & Regular Minutes
Thursday, April 9, 2009
Chuck Gilman, Director of Capital Projects presented an overview of the stakeholder meeting with property
owners or their designated representative(s) in the area surrounded by the rehab project. Staff developed several
design alternatives to accomplish the goals of the project, and made attempts to meet the needs of the property
owners, to the extent possible. A brief summary of the alternatives is listed below:
Option 1: Remove all the on-street parking, provide 8-feet wide sidewalks with street trees, new concrete
pavement (width will vary since ROW width varies), replace/rehabilitate the utilities and allow for two-
way traffic. Option does not require an amendment to the UDO. This option will require a small amount
of additional ROW and/or an access easement along Tauber near Cherry Street. This option will result in
the loss of approximately 202 parking spaces along Tauber and Stasney.
Option 2: Mill the old pavement and overlay with a new asphalt surface. Replace/rehabilitate the
utilities. Address the pavement grade issues along Tauber between Cross and Cherry. Do not construct
new sidewalks or install street trees. All head-in parking and parallel parking will remain. Maintain two-
way traffic along Tauber and Stasney. This option will require a clarification to the definition of a
rehabilitation project in the UDO. Option does not require additional ROW, and will not result in the loss
of any parking spaces along Tauber or Stasney.
Option 3: Remove head-in parking along Tauber and Stasney, replace/keep parallel parking where
possible along Tauber and Stasney as permitted by the UDO. Amend the Northgate Parking Plan to allow
for on-street parking in NG-3 along one side of Tauber and one side of Stasney, provide 8-feet wide
sidewalks with street trees, new concrete pavement, replace/rehabilitate the utilities and allow for two-
way traffic. Maintain two-way traffic along Tauber and Stasney. This option does not require an
amendment to the UDO. This option will require a small amount of additional ROW and/or an access
easement along Tauber near Cherry Street. This option will result in the loss of approximately 137
parking spaces along Tauber and Stasney.
Bob Cowell, ACIP, Director of Planning and Development Services spoke about the parking and parallel
parking.
Staff created these alternatives to assist the Council in determining the potential negative and positive impact of
considering City funded capital projects, initiated to improve safety and the reliability of city services, as a
rehabilitation project as defined in the UDO. Staff recommended that the Tauber and Stasney Street
Rehabilitation Project proceed according to Option 3.
Fire Marshall Eric Hurt explained the purpose for one way streets, one side of street parking, and sidewalk
accessibility.
Council member Maloney made a motion to approve option 3 and amend Northgate parking plan. Council
member Stewart seconded the motion. Council member Crompton abstained from the vote.
Mayor ProTem McIlhaney, and Council members Massey, Ruesink and Crompton expressed concerns of voting
in workshop session. Also, would like to see more input from citizens in a public hearing.
Council member Maloney withdrew motion and Council member Stewart withdrew his second.
Council directed staff to bring back as a regular agenda item for a public hearing on the April 23, 2009 meeting.
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City Council Workshop & Regular Minutes
Thursday, April 9, 2009
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion on the application and
acceptance of a U.S. Department of Justice, 2009 COPS Hiring Recovery Program (CHRP) Grant.
Scott McCollum, Assistant Chief of Police presented an overview 2009 COPS Hiring Recovery Program (CHRP)
Grant. Up to $1 billion in grant funding will be available for the hiring and rehiring of additional career law
enforcement officers. There is no local match requirement for CHRP, but grant funding will only be provided for
current entry-level salary and benefits. Therefore, any other associated costs will be the responsibility of the
grantee agency. CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for
3 years (36 months) for newly-hired, full-time sworn officer positions (including filling existing unfunded
vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a future date, as a
result of local budget cuts. At the conclusion of federal funding, grantees must retain all sworn officer positions
awarded under the CHRP grant for a period of at least 12 months beyond the time the funding expires for a given
position. The College Station Police Department will be applying to fund 12 full time entry level police officers
identified as staffing needs in the “Blueprint for the Future” but have not yet been funded. Staff requested
Council’s approval.
Council member Massey moved to approve Resolution No. 04-09-09-05 on the submittal of application and
acceptance of the 2009 COPS Hiring Program (CHRP) Grant. Council member Maloney seconded the motion,
which carried 7-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
______________________________________________
At 4:25 p.m. 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.
Workshop Agenda Item No. 9 -- 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. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos
Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. 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
i. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes
County site
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Thursday, April 9, 2009
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben
White
k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et al
l. Barron Road Widening Project Land Acquisition
m. City of College Station v. David Allen Weber et al
Workshop Agenda Item No. 10 -- 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.
Council recessed from the executive session at 6:11 pm. No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding ranking the large
number of future workshop items and how to address.
City Manager Glenn Brown presented Council ranking of the items for planning purposes. Staff requested
Council provide direction as to the ranking of the items.
Council directed staff to schedule several workshop meetings for the next six weeks to address the numerous
workshop items. He advised staff to prepare written reports on less urgent items.
Mayor ProTem McIlhaney met with Northgate merchant association members on redevelopment issues in the
area. She asked Council for their willingness to meet with the merchants in a workshop meeting. City Manager
Brown concurred.
Workshop Agenda Item No. 6 -- Council Calendar
Council reviewed activity calendar.
Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion on future agenda items: A
Council Member may inquire about a subject for which notice has not been given. A statement of specific
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.
No future agenda items.
Workshop Agenda Item No. 8 -- 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, Signature Event Task Force, (Notice of Agendas posted on City Hall
bulletin board).
Council member Ruesink requested the Mayors’ of College Station and Bryan send a personal invitation to invite
guests from Kazan, Russia, a sister city of B-CS. He also mentioned that the young adults from Griefswald,
Germany were expected to arrive in College Station in the next few days.
Council member Stewart reported on the TML Region X meeting held April 2 at Creedmore Ranch.
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City Council Workshop & Regular Minutes
Thursday, April 9, 2009
Mayor ProTem McIlhaney was named the Chairman of the Brazos Valley Council of Governments
Transportation Committee. She mentioned the creation of youth summer program as a recipient of federal
stimulus monies.
Workshop Agenda Item No. 11 – Adjourn.
The workshop meeting concluded at 6:55p.m.
Minutes of Regular Meeting
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Consider absence request.
Mayor White called the meeting to order at 7:04 pm with all Council members present. Mayor White led the
audience in the Pledge of Allegiance. Chief R.B. Alley provided the invocation.
Hear Visitors:
Jim Maness 1733 Arrington Road, President of Nantucket Homeowners Association introduced Jim Ash.
Jim Ash 804 Prestwick, addressed his concerns on Red Light Cameras in the City of College Station.
Doug Tremau, 715 University Drive announced an upcoming event in the community, Brazos Valley Senior
Games.
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 City Council Workshop and Regular Meeting March 26, 2009.
b. Approved Resolution No. 04-09-09-2b authorizing implementation of an Identity Theft Program for Utility
Customer Services.
c. Approved inter-local agreement with Brazos County and the City of Bryan for the purpose of application
and acceptance of a U.S. Department of Justice, 2009 Justice Assistance Grant (JAG).
d. Approved Resolution No. 04-09-09-2d for a Strong & Sustainable Neighborhoods Grant Program.
e. Approved Change Order No. 1 to Professional Services Contract 09-025 with Malcolm Pirnie, Inc., in the
amount of $38,488 for the design of the Groundwater Well No. 8.
f. Approved Change Order No. 1 to Professional Services Contract 07-086 with Malcolm Pirnie, Inc., in the
amount of $32,455 for the design of the Parallel Wellfield Collection Line.
g. Approved the medical and dental Administrative Services Agreement contract renewal with Blue Cross and
Blue Shield for claims administration for the calendar year 2009, in the amount of $415,531.
h. Approved the renewal of an annual price agreement with Vulcan Materials Company in an amount not to
exceed $217,500 at $43.50 per ton for cover stone, trap rock for the maintenance of streets.
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Thursday, April 9, 2009
i. Approved Resolution No. 04-09-09-2i to appoint election workers for the May 9, 2009 general municipal
election, general school officer election, and special school bond election.
j. Approved supplement to the Inter Local Government Agreement between the City of College Station and
College Station Independent School District for the purpose of adding two newly created precincts to the
Notice of Election for joint election on Saturday May 9, 2009.
k. Approved the Wickson Creek Special Utility District Water Service Application for the BVSWMA Twin
Oaks Landfill in Grimes County.
Council member Massey moved to approve consent agenda items 2a thru 2k. Council member Stewart seconded
the motion, which carried 7-0. Mayor ProTem abstained from consent item 2g.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSTAINED from consent item 2g: Mayor ProTem McIhaney
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion regarding an
ordinance vacating and abandoning a 0.26 acre, 20 foot wide Public Utility Easement, which is located on
Lot 9R of Block 1 of the Gateway Phase 1 Subdivision according to the plat recorded in Volume 7945, Page
172, of the Deed Records of Brazos County, Texas.
Alan Gibbs, City Engineer presented the application for abandonment of 0.26 acre, twenty foot wide public
utility easement and right-of-way, located on Lot 9R of Block 1 of the Gateway Phase 1 Subdivision. Staff
requested Council approval.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Massey moved to approve Ordinance No. 3176 to vacate and abandon a 0.26 acre, 20 foot wide
Public Utility Easement, located on Lot 9R of Block 1 of the Gateway Phase 1 Subdivision. Mayor ProTem
McIlhaney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 2 -- Presentation, possible action and discussion regarding a resolution adopting
a Regional Watershed Storm water Education Strategy.
Alan Gibbs, City Engineer reported that the City of College Station is in the second fiscal year of the five year
Storm Water Management Program (SWMP) implementation to eliminate pollution. This program was
mandated by the State in 2007 and regulates several local entities including the Cities of College Station and
Bryan, Brazos County, Texas Department of Transportation, and Texas A&M University. The noted local
entities of the Cities of College Station and Bryan, Brazos County, Texas Department of Transportation, and
Texas A&M University have met and expressed interest to form the Brazos Basin Stormwater Education
Committee. The merit of the joint committee would be to combine resources and to provide a unified message as
each entity satisfies its respective SWMP. The resolution under consideration would formally support the City of
College Station joining the committee.
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Mayor ProTem McIlhaney moved to approve Resolution No. 04-09-09-02 supporting the City of College Station
joining the Brazos Basin Stormwater Education Committee. Council member Ruesink seconded the motion,
which carried 7-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 3 -- Presentation, possible action, and discussion to expand the proposed milling
and overlaying of streets within the project boundaries of the College Park – Breezy Heights utility and
street rehabilitation project.
Chuck Gilman, Director of Capital Projects presented details on expanding the proposed milling and overlaying
program within the project boundaries of the College Park – Breezy Heights utility and street rehabilitation
project and the needs of the neighborhood. Staff requested approval of expanding this project.
Council member Maloney made a motion to approve expanding the milling and overlaying program within the
project boundaries. Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 7:46 p.m. on Thursday, April 9, 2009.
PASSED AND APPROVED this 23rd day of April, 2009.
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
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April 23, 2009
Consent Agenda Item 2b
Texas High Speed Rail & Transportation Corporation Resolution
To: Glenn Brown, City Manager
From: City Manager's Office
Agenda Caption: Presentation, possible action and discussion regarding the
approval of a Resolution supporting the adoption of Senate Bill 1570 and authorizing
and approving the formation of a local government corporation, to facilitate the
forming of a high speed passenger railway service.
Recommendation(s): Staff recommends participation and approval of the
Resolution urging support of Senate Bill 1570 and formation of a local government
corporation.
Summary: The City of College Station has been an active member of the Texas
High Speed Rail and Transportation Corporation for many years. College Station is
strategically positioned between the Gu If Coast Hig h-Speed Rail Corridor and the
South Central High-Speed Rail Corridor.
Senate Bill 1570 authorizes the State of Texas to contract with a local government
corporation to seek federal and state funding for high-speed passenger rail service
and coordinate efforts with the State and its agencies. This bill helps expedite the
building of high speed passenger rail services.
Budget & Financial Summary: N/A
Attachments:
1. Resolution
2. Senate Bill 1570
3. Draft Articles of Incorporation
4. Notes on Background and Purpose
5. Texas High Speed Rail and Transportation Next Steps
6. City of Temple Council Items Memorandum - April 16
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
AUTHORIZING SUPPORTING THE ADOPTION OF SENATE BILL 1570 ANTHORIZING
THE STATE OF TEXAS TO CONTRACT WITH A LOCAL GOVERNMENT
CORPORATION AND AUTHOFUZING THE CITY OF COLLEGE STATION TO FORM A
LOCAL GOVERNMENT CORPORATION TO FACILITATE, ANALYZE, AND
IMPLEMENT THE DEVELOPMENT OF HIGH SPEED PASSENGER RAIL SERVICE
WITHIN THE SOUTH CENTRAL HIGH-SPEED RAIL CORRIDOR AND THE GULF
COAST HIGH-SPEED R. CORRIDOR.
WHEREAS, the City of College Station has been an active member of the Texas High Speed
Rail and Transportation Corporation (THSRTC) a coalition of cities, counties and other entities
promoting high speed passenger rail service in Texas;
WHEREAS, the Mayor of College Station currently serves on the board of directors of the
THSRTC;
WHEREAS, College Station is strategically located between the Gulf Coast High-Speed Rail
Corridor and the South Central High-Speed Rail Corridor;
WHEREAS, College Station has been asked to be among the local government entities serving
as the original incorporators of a local government corporation organized under authority of
Chapter 43 1, Subchapter D, of the Texas Transportation Code;
WHEREAS, the proposed name of the local government corporation will be the "South Central
High-Speed Rail and Transportation Authority, Inc.;"
WHEREAS, the City Council has considered the matter and deems it in the public interest to
authorize this action.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1 : The City Council supports the adoption of Senate Bill 1570 by the Texas
Legislature and further urges the Legislature to facilitate, analyze and
implement high-speed passenger rail service to Texas.
PART 2: The City Council authorizes the City of College Station to take the
necessary action to participate as an original incorporator of a local
government corporation as authorized by Chapter 43 1, Subchapter D of
the Texas Transportation Code to facilitate, analyze, and implement the
development of high-speed passenger rail service within the South
Central High-Speed Rail Corridor and the Gulf Coast High-Speed Rail
Corridor.
13
RESOLUTION NO. Page 2
PART 3: The local government corporation shall have the following principle
duties:
to seek federal and state funding for high-speed passenger rail service;
to seek interconnectivity of high-speed passenger rail systems in
Texas with similar systems in other states;
to seek interconnectivity of high-speed passenger rail systems with
other existing and planned transportation systems within the state and
adjacent states (e.g., airports, seaports, highways and other commuter
rail);
to ensure connectivity with Fort Hood, Texas, which is the largest
military base in the United States;
to contract with private companies of foreign governments for the
design, construction, financing and operation of a high-speed
passenger rail system; and
to coordinate their efforts with the State and its agencies
ADOPTED this the 23'* day of April, A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
14
81R11013 JTS-D
By: Carona S.B. No. 1570
A BILL TO BE ENTITLED
AN ACT
relating to the facilitation, analysis, and implementation of high-
speed passenger rail in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Transportation Code, is amended by adding
Chapter 92 to read as follows:
CHAPTER 92. HIGH-SPEED PASSENGER RAIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 92.001. DEFINITIONS. In this cha~ter:
(1) "High-speed rail" means passenger rail service
capable of operating at speeds greater than 200 miles per hour.
(2) "Corporation" means the South Central High Speed Rail
Authority, Inc., a local government corporation organized under
Sec. 431, Subchapter D, Transportation Code.
(3) "Federally-designated high-speed passenger rail
corridor" means those corridors designated by the United States
Secretary of Transportation prior to the passage of this ACT,
pursuant to 23 U. S. C. Section 104 (d) (2) .
(4) "South Central High-Speed Rail CorridorN means that
Page - 1 -
15
S.B. No. 1570
federally-designated high-speed rail corridor designated by the
Secretary on October 1, 2000 serving the states of Texas, Oklahoma,
and Arkansas, including the expansion of that corridor referred to
by Sec. 224 (c) {B) , Passenger Rail Investment and Improvement Act
of 2008.
(5) "Gulf Coast High-Speed Rail Corridor" means that
federally-designated high-speed rail corridor designated by 23
U. S.C. Section 104 (d) (2) (B) (iii) .
[Sections 92.002-92.050 reserved for expansion]
SUBCHAPTER B. HIGH-SPEED PASSENGER RAIL FACILITATION, ANALYSIS,
AND IMPLEMENTATION
Sec. 92.051. CONTRACT FOR FACILITATION. ANALYSIS, AND
IMPLEMENTATION. (a) The commission shall contract with the
corporation to negotiate on behalf of this State to facilitate,
analyze, and implement the development of high-speed passenger rail
within the South Central High-Speed Rail Corridor and the Gulf
Coast High-Speed Rail Corridor and any other corridors identified
by the department, commission, or the corporation.
(b) The corporation shall be responsible for:
(1) soliciting federal, state, regional, local, and
private funding to be allocated to the corporation for the purposes
of this subchapter;
(2) coordinating with federal officials and
representatives from ad j acent states regarding the
Page -2 -
16
S.B. No. 1570
interconnectivity of high-speed passenger rail systems in this
state with systems developed in federally designated high-speed
passenger rail corridors in other states; and
(3) representing and negotiating on behalf of this state
to ensure the interconnectivity of high-speed passenger rail with
existing and planned transportation systems, including airports,
seaports, transit systems, commuter rail systems, and highways in
this state and adjacent states; and
(4) coordinating with federal transportation officials
and officials at the United States Department of Defense to ensure
the connectivity of high-speed passenger rail with the largest
military installation in this state, as determined by land-area,
and located entirely or partially within a county in which a
federally-designated high-speed rail corridor is also located; and
(5) e~gaging, negotiating, and entering into contracts
with representatives of private companies and foreign governments
for the designing, construction, operation, and financing of the
high-speed passenger rail system described by and called for in
this chapter
(6) coordinating the fulfillment of this chapter with the
department
Sec. 92.052. SYSTEM REQUIREMENTS. The high-speed passenger
rail system developed under this subchapter must:
(1) provide high-speed passenger rail connectivity to
Page -3 -
17
S.B.-No. 1570
the state's two busiest airports, as determined by the number of
commercial operations as of March 12, 2009, as determined by the
Federal Aviation Administration; and
(2) enhance connectivity for and ease of passenger
transport to and from the largest military installation by land
area located in this state; and
(3) be developed in collaboration with high-speed
passenger rail projects in other areas of the United States to
ensure interconnectivity with other federally designated high-speed
rail corridors; and
(4) use the narrowest right of way determined by the
corporation to be necessary or convenient for the construction of
the high-speed passenger rail system described by and called for in
this cha~ter; and
(5) where deemed appropriate and possible by the
corporation, be elevated and/or grade-separated.
Sec. 92.053. REPORTS. The corporation shall annually submit a
report regarding its activities under this subchapter to:
(1) the governor;
(2) the lieutenant uovernor;
(3) the speaker of the house of representatives;
(4) the senate finance committee;
(5) the house committee on a~~ro~riations; and
(6) the standing committee in the senate and the house
Page -4 -
18
S.B. No. 1570
of representatives that has primary jurisdiction over rail
trans~ortation issues.
SECTION 2. This Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house,. as
provided by Section 39, Article 111, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
Page -5 -
19
ARTICLES OF INCORPORATION
OF
SOUTH CENTRAL HIGH SPEED RAIL AND TRANSPORTATION AUTHORITY, INC.
We the undersigned -natural persons, all being residents of the State of Texas and above the age of
18 years, acting as incorporators of a corporation under Subchapter D, Texas Transportation Corporation
Act, TEX TRANSP. CODE ANN. 543 I. I0 I et seq. (the "Act") and TEX. LOC. GOV'T. CODE ANN. 5394.00 1
et seq. adopt the following Articles of Incorporation:
The name of the corporation is the South Central High-Speed Rail and Transportation Authority,
Inc.
11.
The Corporation is a public nonprofit corporation.
111.
The period of its duration is perpetual.
The Corporation is organized to aid and act on behalf of the sponsoring counties, municipalities
and authorities, and a11 local governments in the State of Texas, in developing, managing, operating and
maintaining high-speed rail and transportation facilities and related stations and developments. This
purpose includes developing and implementing plans to link, with high-speed rail and other transportation
systems communities in Texas and other states generally along the routes of the federally-designated
high-speed rail corridors known as the South Central High-Speed Rail Corridor and the Gulf Coast High-
Speed Rail Corridor and the expansion of these Corridors described in'the Passenger Rail Investment and
Improvement Act of 2008 and other corridors that may be designated in the national plan or other
corridors and routes which will serve to link the communities of Texas together with an efficient rail and
transportation system.
v.
The Corporation shall have no members.
1
20
VI.
The Corporation shall have all rights, powers, privileges, authority and functions given
under the Act and by the general laws of Texas to nonprofit corporations incorporated under the Texas
Non-Profit Corporation Act which are cons istent with the Act.
VII.
The Corporation's budget, including any budget amendments, shall be subject to the approval by a
majority of the sponsoring entities.
VIII.
These Articles of Incorporation and the Bylaws of the Corporation may be amended at any time
by the Board of Directors of the Corporation with the approval of the sponsoring governmental entities or
by the sponsoring governmerhal entities in their sole discretion.
IX.
The number of Directors constituting the initial Board of Directors is nine. A change in the
number of directors may be made only by amendment to these Articles of Incorporation. The names and
addresses of the persons who are to serve as the initial Board of Directors, each of whom resides in the
one of the sponsoring governmental entities are:
21
The sponsoring governmental entities shall appoint Directors for new terms and fill any
vacancy in the Board of Directors. Each sponsoring governmental entity shall appoint one Director and
the remaining Directors, if any, shall be appointed by a weighted majority vote of all sponsoring entities,
each entity being entitled to one vote for Director per resident as determined by the most recent federal
census. Members of the initial Board of Directors shall hold office for a term of two, four or six years. At
the organizational meeting of the Board, the members shall draw lots to determine their terms, three of
which shall be for two years, three of which shall be for four years and three of which shall be for six
years. After the initial term, all Directors shall serve a term of six years. A term shall end on the
anniversary of the initial appointment regardless of the date of the actual appointment to the board. A
director may be removed at any time, with or without cause, by order of the appointing entity or entities.
The Board shall select one of its members to serve as Chair of the Board of Directors.
The name and street address of each incorporator, each of whom resides in a sponsoring
governmental entity, is:
XI.
No Director shall be liable to the Corporation for monetary damages for an act or omission in the
director's capacity as a Director, except to the extent the Director is found to be liable: (i) for any breach
of the Director's duty of loyalty to the Corporation, (ii) for acts or omissions not in good faith that
constitute a breach of duty or which involve intentional misconduct of the Director or a knowing violation
of law, (iii) for any transaction from which the Director received an improper benefit, weather or not the
benefit resulted from an act taken within the scope of the Director's office, or (iv) for acts or omissions
for which the liability of a Director is expressly provided by statute. Any repeal or amendment of the
Article shall be prospective only, and shall not adversely effect any limitation on the personal liability of a
Director existing at the time of such repeal or amendment. In addition to the circumstances in which a
Director is not personally liable as set forth in the preceding sentences, a Director shall not be liable to the
.fullest extent permitted by any amendment to the Texas statutes that further limits the liability of a
Director.
XII.
In the event of the dissolution of the Corporation, its assets shall be applied and distributed as
follows:
22
A. All liabilities and obligations ofthe Corporation shall be paid, satisfied and discharged, as set
forth in the o ex as Non-Profit Corporation Act, ex. Rev. Civ. Stat. Ann. Art 1396-6.02
§A.(1 )(Vernon 1997).
B. Assets held by the Corporation upon condition requiring return, transfer, or conveyance,
which condition occurs by reason of the dissolution, shall be returned, transferred or
conveyed in accordance with those requirements.
C. The remaining assets shall be distributed to the sponsoring governmental entities or to the
State of Texas as agreed by the sponsoring governmental.entities. If there is no agreement;
the assets shall be distributed as follows: For physical assets, including real estate and
personal property, first to the sponsoring governmental entity in which the asset is located
and if the asset is located in more than one sponsoring governmental entity, to the entity with
the largest total population with an elected governing body; for assets not located in a
sponsoring governmental entity, to the nearest sponsoring governmental entity with
connecting physical assets or, if there are no connecting physical assets, to the nearest
sponsoring governmental entity. All remaining assets shall be distributed based on the value
of the physical assets distributed to the sponsoring governmental entity or, if there are no
physical assets, distributed proportionately based on the population of the sponsoring
governmental entity according to the most recent federal census.
XIII.
A resolution approving this form of the Articles of Incorporation of the Corporation was adopted
by the (governing body - Commissioners Court/City Councilletc.) of (countylcitylauthority) on the -
day of 2009.
IN WITNESS WHEREOF, we have hereunto set our hands as of this day of 2009.
23
The State of Texas 9
County of §
Before me, the undersigned authority, on this day personally appeared 7
and whose names are subscribed to the foregoing instrument and,
being by me first duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this the day of ,2009
Name
Notary Public in and for
The State of Texas
24
South Central High Speed Rail and Transportation Authority, Inc
Notes on Backgrou izd (~nd Purpose
A 50 1 (c)3 local government corporation (LGC) established under Chapter 43 1 Texas Transportation Code,
Subchapter D, the South Central High Speed Rail and Transportation Authority (SCHSRTA) would unite
cities, counties, rail districts, and navigation districts generally along the federally-designated South Central
and Gulf Coast High Speed Rail Corridors to develop high-speed rail in these corridors. Per the provisions of
existing Texas Code, this corporation will have the same authorities and powers as does its various members.
This will be the entity that will have the authority to formally engage with the federal government, other state
governments, and the private sector in regards to the design, construction, operation, and financing of the
Texas T-Bone High-Speed Rail Corridor.
Key facts:
4 Texas cities and counties own and operate various transit agencies, airports, and seaports, etc - many of
which were established through agreements and partnerships such as this LGC.
4 Developing high-speed rail through an LGC helps to ensure that the decisions regarding project financing,
construction, facility location, performance standards, etc, are made with substantial input from the
communities most directly impacted by these decisions.
4 Federal high-speed rail statutes, currently being drafted, will require a designated liaison from each
statelcorridor. This LGC will be ideally positioned, especially following the passage of CSSB 1570, to
actively pursue existing and future federal high-speed rail dollars.
4 The LGC would work closely with MPOs along the high-speed rail corridors to ensure efficient, seamless
connectivity among modes.
4 Other than nominal filing fees, there is no obligation of funds required for participation in the LGC. The
THSRTC implementation plan calls for funding for the initial studies, right-of-way purchase, and
construction, etc to be secured from primarily private sector sources, along with available federal and state
dollars.
4 The THSRTC is a 501 (c)6 corporation that would continue to function in an advocacy role to advance the
goals and objectives of the LGC.
How it would work:
4 Upon the creation of the LGC and the passage of CSSB 1570, cities, counties, seaports, and other political
subdivisions of the State actively involved with the LGC will have the authority to negotiate on behalf of
the State of Texas to develop high-speed rail along the Texas T-Bone High-Speed Rail Corridor.
4 The LGC's Board of Directors would be comprised of representatives of the political entities serving as
the incorporators of the LGC. For instance:
o To create and join the LGC, cities, counties, etc, would be required to pass a resolution
approving the LGC's articles of incorporation, and would nominate the appropriate number of
representatives to serve on the Board. (Currently, the articles provide for a Board of nine. So,
should three entities pass concurrent resolutions to create the LGC, each would provide tliree
representatives to the Board.)
o Once the resolution is passed by at least one entity, but most likely several cities and counties,
the articles will be filed with the Secretary of State and the LGC will be formed.
o Upon passage of CSSB 1570, the LGC will move aggressively to formally pursue federal
finds, seek an MOU with a private sector consortium, and begin making decisions that would
determine, for study purposes, the location of track infrastructure, rail stations, and ancillary
facility locations.
4 Through passage of the appropriate resolution to be included as an original incorporator of the South
Central High Speed Rail and Transportation Authority, Inc, cities and counties will have substantial input
on the creation and adoption of the LGC's by-laws and governance structure.
25
From:
To:
Date:
Subject:
Lucy Taylor .
Cargill, Harvey; Migl, Hayden; Neeley, David; Powell, Mary Ann; Robi ...
4/16/2009 3:23 PM
Fwd: Special Notice: Upcoming THSRTC Meetings
Lucy Taylor
Council Administration Services Coordinator
City of College Station
City Secretary's Office
P.O. Box 9960
College Station, Texas 77842
979-764-3516 phone
979-764-6377 fax
Itaylor@cstx.gov
>>> "Travis Kelly" <TKelly@dean.net> 4/16/2009 3:06 PM >>>
** High Priority **
Dear THSRTC Members,
As we have been discussing, the Local Government Corporation is well on its way to being incorporated. Dallas County
approved a resolution on Tuesday, the City of Temple's City Council will consider a similar resolution this evening, and I
have heard from most of you regarding the dates already set for your courts and councils to consider resolutions as well.
Following a number of productive meetings in Austin on Tuesday and Wednesday, we have quite a bit to discuss in regards
to the local government corporation and the THSRTC-approved committee substitute for SB 1570.
Please plan on participating in a conference call tomorrow, Friday, April 17 at 1:00 PM. The call in number will be
1.800.416.8128. Please use meeting number 408159#.
During its Monday hearing, which begins at 8:00 AM, the Senate Transportation and Homeland Security Committee will
consider SB 1570, the bill discussed during our conference call on Monday, April 6. This is easily the most important bill of
the entire session for the Corporation, and we would encourage all THSRTC member representatives to make plans to
attend the hearing.
In preparation for Monday's consideration of SB 1570 by the Senate Transportation and Homeland Security Committee,
THSRTC members are encouraged to attend an informal briefing session in Austin on Sunday, April 19 from 4:00 - 6:00 PM
in the Austin Suite at the Doubletree Hotel (303 West 15th Street). The attire will be casual, and we will go to dinner
following the meeting.
I will look forward to hearing from you regarding your availability to participate in the conference call, the Sunday briefing,
and the Committee hearing.
Thank you again for all of the hard work and valuable time and resources that each of you dedicate to this project. Next
week will likely prove to be a definitive step in the effort to advance the Corporation's goals and objectives, and I look
forward to working closely with each of you to help ensure that it is a success.
Best,
26
COUNCIL AGENDA ITEM MEMORANDUM
0411 6/09
Item #I0
Regular Agenda
Page I of 2
DEPT.IDIVISION SUBMISSION & REVIEW:
Jonathan Graham, City Attorney
ITEM DESCRIPTION: Consider adopting resolutions:
(A) Supporting the adoption of Senate Bill 1570 by the Texas Legislature, which would authorize the
State of Texas to contract with the "South Central High Swed Rail Corporation, Inc.," a local
government corporation organized under Chapter 431 of the Transportation Code, to facilitate,
analyze, and implement high speed passenger rail service within the South Central High-Speed Rail
Corridor and the Gulf Coast High-Speed Rail Corridor.
(B) Authorizing the City of Temple to form a local government corporation, to facilitate, analyze, and
irr~plement the development of high-speed passenger rail service within .the South Central High-
Speed Rail Corridor and the Gulf Coast High-Speed Rail Corridor.
STAFF RECOMMENDATION: Adopt resolutions presented in item description.
ITEM SUMMARY: Support for the Adoption of SB 1570: Senate Bill 1570, a bill currently under
consideration by the Texas Senate, authorizes the State of Texas, acting through the Railroad
Commission, to contract with a local government corporation (LGC) to facilitate, analyze and
implement high-speed passenger rail service in Texas. A high-speed passenger rail service means
service capable of operating in excess of 200 miles per hour. The primary focus for the LGC is what
is defined as the "South Central High-Speed Rail Corridor," which is a federal designation for an area
encompassing Texas, Oklahoma and Arkansas, and the "Gl.~lf Coast High-Speed Rail Corridor," an
area in Texas roughly corresponding to the DFW/Houston/San Antonio triangle.
SB 1570 authorizes the local government corporation, among other things, to: (1) seek federal and
state funding for high-speed passenger rail service; (2) seek . interconnectivity of high-speed
passenger rail systems in Texas with similar systems in other states; (3) seek interconnectivity with of
high-speed passenger rail system with other existing and planned transportation systems within the
state and adjacent states (e.g., airports, seaports, highways and other commuter rail); (4) ensure
connectivity with Fort Hood, Texas; (5) contract with private companies or foreign governments for
the design, construction, financing and operation of a high-speed passenger rail system; and (6) to
coordinate their efforts with the State and its agencies.
27
0411 6/09
Item #I 0
Regular Agenda
Page 2 of 2
Creation of the Local Government Corporation: SB 1570, in its current form, authorizes the State
to contract with a local government corporation, which it denotes as the "South Central High Speed
Rail Corporation, Inc." 'The South Central High Speed Rail Corporation has to be organized under
Chapter 431, Subchapter Dl of the Texas Transportation Code, and takes its name from the federal
designation for a high-speed rail corridor that could serve Texas, Oklahoma and Arkansas.
The City of Temple has been an active participant in the Texas High Speed Rail and Transportation
Corporation (THSRTC), a coalition of cities, counties and other entities promoting high speed rail in
Texas, and the Mayor of Temple currently serves on its board of directors. Temple is at the central
location within the Gulf Coast High-Speed Rail Corridor-at the "T" of a proposed intersection of a
t-~igh-speed line passenger rail line running from DFW to San Antonio where it intersects a
perpendicular high-speed line passenger rail line running from Houston to Temple.
Given our role within THSRTC and our geographical location within the Gulf Coast High Speed Rail
Corridor, Temple has been asked to be the local government entity that forms the South Central High
Speed Rail Corporation, Inc. (An alternative name of the proposed local government corporation is
the "South Central High-Speed Rail and Transportation Authority, Inc.")
The proposed resolution authorizes the City Attorney to proceed with the filing of articles of
incorporation with the Secretary of State's office to create this local government corporation. The
structure of the proposed South Central High Speed Rail Corporation, Inc., allows other
municipalities, counties and other local government entities to participate in the board of directors for
the corporation.
FISCAL IMPACT: There is a nominal filing fee for filing the articles of incorporation for the South
Central High Speed Rail Corporation, Inc. There may be additional nominal fees for filing for tax
exempt status with the Internal Revenue Service.
ATTACHMENTS:
Copy of S. B. 1570
Draft Articles of Incorporation
Resolution
28
April 23, 2009
Consent Agenda Item No. 2c
Change Order #4 for the Arrington Road Decatur Drive
Infrastructure Improvements Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding action to ratify
a change order for Construction Contract 07-185 with Knife River for the construction of the
Arrington Road-Decatur Drive Roadway Extension, Project No. ST-0606, in the amount of
$42,646.78.
Recommendation(s): Staff recommends approval of the change order for $42,646.78
to Knife River on the Arrington Road-Decatur Drive Roadway Extension Project No. ST0606.
Summary: The City Council approved a construction contract to Knife River for the
Arrington Road and Decatur Drive Infrastructure Improvements. The construction contract
for $4,085,307.35 was approved by City Council 06-14-07. Construction was substantially
complete on November 26, 2008. This change order is one of the final steps in the project
closeout process, and is intended to finalize all quantities in the contract - provide payment
for all the work and materials provided during construction, apply a credit for all the work
materials not provided during construction, and allow for payment of the final invoice for the
construction contractor.
The following change order is for the following: grade adjustments to the roundabout to
improve drainage; additional sidewalk curb leading to the bridge; modifications to the
Arrington Road tie-in to State Highway 40 to accommodate TxDOT; remove and replace two
ramp landings to meet new ADA requirements; raised pavement markers; and add Bridge
cover plates to the bridge which were not shown on drawings. Also, this is the final change
order and all quantities on the original bid were balanced out unless the quantities were
exact. This change order also includes $12,000 in liquidation damages to be paid by the
construction contractor for not meeting the project schedule included in the contract.
Budget & Financial Summary: Funds in the amount of $4,205,568 are currently
budgeted for the Streets portion of this project in the Streets Capital Improvement Projects
Fund. Funds in the amount of $4,204,684.23 have been expended or committed to date,
leaving a balance of $883.77. It is proposed that $44,432 be transferred from the
Dartmouth Extension project to cover this change order and any remaining expenses on the
project. The Dartmouth Extension project is complete and came in under budget. The
revised budget for the Streets portion of the Arrington/Decatur Extension project will be
$4,250,000.
Attachments:
1. Change Order No. 4
2. Location Map
29
30
31
April 23, 2009
Consent Agenda Item No. 2d
Change Order to Brazos Valley Services Contract
for William D. Fitch Widening Phase II
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding Change Order
No. 2 to the construction contract with Brazos Valley Services (Contract No. 09-038) in the
amount of $52,747.14 for the William D. Fitch Widening Phase II project.
Recommendation(s): Staff recommends approval of Change Order #2 to the Brazos
Valley Services contract in the amount of $52,747.14.
Summary: This change order is for quantity increases to the bid tab amount for bridge
related items including sidewalks, monolithic curb, and bridge bent. Although these items
were shown on the design drawings, the quantities listed on the bid form were inaccurate.
Additionally, this change order also includes quantity deductions resulting from a shift in the
roadway alignment east of the intersection to avoid conflict with an gas pipeline.
Budget & Financial Summary: Change order #2 will result in a net increase of 1.41%
of the original contract amount. Funds in the amount of $4,530,000 are currently budgeted
for this project in the Street Capital Projects Fund. Funds in the amount of $4,153,807.97
have been expended or committed to date, leaving a balance of $376,192.03.
Attachments:
1. Change Order #2
2. Project Location Map
32
33
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34
April 23, 2009
Consent Agenda Item No. 2e
BVSWMA TAMU Household Hazardous Waste Collection Event User Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion of a user agreement
between Texas A&M University and the Cities of College Station and Bryan authorizing
Texas A&M University to provide the University Services Building parking lot area and
ingress/egress roads for a term of five (5) years to the Brazos Valley Solid Waste
Management Agency for the spring Household Hazardous Waste & Computer Collection
event.
Recommendation(s): Staff recommends approval of the user agreement authorizing
Texas A&M University to provide the University Services Building parking lot area, and
ingress/egress roads a term of five (5) years to the Brazos Valley Solid Waste Management
Agency for the fall Household Hazardous Waste & Computer Collection Event.
Summary: The Brazos Valley Solid Waste Management Agency has a semi-annual regional
Household Hazardous Waste & Computer Collection Event for the safe disposal and recycling
of household hazardous waste. The Brazos Valley Solid Waste Management Agency will be
able to provide a safe environment for the disposal of hazardous waste and decrease the
amount of traffic congestion due to the increased space at the University Services Building.
After the user agreement has been executed by all parties, BVSWMA staff will give a 45 day
notice for the event as required from the Texas Commission on Environmental Quality. Staff
estimated that the event will be held in mid to late June, 2009. This item will also require
the approval of the Bryan City Council.
Budget & Financial Summary: None.
Attachments:
1. User Agreement
2. Location Map
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April 23, 2009
Consent Agenda Item No. 2f
Final Settlement with Mr. and Mrs. David and Jennifer Weber
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services.
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
Settlement Agreement and Release between the City and David and Jennifer Weber
compensating the Webers for the condemnation of easements necessary for the completion
of the Parallel Water Transmission Phase III.
Recommendation: Staff recommends Council approve the Settlement Agreement and
Release.
Summary: The final construction phase of the parallel water transmission line is complete.
The City now has enough capacity to move water from the well field to the City to last for
the foreseeable future. The construction project included some easement condemnations
along the pipeline route, including Mr. and Mrs. David and Jennifer Weber, owners of
Machine Works, Inc.
On March 27, 2008, City Council approved a Mediated Settlement Agreement, whereby the
Council approved $310,749.00 to bore under trees and driveways on the Webers’ property,
as well as a total of $38,000.00 to compensate the Webers for the easements and damages,
and $3,000.00 to compensate KBS Electrical Distributors, Inc., a tenant on the Webers’
property for damages resulting from the condemnation. Under the approved Mediated
Settlement Agreement, the parties agreed that additional compensation may be due the
Webers following completion of construction for any damages resulting from the
construction. Consequently, Mr Weber and the City have negotiated an additional payment
of $16,000.00 to the Webers to compensate them for the death of a large oak tree. The
total amount to be paid to the Webers under the proposed Settlement Agreement and
Release is $54,000.00.Staff recommends approval of the Settlement Agreement and
Release.
Budget & Financial Summary: $18,000.00 has already been paid to the Webers
following the condemnation hearing. Additional funds in the amount of $39,000.00 are
budgeted and available in the Water CIP Fund. This amount is the original $20,000.00 to
the Webers before construction, the $3,000.00 to be paid to the Webers’ tenant, and the
additional damage claim of $16,000.00.
Attachments:
Settlement Agreement and Release
Agreed Final Condemnation Judgement
Map
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April 23, 2009
Consent Agenda Item No. 2g
Renew Drought Contingency and Water Emergency Ordinance
To: Glenn Brown, City Manager
From: Dave Coleman, Director of Water Services Department
Agenda Caption: Presentation, possible action, and discussion approving an ordinance
amending Chapter 11, “Utilities”, of the Code of Ordinances of the City of College Station,
Texas, by amending Section 9: Drought Contingency and Water Emergency Plan in its
entirety.
Recommendation: Staff recommends approval of the ordinance to amend the Drought
Contingency and Water Emergency Plan.
Summary: Texas Commission on Environmental Quality (TCEQ) regulations require us to
adopt a revised Drought Contingency Plan by May 1, 2009. Our plan was initially adopted in
January 2000 and is titled the “Drought Contingency and Emergency Water Plan.” This plan
addresses the City’s response to water shortages or emergencies, regardless the cause, and
contains four stages of response actions, depending on the severity of the issue. The Plan
was last revised 2005 to accommodate stakeholder feedback, changes in regulatory
requirements, and to ensure that the Plan adequately addressed water use during normal
and emergency operating conditions.
This ordinance has two purposes: First, to renew the City’s commitment to prudent water
management, and secondly, to implement one of the “Best Management Practices” that City
Council approved in January 2008. This plan contains provisions that prohibit water waste,
and allow the City to issue warnings and levy fines ranging from $25 to $500. The
amendment also makes the water waste prohibitions applicable year-round and slightly
changes the landscape watering hours and schedules.
Since these changes are consistent with previous Council direction, staff recommends
approval.
Budget & Financial Summary: The Plan and its implementation should have minimal
financial impact on the City’s water production operations, administration, and enforcement
of drought contingency measures.
Attachments:
Ordinance
Drought Contingency and Water Emergency Plan
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100
101
102
103
104
105
106
107
April 23, 2009
Consent Agenda Item No. 2h
Renew Water Conservation Plan
To: Glenn Brown, City Manager
From: Dave Coleman, Director of Water Services Department
Agenda Caption: Presentation, possible action, and discussion approving a resolution for
adoption of an updated Water Conservation Plan, including goals required by TCEQ.
Recommendation: Staff recommends approval of the resolution.
Summary: In October 2006 the City Council approved a resolution updating its existing
water conservation plan to include quantified 5 and 10 year conservation goals. This was
done as a condition of the City’s application to the Texas Commission on Environmental
Quality (TCEQ) for a Bed and Banks permit. We are now required to submit a revised water
conservation plan to TCEQ no later than May 1, 2009, and every five years after that.
The revised Water Conservation Plan for College Station updates the targets and goals in
the 2006 plan and satisfies TCEQ requirements.
In summary, the goals for reduction of peak per-capita daily water consumption are:
· 2008: 284 gallons
· 2013: 270 gallons
· 2018: 256 gallons
Measures undertaken to achieve these reductions are:
· Use reclaimed water (treatment plant effluent) to irrigate Veteran’s Park
· Routine audits of water system losses
· Implementation of inclined water rate structure
· Improve verification of water meter accuracy and make repairs
· Improve public education regarding irrigation practices and conservation
Since this Plan reinforces measures and goals already in place and approved by City
Council, staff recommends approval.
Budget & Financial Summary: There is no cost to adopt this update to the Water
Conservation Plan. Funds or Policy changes required to achieve any particular goal will be
brought to Council individually for approval.
Attachments:
Resolution
Water Conservation Plan
108
109
Water Conservation Plan
October 2009
Public Water Supply Identification Number: 0210002
Brazos County
David M. Coleman, P.E., Water Services Director
P.O. Box 9960
1601 Graham Road
College Station, TX 77842
979-764-3660
http://www.cstx.gov/utilities
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TABLE OF CONTENTS
SECTION 1 – INTRODUCTION AND UTILITY PROFILE ........................................................................ 1
INTRODUCTION ..................................................................................................................................... 1
UTILITY PROFILE ................................................................................................................................... 1
SECTION 2 – CONSERVATION GOALS ................................................................................................ 2
CONSERVATION GOALS....................................................................................................................... 2
SECTION 3 – STRATEGIES TO ACHIEVE CONSERVATION GOALS ................................................... 3
WATER RATE STRUCTURE .................................................................................................................. 3
WASTEWATER REUSE .......................................................................................................................... 3
WATER LOSS CONTROL MEASURES .................................................................................................. 3
RECORDS MANAGEMENT SYSTEM ..................................................................................................... 4
PUBLIC EDUCATION PROGRAM .......................................................................................................... 4
WHOLESALE WATER SUPPLY CONTRACTS ...................................................................................... 5
PLUMBING CODE AND RETROFIT PROGRAM .................................................................................... 5
LANDSCAPE WATER MANAGEMENT .................................................................................................. 5
PERFORMANCE MEASURES AND REPORTING .................................................................................. 6
COORDINATION ..................................................................................................................................... 6
APPENDIX A: RESOLUTION OF THE COLLEGE STATION CITY COUNCIL ADOPTING WATER
CONSERVATION PLAN ........................................................................................................................ A
APPENDIX B: TRANSMITTAL LETTER TO BRAZOS REGION G REGIONAL WATER PLANNING
GROUP .................................................................................................................................................. B
APPENDIX C: TRANSMITTAL LETTER TO BRAZOS VALLEY GROUNDWATER CONSERVATION
DISTRICT ............................................................................................................................................... C
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SECTION 1 – INTRODUCTION AND UTILITY PROFILE
INTRODUCTION
In accordance with the guidelines of the Texas Water Development Board (TWDB), the City of College
Station (hereafter referred to as "the City") adopted a Water Conservation Plan in 1996 and updated it in
1998. In order to meet requirements of the Texas Commission on Environmental Quality (TCEQ), the
City has updated its water conservation plan for adoption as a City resolution.
The resolution of the City Council adopting the Water Conservation Plan shall authorize the City to
implement, enforce, and administer the program.
UTILITY PROFILE
Population and customer data
The City's Water Services Department manages a water distribution service area of 47 square miles
and serves a population of over 80,000 residents. This population amount includes approximately
10,000 students attending and living on campus at Texas A&M University (TAMU) that are not
actually served by the College Station water utility. Accounting for these students who reside in
College Station, but are served by the TAMU water system, this leaves an actual water service
population of over 70,000 residents. The City provides drinking water to its customers through a
network of nearly 330 miles of transmission and distribution mains that provide service to over 36,400
water connections.
The official U.S. Census population count for the City in 2000 was 67,890, an increase of 29% from
the 1990 Census. Population projections for College Station, described in 2006 Brazos Region G
Regional Water Plan, forecast the City’s population will reach 80,920 by 2010 and 94,526 by 2020. In
comparison, the City’s water consumption peak day demand is expected to increase to almost 25
MGD by 2010 and over 27 MGD by 2015.
Water use data
Table 1 below summarizes key water use statistics for 2003 – 2008. Average per person usage is
given in gallons per capita per day (gpcd). Average and peak daily water demand is given in million
gallons per day (MGD). . The peak day to average day ratio varies between 1.71 and 2.11, meaning
that peak day demand is nearly twice the average demand.
The peak demand for the City is 22.9 MGD, reached in 2008. During high demand periods when
large volumes of water are being pumped from the aquifer, the production capacity of the wells is
reduced due to declining water levels of the aquifer. The City’s water production and pumping
system capacity is currently 23 MGD.
Table 1. Municipal Water Demand 2004 – 2008
Year 2004 2005 2006 2007 2008
Peak GPCD 268 286 276 215 284
Annual Average GPCD 127 155 149 126 137
Peak Day (MGD) 18.81 20.62 20.42 16.48 22.90
Average Day (MGD) 8.93 11.14 11.05 9.64 11.63
Peaking Factor 2.11 1.85 1.85 1.71 1.97
Water Production and Delivery System
The City utilizes ground water for its public water supply and since 1980 College Station has
developed its own water production facilities. The City has eight groundwater wells, six of which
withdraw groundwater from the Simsboro Sand formation of the Carrizo-Wilcox Aquifer, and two of
which withdraw groundwater from the Carrizo and Sparta formations. The City’s wellfield is located
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northwest of Bryan in the vicinity of Sandy Point Road near Old San Antonio Road. Cooling towers
located at the Sandy Point Pump Station cool the raw water from 118° F down to approximately 85°.
The water is then pumped through a raw water transmission line to the Dowling Road Pump Station
in College Station. Here the water is treated to meet Safe Drinking Water Act standards before being
pumped to storage and distribution facilities. The City’s water distribution system includes two ground
storage reservoirs and two elevated storage tanks, providing a total storage capacity of 13 million
gallons.
Wastewater Collection and Treatment System
Raw wastewater in College Station travels through a network of over 260 miles of wastewater
collection lines to one of two wastewater treatment plants, the Carter's Creek Wastewater Treatment
Plant and the Lick Creek Wastewater Treatment Plant. The two wastewater treatment plants and
numerous lift stations serve a population of over 70,000 people, with an average daily discharge of 6
to 7 MGD and maximum daily wastewater treatment capacity of 11.5 MGD.
SECTION 2 – CONSERVATION GOALS
CONSERVATION GOALS
The purpose of this water conservation plan is to reduce long-term demand on limited water
resources by encouraging more efficient water use practices in College Station. Its primary goals are
to reduce peak seasonal water demand and reduce the peaking factor on the water production and
delivery system.
Goal 1: Reduce peak daily water demand
Goal 2: Reduce peaking factor
TCEQ rules require the City build capacity to meet escalating peak daily demands, which, as
discussed in Section 1, can be up to twice the average demand. Thus, reducing those peak demands
will enable the City to defer new capital expenditures for production facilities, and better use of
available water resources.
The City aims to reduce peak demand through two methods: programs targeted at reducing peak per
capita demand, and programs aimed at reducing the peaking factor. Table 2 outlines projected
targets for reducing per capita demand and peaking factor. The State Water Conservation
Implementation Task Force recommends that municipalities set goals of reducing per capita
consumption by 1% per year. The goals proposed in this plan are structured so that consumption is
reduced by 1% each year, meeting the ultimate goal within ten years.
Table 2. Municipal per capita water use goals
Year 2008 2013 2018
Peak GPCD 284 270 256
Annual Average GPCD 137 137 137
Peaking Factor 1.97 1.90 1.81
Goal 3: Maintain unaccounted-for water at or below 10%
Table 3. Water Accountability
Year 2006 2011 2016
Demand
Unaccounted-for Water (Gallons)
Unaccounted for Water (%) 10% 9% 8%
In any system, water loss may occur due to leaks, line breaks, meter inaccuracies, theft, and other
issues. The City monitors water production and water billing on a monthly basis and tracks system
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water loss on a percentage basis. The City has consistently maintained an average water
accountability rating of 10%, meaning that water billed is greater than or equal to 90% of water
produced. At a minimum, the City will continue to meet this target, and investigate ways to improve
water accountability at or above 90%.
Time frame for achieving conservation goals
The three goals outlined above are designed to be achieved within 10 years of the date of adoption of
this Plan. The City will periodically evaluate the plan in accordance with State and Federal regulations
to determine the extent, if any, that the plan needs modification.
SECTION 3 – STRATEGIES TO ACHIEVE CONSERVATION GOALS
WATER RATE STRUCTURE
The City utilizes an inclining water rate structure to encourage customers to reduce both peak and
overall water usage, while fairly allocating cost of service to each customer class. Under an inclining
rate structure, the rate per thousand gallons increases as the amount of water used increases. The
City implemented this inclining water rate structure in Fiscal Year 2008. The current rate structure
charges monthly service charges based on meter size, plus a uniform rate per thousand (1000)
gallons up to 10,000 gallons. After 10,000 gallons, the rate per thousand increases $0.60 per
thousand gallons per 5000 gallon block up to 26,000 gallons. All residential usage above 26,000
gallons is billed at a uniform rate of $4.86 per thousand (1000) gallons(City Ordinance No. 3116).
Currently, commercial rate structure charges monthly service charges based on meter size, plus a
uniform water usage rate per thousand (1000) gallons. City Staff is currently researching the option
of altering the commercial rate structure in order to meet conservation goals.
This rate structure will be reviewed on a regular basis to ensure that the rates adequately recover the
cost of service and meet the goals of this water conservation plan.
WASTEWATER REUSE
The City has received authorization from the TCEQ to reuse its treated wastewater effluent as Type I
reuse water, the highest quality of reuse water. The goal for the City’s water reuse program is to
reduce peak demand on the potable (drinking) water system by switching non-potable uses of water,
such as athletic field irrigation, to reuse water. In 2006 the City has completed a feasibility study of
providing reuse water for irrigation at City-owned parks and facilities.
The first part of this plan will include extending reclaimed water infrastructure to the City’s two main
parks: Veterans Park and Athletic Complex, and Central Park. The City hopes to complete the first
phase of its water reuse program by 2011. When this system is fully implemented, it will provide
nearly 1 million gallons per day of reclaimed water to the parks, reducing demand on the potable
water system. In the future, the City plans to expand its water reuse program to include large volume
commercial customers, such as shopping centers and business parks.
WATER LOSS CONTROL MEASURES
The goal of the City’s water loss control program is to maintain unaccounted-for water (unbilled
authorized and unbilled unauthorized usage) water at or below 10% of water produced, on a monthly
basis. In order to meet this goal, the City has several programs in place, including routine water
audits, a program of leak detection and repair, and meter testing and accuracy.
Routine Audits of Water System
The Water Services Department generates a monthly water loss report that compares metered
production with metered consumption, as well as accounted-for and unaccounted-for water losses.
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This report provides an effective tracking system of water loss. The City will also complete a detailed
water system audit following Texas Water Development Board (TWDB) guidelines at least once each
year. TWDB rules only require this audit to be submitted once every five years. The water system
audit determines the volume of actual water loss, the identification of water loss sources, the status
and condition of primary water meters, an analysis of water line breaks, an evaluation of underground
leakage potential, and provides recommendations for meter replacement
Leak Detection and Repair
The City administers a leak detection and repair program for its water distribution system. This
program features a work order prioritization system for leaks needing repair and an inventory of
equipment and materials needed to promptly repair all detected or reported leaks. The City’s annual
rehabilitation program to upgrade its water distribution system also addresses high volume leaks. The
City also conducts an annual distribution system rehabilitation program that replaces the high water
loss sections of the distribution system. This program is based on findings of monthly water loss
reports and the leak detection program.
Universal Metering
The ability to meter all water distribution and consumption uses allows the City to closely monitor
actual water use, water losses, and prevent unauthorized use. All service connections in the City are
metered. All production wells, pumping stations, interconnections, irrigation, swimming pools, parks,
and municipal structures operated by the City are metered.
Meters at water production pump stations are calibrated and tested annually in accordance with
American Water Works Association (AWWA) standards to provide a minimum accuracy of plus or
minus five percent (5%).
The City will continue to provide a preventive maintenance program for its water meters, wherein
regular scheduled testing, repairs, and replacement are performed in accordance with American
Water Works Association (AWWA) standards.
RECORDS MANAGEMENT SYSTEM
The City administers a comprehensive record management system that accounts for water use
characteristics throughout the water system and allows for the separation of aggregate water sales and
water usage characteristics into customer-specific categories. The system is configured to provide the
following water use information:
· Water production
· Water sales
· Water consumption
· Water losses
PUBLIC EDUCATION PROGRAM
The City’s public education program typically makes at least 6,000 direct customer contacts each
year through presentations, booths at community fairs, and plant tours. This figure does not include
indirect contacts through utility bill inserts, newspaper and radio ads, and similar programs. The City
promotes water conservation issues by informing the public in the following ways:
· Making water conservation information available to new customers
· Making residential water audits available to all customers
· Providing water conservation information to all customers upon request
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· Coordinating educational presentations, lectures, and demonstrations for schools, civic
groups, and the general public
· Providing exhibits at public events held throughout the year
· Publishing water conservation information on a regular basis in the City’s utility bill insert or
other written form
· Providing book covers with a water conservation message for College Station ISD students
· Participating in community environmental education activities with the City of Bryan and other
local organizations to promote water conservation education
· Supporting annual events and demonstrations relating to water conservation and
environmental issues that affect water supply and quality
WHOLESALE WATER SUPPLY CONTRACTS
The City will, as part of contracts for sale of water to any other entity re-selling water, require that
entity to adopt applicable provisions of the City's water conservation and drought contingency plan or
have a plan in effect previously adopted and meeting the basic requirements of 30 TAC §288. These
provisions will be through contractual agreement prior to the sale of any water to the water re-seller.
PLUMBING CODE AND RETROFIT PROGRAM
The City has adopted the International Plumbing Code, which requires the use of water saving, Ultra
Low Flow (ULF) fixtures to be installed in new construction and in the replacement of plumbing in
existing structures.
The City educates the residents, plumbers, and contractors on the benefits of retrofitting existing
facilities with water saving devices through its public education program. In addition, the City is
evaluating the feasibility and cost effectiveness of implementing an Ultra-Low Flow (ULF) rebate
program or similar incentive program that would offer cash rebates or other incentives to water
customers that replace old toilets, showerheads, and other fixtures with new ULF models. The City is
hopeful to have rebate programs enacted FY 09-10.
LANDSCAPE WATER MANAGEMENT
The City provides information about the methods and benefits of water conserving landscaping
practices and devices, through public education to homeowners, business owners, landscape
architects and designers, and irrigation professionals. The following methods are encouraged:
· The use of Xeriscape TM and “Water Wise” landscaping techniques, including drought tolerant
plants and grasses for landscaping new homes and commercial areas.
· The use of drip irrigation systems when possible or other water conserving irrigation systems that
utilize efficient sprinklers and considerations given to prevailing winds. Additional point credits are
given to commercial landscapes that employ water-efficient irrigation systems.
· Making sure that ornamental fountains and similar water features are designed to recycle water
and use minimal amounts of water.
· Working with area landscape supply businesses and nurseries to encourage them to sell locally
adapted, drought tolerant plants and grasses along with efficient irrigation systems, and to
promote use of these materials through demonstrations and advertisements.
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· The City is now offering landscape irrigation audits which include a system checkup, an efficiency
check, and a general irrigation schedule.
PERFORMANCE MEASURES AND REPORTING
The City will compile an annual report on the Water Conservation Plan, to include the following:
· Summary of public information issued in the previous year
· Report on meter testing program
· Summary of water loss control program
· Effectiveness of Water Conservation Plan in reducing peak and overall water consumption
· Per capita water consumption for the previous calendar year.
· Implementation progress and status of plan.
COORDINATION
Recognizing that each City has similar water systems and customer bases, and similar needs for
water conservation, the City of College Station and the City of Bryan worked together in developing
similar water conservation plans.
Coordination with Drought Contingency and Water Emergency Plan: The Water Conservation Plan
shall work in accordance with the related City of College Station Ordinance, Drought Contingency and
Water Emergency Plan, first adopted in January 2000 and as it may be revised from time to time.
Coordination with Regional Water Planning Group: The City of College Station will provide this Water
Conservation Plan to the Brazos Region (Region G) Water Planning Group, as designated by the
TWDB.
Coordination with Groundwater Conservation District: The City of College Station will provide this
Plan to the Brazos Valley Groundwater Conservation District.
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A
APPENDIX A: Resolution of the College Station City Council adopting Water Conservation Plan
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B
APPENDIX B: Transmittal Letter to Brazos Region G Regional Water Planning Group
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C
APPENDIX C: Transmittal Letter to Brazos Valley Groundwater Conservation District
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April 23, 2009
Consent Agenda Item No. 2i
Twin Oaks Landfill Wetlands Mitigation Credit Purchase
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding a
resolution to purchase 11.5 Wetland Mitigation Credits from Mitigation Solutions USA
LLC in the amount of $201,250.00.
Recommendation(s): Staff recommends approval of the resolution.
Summary: This credit purchase is necessary to meet federal agency mitigation
requirements for wetlands at the new landfill site on State Highway 30. The total
purchase price for the credits is $201,250.00, including a $20,125.00 deposit
payment. The Twin Oaks Landfill site is under construction south of SH 30 and Alum
Creek in Grimes County, Texas. Because this site contains wetlands that will be
disturbed during construction, BVSWMA is required by the U.S. Army Corps of
Engineers to obtain approval of a compensatory mitigation plan under a Clean Water
Act, Section 404 Individual Permit.
On January 27, 2009, the Bryan City Council considered and denied a proposal to
purchase a wetlands mitigation tract as outlined in the original 404 permitted
mitigation plan. The action has resulted in the formulation of a contingency plan that
will meet 404 permit requirements through credit purchase.
The contingency plan consists of the acquisition 11.5 Wetland Mitigation Credits to
offset the disturbed areas that will be affected during current construction, and
subsequent construction of disposal cells 2A, 2B, and 3A or approximately the next
ten years of operations at the facility. Staff will then proceed with efforts to mitigate
the rest of the disturbed areas through additional credit purchases, if credits are
available. The BVSWMA Policy Advisory Board was briefed on the credit purchase and
contingency plan on April 13, 2009.
The 11.5 Wetlands Mitigation Credits will be purchased from the XTO Steele Creek
Mitigation Bank, located in Robertson County, through Mitigation Solutions USA LLC.
A non-refundable deposit of $20,125.00, due April 17, 2008, was paid on April 9,
2009. The remaining balance of $181,125.00 will be paid upon approval of this
expenditure authorization.
Budget & Financial Summary: Funding for this credit purchase is available in the
BVSWMA Capital Improvements Fund. As BVSWMA is funded through an inter-local
agreement, both the Cities of Bryan and College Station are sharing the cost of this
project. This item will also require the approval of the Bryan City Council.
Attachments:
1. Resolution
2. Mitigation Solutions USA LLC Cover Letter – April 08, 2009
3. Mitigation Solutions USA LLC Invoice# MSUSA 009-05D – April 08, 2009
121
122
123
124
125
MITIGATION SOLUTIONS USA LLC
ATTN: TERRY MCKENZIE
ST-98 LAKE CHEROKEE
HENDERSON, TX. 75652
_________________________________________
TERRY MCKENZIE (903) 754-6139 CELL INVOICE #
PRESIDENT (903) 643-3653 OFFICE MSUSA 009-05D
MITIGATION SOLUTIONS USA LLC (903) 704-4627 FAX
EIN#26-2198213 Terry@MitigationSolutionsUSA.com
April 08, 2009
Attn: City of Bryan, Texas & City of College Station, Texas
FEE FOR THE PURCHASE OF 11.5 CREDITS FROM MITIGATION
SOLUTIONS USA LLC REPRESENTING CREDITS FROM XTO STEELE
CREEK MITIGATION BANK FOR USACE PROJECT NUMBER 200100239
TWIN OAKS LANDFILL, GRIMES, COUNTY TEXAS.
1. MSUSA will provide 11.5 credits to the City of Bryan, Texas and the City of
College Station, Texas at a price of $17,500/credit, totaling $201,250.
2. To complete the 11.5 credits purchase, the remaining 90% payment of $181,125
must be received in 6-months or 30 days after the USACE permit has been
approved. Please make payment to MITIGTION SOLUTIONS USA LLC.
Return Payment to:
Terry McKenzie
President
Mitigation Solutions USA LLC
ST-98 Lake Cherokee
Henderson, TX. 75652
AMOUNT DUE 30 DAYS AFTER USACE
PERMIT HAS BEEN APPROVED. $181,125
126
April 23, 2009
Consent Agenda Item No. 2j
Change Order No. 2 for Emergency Vehicle Purchase
To: Glenn Brown, City Manager
From: R.B. Alley Fire Chief
Agenda Caption: Presentation, possible action, and discussion regarding Change order
No. 2 to purchase order No. 09-0308 to Martin Apparatus and Equipment, in the amount of
$29,684 for the purchase of two (2) 2009 Pierce Velocity Pumpers and one (1) 2009 Pierce
/ Peterbilt 340-3000 Gal Pumper / Tanker.
Recommendation(s): Staff recommends ratification of the change order.
Summary: One pumper and the pumper / tanker were approved in the 2009 fleet and
equipment replacement schedule. The second pumper was approved by City Council on
12/11/2008. This Change Order increases line 1 of the Purchase order by $21,522 and line
2 by $8,162 and brings the Grand total of the purchase order to $1,335,207.80. The new
amount is still approximately $25,000 less than the total amount approved for the
purchase of these Emergency Vehicles. Change Order No. 2 represents an increase of
2.28% of the original purchase order, however since it exceeds the statutory limit of
$25,000 it must be taken to Council for ratification. The change order was approved by the
Assistant Fire Chief after a February pre-construction visit to the factory to address safety
and operational issues with the units, and to ensure the units place on the assembly line for
a July delivery.
Budget & Financial Summary: Funds are available and budgeted in the Fleet and
Equipment Replacement Fund.
Attachments:
Pierce Pre-Construction Change Order Forms.
Purchase Order
127
128
129
130
131
132
133
City of College Station
Purchase Order
DELIVER BY F.O.B. TERMS ACCOUNT NO. PROJECT NO. REQ. NO. BID NO
V
Purchase Order No.
Date
QUANTITY UOM DESCRIPTION UNIT COST EXTENSION
S
E
PURCHASING AGENT
GRAND
TOTAL
Above number must appear
on all correspondence
N
D
O
R
H
I
P
T
O
LINE
1101 Texas Avenue
P O Box 9960
College Station, Texas 77842-0960
(979) 764-3555 Fax: (979) 764-3899
www.cstx.gov
NOTICE TO VENDOR:To insure prompt payment mail invoice in duplicate and copy of paid freight bill to be included
if invoicing for prepaid freight. Mail invoice to Attn: Accounting Department, P. O. Box 9973, College Station, Texas
77842-0973. The City of College Station is exempt from Federal, State, and Local taxes. Federal No. is 1-74-6000534-5.
1
090308
12/17/08
CHANGE #: 1
DATE CHG: 03/24/0936007
MARTIN APPAR. & EQUIPMENT
14233 INTERDRIVE WEST
HOUSTON, TX 77032
TEL# (800) 784-6806
CITY OF COLLEGE STATION
FLEET SERVICES
2613 TEXAS AVENUE
COLLEGE STATION, TX 77840
09/17/09 DESTINATI NET/30 22542515627120
***************************************************
* *
* CHANGE ORDER *
* *
***************************************************
1 2.00 EA 2009 PIERCE VELOCITY PUMPER 519071.0000 1038142.00
2 1.00 EA 2009 PIERCE/PETERBILT 340-3000 GAL PUMPER/TANKER 267381.8000 267381.80
REMARKS:
»Buyboard contract #245-06
»The attached Buyboard quotes and specifications
are hereby made part of this purchase order.
»One (1)pumper and one (1) pumper/tanker was
included in the approved 2009 Fleet and Equipment
Replacement Schedule. The second pumper
was approved by CC on 12/11/08, Item 2g.
-Change Order 1 (line 2): Increased line
2 by $3800.80 to accommodate changes
and additions to the tanker specs. (LDD)
1305523.80
134
CHANGE ORDER FORM \
Date: November 21,2008
I # DATE ADDITION I DELETION DESCRIPTION PRICE
ORIGINAL PROPOSAL
AMOUNT: CUSTOMER:
College Station Fire Dept.
JOB NO:
NIA
1
2
ADDITIONS I DELETIONS SUB TOTAL: 1 $3,800.80 1
DESCRIPTION:
3
4
5
2009 Peterbilt Tanker
11/20/08
11/20/08
MA1 AWH 03-08
$263,581 .OO
-- ---
11120108
11120/08
11120108
ORIGINAL PROPOSAL PRICE:
UPDATED PROPOSAL PRICE:
Change to Vertical Exhaust
Change all possible Whelen Emergency Lighting to Colored LED with Clear Lens
$263,581 .OO
$267,381.80
$440.21
$0.00
Change to 6 Hard Suction Hose IPO 5"
Add a 5" FNST to a 6 MNST Adapter
Add a 4" rear fill with 5" storz adapter
$603.00
$278.10
$2.479.49
135
April 23, 2009
Consent Agenda Item No. 2k
Reimbursement Resolution for Neighborhood
Park Improvement Projects
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt for
Neighborhood Park Improvement projects.
Recommendation(s): Staff recommends approval of the resolution declaring intention
to reimburse certain expenditures with proceeds from debt.
Summary: The Neighborhood Park Improvements project was approved as part of the
FY08 General Obligation Bond authorization. The budget for these improvements is a total
of $900,000 and funds are anticipated to be spent through FY11. Two projects are
anticipated to be completed in FY09 for a total of $290,000. The first project is the
installation of shade covers at three neighborhood parks. These parks are Edelweiss Park,
Brothers Pond Park, and Castlegate Park. The contract for the shade cover project was less
than $50,000 and has been approved by the City Manager. The second project will be the
installation of a basketball pavilion at Pebble Creek Park. If funds remain following the
completion of these projects, they will be used on other neighborhood park improvements.
Long term debt authorized in the November 2008 bond authorization will be issued for these
projects. On projects for which the expenditures will occur prior to the debt issue, a
resolution declaring intention to reimburse certain expenditures with proceeds from debt
must be adopted within 60 days of expenditure on the project.
Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is necessary for this item because the long
term debt has not been issued for the project. This debt is scheduled to be issued later this
fiscal year.
Attachments:
1. Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt
136
137
138
139
April 23, 2009
Consent Agenda Item No. 2L
Debt Reimbursement Resolution for Water Reclamation Project
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt for
the Water Reclamation project.
Recommendation(s): Staff recommends approval of the resolution declaring intention
to reimburse certain expenditures with proceeds from debt.
Summary: A professional services contract for the design of the Water Reclamation
Project to Lockwood, Andrews & Newnam, Inc. in an amount not to exceed $431,000.00
was approved by the City Council on March 26, 2009. The water reclamation project will
take reclaimed water from the Carter’s Creek Wastewater Treatment Plant and use it for
irrigation purposes at Veteran’s Park.
Long term debt will be issued for this project. On projects for which the expenditures will
occur prior to the debt issue, a resolution declaring intention to reimburse certain
expenditures with proceeds from debt must be adopted within 60 days of expenditure on
the project. The resolution is typically adopted at the time the contract is awarded, but was
inadvertently left off of the agenda when the contract was brought to Council.
Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is necessary for this item because a portion
of the long term debt has not been issued for the project. This debt is scheduled to be
issued later this fiscal year and in future fiscal years.
The current budget for this project is $3,606,730.00.
Attachments:
1. Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt
140
141
142
143
April 23, 2009
Consent Agenda Item No. 2m
Arts Council of Brazos Valley Affiliate Funding Agreement Amendment
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on an amendment
to the Affiliate funding agreement between the City of College Station and the Arts
Council of Brazos Valley to change the date and location of a performance by the
Brazos Valley Symphony Orchestra specified in Section 3.5 of the agreement.
Recommendation(s): Staff recommends the City Council approves the funding
agreement amendment requested by the Arts Council of Brazos Valley.
Summary: The request for an amendment to the Arts Council Affiliate funding
agreement was made by the Arts Council of Brazos Valley. Included in the Affiliate
funding agreement between the City of College Station and the Arts Council of
Brazos Valley (ACBV) is $11,000 in Hotel Tax funding for a performance by the
Brazos Valley Symphony Orchestra (BVSO) at Wolf Pen Creek Amphitheatre in Spring
2009 as part of the Starlight Music Series. The ACBV, on behalf of the BVSO, has
requested in writing that these funds be reallocated to help the BVSO underwrite
their July 4th concert at the George Bush Presidential Library and Museum and cancel
the Wolf Pen Creek performance. The BVSO performance tends to be one of the
lower attended concerts as part of the Starlight Music Series.
The City currently has a funding agreement with the Noon Lions Club to fund the
fireworks portion of the July 4th celebration at the George Bush Presidential Library
and Museum. The ACBV and BVSO believe that this reallocation of funds will
enhance the July 4th performance by the BVSO and help ensure the BVSO’s financial
stability in the current economic climate. In order to reallocate the funds for the July
4th BVSO performance, the current funding Agreement must be amended to change
the performance location and date specified in Section 3.5.
Budget & Financial Summary: This item will not have a budget impact. The
$11,000 in Hotel Tax funding for a BVSO performance is included in the FY 2009
Budget. This item will amend the current funding agreement to change the date and
location of the BVSO performance the funding will be provided for.
Attachments:
1. Written request for reallocation of funding from Padraic Fisher, Executive
Director of the ACBV
2. Arts Council of Brazos Valley Affiliate Funding Agreement Amendment
144
145
146
147
April 23, 2009
Consent Agenda Item No. 2n
Annual Blanket Purchase Order for Traffic Signs & Post
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the award of Bid#09-42
for purchasing of roadway traffic signs, post and pavement markings material. The total
cost of this Bid #09-42 is $145,505.62.
Recommendation(s): Staff recommends award of Bid #09-42 to lowest responsible
bidders in three (3) categories. Category I prefabricated and signs blanks to Osburn
Associates Inc. in the amount of $28,183. Category II, to Vulcan Signs for signs hardware
and post in the amount of $26,089.50. Category III to Customs Products Corp for roll
goods and pavement materials in the amount of $91,233.12. The total cost of this Bid #09-
42 is $145,505.62. These traffic signs and materials are essential in guiding, warning and
regulating vehicular and bicycle traffic throughout the City.
Summary: Bids for the Annual Blanket Purchase Order for purchase of roadway traffic
signs and posts were received from seven (7) different vendors. Staff recommends award of
Bid #09-42 to Osburn Associates, Vulcan Signs and Custom Products Corp.
Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for the
purchase of traffic signs and posts is provided from the Traffic Operations Budget.
Attachments:
1. Bid tabulation #09-42
148
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N
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N
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11
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a
36
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N
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12
1
0
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42
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N
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13
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48
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N
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14
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a
54
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N
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15
2
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a
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N
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I
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16
2
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a
30
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N
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17
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N
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18
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0
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N
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19
1
0
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48
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N
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20
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54
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38
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39
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47
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41
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42
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N
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43
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N
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44
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N
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45
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N
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46
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N
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47
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N
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48
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N
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49
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April 23, 2009
Consent Agenda Item No. 2o
FM 60 at Copperfield Signal ILA
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding an Interlocal
Agreement (ILA) in the amount of $31,248 between the Cities of College Station and Bryan
for design costs for a traffic signal at the intersection of University Drive and Copperfield.
Recommendation(s): Staff recommends approval of the ILA providing for College Station
to share the cost of the signal design.
Summary: The ILA provides for the two cities to equally share in the cost of the design of
a new traffic signal to be installed at the intersection of University Drive and Copperfield
Drive. The City of Bryan will hire an engineering firm to do the design and College Station
will pay one-half of the fees for this design.
The signal improvements as well as required widening to provide left turn lanes will be
made by TxDOT. The City of Bryan will pay TxDOT for the signal construction as well as
pavement work on the Bryan leg of Copperfield Drive. College Station will pay for one-half
of the signal construction through a future ILA.
Budget & Financial Summary: Funds for the design and construction of this signal are
budgeted and available in the Street CIP Fund. Funds for this project are from the 2003 GO
Bond issue.
Attachments:
1. ILA
2. Location map
153
Page 1
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION
AND THE CITY OF BRYAN
TURN LANES AND SIGNAL ON FM 60 AT COPPERFIELD
This Interlocal Agreement (“Agreement”) is effective as of the ________ day of
_______________, 2009, by and between the City of College Station, a Texas Home Rule
Municipal Corporation (hereinafter referred to as “COLLEGE STATION”) and the City of
Bryan (hereinafter referred to as “BRYAN”) each acting herein by and through its City Council.
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each
other to perform functions or services that each party to the contract is authorized to perform
individually; and
WHEREAS, the parties are seeking to enhance safety and improve the traffic flow
through the intersection of FM 60 (University Drive) and Copperfield Drive along the city limits
of the Cities of Bryan and College Station; and
WHEREAS, the parties desire to provide interim improvements to the intersection in
advance of a future widening of FM 60 to include pavement widening on the southeast side of
FM 60, traffic signals on all approaches, drainage structure relocation, and signing and pavement
marking improvements ; and
WHEREAS, the parties agree to equally share in the costs not provided by TxDOT for
the said improvements at the intersection of FM 60 and Copperfield Drive.
NOW, THEREFORE, the parties herein enter into this Agreement to outline the joint
participation of BRYAN and COLLEGE STATION in the Project:
1. BRYAN AND COLLEGE STATION agree to:
(a) BRYAN will contract with Jacobs Engineering Group Inc. to provide the
following services;
The scope of work will include review of existing plans, studies, and
electronic files, and field review of the site; preliminary engineering
analysis of the intersection and approaches; and development of the
intersection and traffic signal schematic layout. The scope will also
include development of complete widening and intersection improvements
design plans, specifications, and estimates; and bidding document
development. The work will be completed within the existing right of way
and no right of way or easements will be developed. Furthermore, the
work will be based on topographic surveys and other electronic files
developed and provided by TxDOT, so additional field surveys will not be
included in this project.
154
Page 2
The design plans will incorporate design requirements according to the
October 2006 Texas Department of Transportation Roadway Design
Manual or more updated version, if adopted prior to the end of
Preliminary Engineering of this project. The plans will be presented at the
end of the 90% Final Engineering phase for review by TxDOT and both
cities. The scope also includes bidding documents. As existing drainage
culverts are proposed to be relocated and re-used with new safety end
treatments added, no hydraulic analysis will be prepared or submitted.
(b) COLLEGE STATION will reimburse BRYAN for one-half of the actual total
costs of the project design, not to exceed Thirty-one thousand two hundred
forty eight dollars ($31,248.00) as the work progresses within thirty (30) days of
invoice.
4. Invalidity
If any portion of this Agreement shall be held to be invalid, illegal or unenforceable by a
court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties shall use
their best efforts to replace the respective provisions of this Agreement with legal terms and
conditions approximating the original intent of the parties.
5. Written Notice
Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person to the individual or to a member of the firm or to any officer of the
corporation for whom it is intended or if it is delivered or sent certified mail to the last business
address as listed herein. Each party will have the right to change its business address by at least
Thirty (30) calendar days written notice to the other parties in writing of such change.
6. Entire Agreement
It is understood that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements, or understandings between the
parties relating to the subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed
or terminated orally. No verbal agreement or conversation with any officer, agent or employee
of the City, either before or after the execution of this Agreement, shall affect or modify any
terms or obligations hereunder.
7. Amendment
The terms and conditions of the Agreement may be modified at any time by the mutual
consent of both parties, but only in writing, signed by the governing bodies of both entities. No
Amendment to this Agreement shall be effective and binding unless and until it is reduced to
writing and signed by duly authorized representatives of both parties.
8. Texas Law
This Agreement has been made under and shall be governed by the laws of the State of
Texas.
9. Place of Performance
155
Page 3
Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
10. Authority to Enter Contract
Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby
represent that they have authorization to sign on behalf of their respective corporations.
11. Waiver
Failure of any party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement,
any part hereof, or the right of the City party thereafter to enforce each and every provision
hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver
shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to
or waiver of a breach will not constitute consent to or waiver of or excuse of any other different
or subsequent breach.
12. Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
13. Multiple Originals
It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
SIGNED this the _________ day of ____________________________________, 2009.
CITY OF BRYAN CITY OF COLLEGE STATION
BY: BY:
Mark Conlee, Mayor Ben White, Mayor
ATTEST: ATTEST:
__________________
Mary Lynne Stratta, City Secretary Connie Hooks, City Secretary
156
Page 4
APPROVED: APPROVED:
__________________
David Watkins, City Manager Glenn Brown, City Manager
City Attorney City Attorney
__________________
Charles Cryan, Chief Financial Officer Jeff Kersten, Chief Financial Officer
157
158
April 23, 2009
Consent Agenda Item No. 2p
Holleman Extension Design Contract
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion of a resolution approving a
contract with Mitchell and Morgan LLP in the amount of $59,500.00 for design services for
the Holleman Drive Extension project. (Project #ST 0913)
Recommendation(s): Staff recommends approval of the resolution.
Summary: Staff and TxDOT made a presentation to Council on February 12th where a
planned grade separation at the intersection of Wellborn and FM 2818 was described.
During that presentation it was pointed out that the intersection of Jones Butler and FM
2818 would be blocked by this construction project. Staff has been working with the
developer of the nearby Capstone development to extend Holleman Drive so that there is a
connection to Jones Butler providing access to FM 2818 at the signalized intersection with
Holleman.
The contract under consideration hires Mitchell and Morgan, the developer’s engineer, to
design the extension across City owned property adjacent to the Capstone development.
With the approval of this contract design can begin immediately and be complete in mid-
June.
Construction of the extension will be done by the Capstone developer with City participation
and is projected to be complete in December 2009.
Budget & Financial Summary:
Funding for the design in the amount of $59,500 and the development participation in
construction estimated at $940,000 is in oversize participation funds from the 2003 GO
Bond issue.
Attachments:
1. Resolution
2. Location Map
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
Pump Station
187
April 23, 2009
Consent Agenda Item No. 2q
SH 40 Speed Zone Ordinance
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance amending Chapter 10, “Traffic Code,” to change the posted speed limit on
sections of SH 40 (William D. Fitch Parkway).
Recommendation(s): Staff recommends approval of the ordinance.
Summary: At the City of College Station’s request the Texas Department of
Transportation conducted a speed study on SH 40 to determine the appropriate speed limit
along the roadway. The speed study was completed in February of this year and resulted in
reducing the section with a speed limit of 70 mph to 60 mph. The existing 50 mph speed
zone will remain as it is currently posted.
Budget & Financial Summary: TxDOT is responsible for the installation and
maintenance of speed limit signs along state roadways, so there will be no expenses to the
city resulting from the passage of this ordinance.
Attachments:
1. Ordinance
2. Map
188
189
190
191
Existing speed limit of 50 mph to remain
Existing: 50 mphProposed: 60 mph
Existing speed limit of 60 mph to remain
Existing: 70 mphProposed: 60 mph
Proposed Speed Limit Changes on W.D. Fitch192
April 23, 2009
Regular Agenda Item No. 1
Tauber and Stasney Streets Rehabilitation Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, presentation, possible action, and discussion of design
options for the Tauber & Stasney Street Rehabilitation Project.
Recommendation(s): Staff is recommending that the Tauber and Stasney Street
Rehabilitation Project proceed according to Option 3.
Summary: On April 9, 2009 the City Council requested that staff conduct a public hearing
on this item in an effort to gain a better understanding of the positive and negative impacts
of this project.
Section 5.6.B.5.a (page 5-16) of the Unified Development Ordinance (UDO) states "Existing
head-in parking that requires backing maneuvers into a right-of-way shall be removed with
all proposed development, redevelopment, rehabilitation, and façade projects within any
Northgate district". The term rehabilitation is defined in the Ordinance, but it does not
clearly identify whether City funded capital projects, initiated to improve safety and the
reliability of city services, and are considered a rehabilitation project.
The Northgate Parking Plan, adopted by Council in March 2000, and referenced in the UDO,
requires the removal of all on-street parking in residential areas in Northgate, which is the
section of Northgate zoned NG-3. The segments along Tauber and Stasney between Cross
and Cherry Street are zoned NG-3.
On December 11, 2008 staff came before Council seeking direction on the Tauber and
Stasney Street Rehabilitation Project in regards to the question of whether or not this, and
other City initiated rehabilitation project, should require the removal of existing parking.
Council indicated that the UDO should apply to City funded capital projects. Staff then
requested 90 days to engage landowners in Northgate who may be impacted by the project,
to discuss the potential impacts and benefits of the project, and to gather their input.
After meeting with all the property owners or the designated representative(s) of the owner,
staff has developed several design alternatives to accomplish the goals of the project, and
attempt to meet the needs of the property owners, to the extent possible. A brief summary
of the alternatives is listed below.
Option 1: Remove all the on-street parking, provide 8-feet wide sidewalks with
street trees, new concrete pavement (width will vary since ROW width varies),
replace/rehabilitate the utilities and allow for two-way traffic. Option does not
require an amendment to the UDO. This option will require a small amount of
additional ROW and/or an access easement along Tauber near Cherry Street. This
option will result in the loss of approximately 202 parking spaces along Tauber and
Stasney.
Option 2: Mill the old pavement and overlay with a new asphalt surface.
Replace/rehabilitate the utilities. Address the pavement grade issues along Tauber
193
between Cross and Cherry. Do not construct new sidewalks or install street trees.
All head-in parking and parallel parking will remain. Maintain two-way traffic along
Tauber and Stasney. This option will require a clarification to the definition of a
rehabilitation project in the UDO. Option does not require additional ROW, and will
not result in the loss of any parking spaces along Tauber or Stasney.
Option 3: Remove head-in parking along Tauber and Stasney, replace/keep parallel
parking where possible along Tauber and Stasney as permitted by the UDO. Amend
the Northgate Parking Plan to allow for on-street parking in NG-3 along one side of
Tauber and one side of Stasney, provide 8-feet wide sidewalks with street trees, new
concrete pavement, replace/rehabilitate the utilities and allow for two-way traffic.
Maintain two-way traffic along Tauber and Stasney. This option does not require an
amendment to the UDO. This option will require a small amount of additional ROW
and/or an access easement along Tauber near Cherry Street. This option will result
in the loss of approximately 137 parking spaces along Tauber and Stasney.
Staff has created these alternatives to help the Council visualize the potential negative and
positive impact of considering City funded capital projects, initiated to improve safety and
the reliability of city services, as a rehabilitation project as defined in the UDO.
Budget & Financial Summary: The current project budget for the Tauber and Stasney
Street Rehabilitation Project is $3,058,128. Funds in the amount of $572,840.70 have been
expended or committed to date, leaving a balance of $2,485,287.30 in the project budget.
Attachments:
1. Map
194
U n i v e r s i t y Dr
College Main
C h u r c h A v e
Nagle St
Tauber St Stasney St
C h e r r y S t
Second St
C r o s s S t
Lodge St
C h u r c h A v e
Lo ui s e A v e
P a t r i c i a S t
C r o ss S t
Tauber and Stasney Street Rehabilitation Project Location Map
195
April 23, 2009
Regular Agenda Item No. 2
Sign Ordinance Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding an amendment to the Unified Development Ordinance Section 7.4.E
"Exempt Signs," Section 7.4.X "Signs for Permitted Non-residential Uses in
Residential or Agricultural Districts" and Section 11.2 "Defined Terms."
Recommendation(s): The Planning and Zoning Commission heard this item at
their April 16, 2009 meeting. The P&Z Commission unanimously recommended
approval. Staff recommended approval.
Summary: Staff is aware that there are numerous un-permitted signs being posted
to advertise real estate events such as open houses, the Parade of Homes tour, and
recreational home tours within the City. This item is an amendment to several
sections of the Unified Development Ordinance to provide a legal process for these
types of signs. In addition, staff is proposing language to allow attached signage for
government facilities in certain locations.
The proposed changes include the following:
§ Section 7.4.E Exempt Signs, is proposed to be amended to provide a
regulatory process for real-estate event signs. The amendment includes
language relating time limitations, sign removal, signage in the right-of-way,
and permitting.
§ Section 7.4.X Signs for Permitted Non-residential Uses in Residential or
Agricultural Districts, currently allows for the use of low profile signs.
However, staff is proposing that government facilities in such zoning districts
be allowed to utilize attached signage as well.
§ Section 11.2 Defined Terms, is proposed to be amended to include a
definition for “Home Tour Events.”
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
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April 23, 2009
Regular Agenda Item No. 3
4074 State Highway 6 SecurCare Storage- Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
an amendment of Chapter 12, Unified Development Ordinance, Section 4.2, Official Zoning
Map, of the Code of Ordinances of the City of College Station, Texas by rezoning 2.47 acres
from A-O, Agricultural-Open, to C-1, General Commercial at 4074 State Highway 6 and
more generally located south of Bridle Gate Drive.
Recommendation(s): The Planning and Zoning Commission recommended approval
of the amendment by a vote of 7 to 0 at their April 2nd, meeting. The recommendation
included the condition that the screening requirements of Section 7.6.F.3 and 7.6.F.4 of the
Unified Development Ordinance on the south side of the property are met. Staff also
recommended approval.
Summary:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Land Use Plan was
recently amended in February 2009 to change approximately 5.79 acres from Single
Family Residential Medium Density to Retail Regional. This Comprehensive Plan
Amendment included the adjacent 3.32 acres that is part of the Securecare Self Storage
facility and that is currently zoned C-1, General Commercial. A C-1, General Commercial
zoning district is considered appropriate for the subject property with the land use
designation change to Retail Regional.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The proposed rezoning is compatible
with the adjacent C-1, General Commercial and A-P, Administrative Professional zoning
districts. This zoning would serve to legitimize the existing use of a self-storage facility.
The property to the north is currently developed as single-family residences with two
separate zoning districts: R-1, Single-Family Residential and R-6, High Density Multi-
Family. Since single-family homes are not a permitted use in an R-6 zoning district, the
homes are not a conforming use. C-1, General Commercial uses are generally
compatible with the uses permitted in a high-density multi-family zoning district. The
area can be generally characterized as having commercial uses along the State Highway
6 frontage road with a residential subdivision (Bridlegate) located adjacent to and
behind the commercial uses. The proposed rezoning would be a continuation of the
existing commercial use to the east.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: On
February 12th, 2009 City Council approved a Comprehensive Plan Amendment to change
the Land Use from Single Family Residential, Medium Density to Retail Regional. As such
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a C-1, General Commercial zoning district is considered to be suitable for the subject
property. Additionally, the property is currently being utilized as self storage facility,
which is considered appropriate for a C-1, General Commercial zoning district.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
subject property’s current zoning district limits the potential for development to
agricultural, low-intensity residential, or open space uses due to the property being
zoned A-O, Agricultural Open. The subject property to be rezoned is part of a larger
adjacent development to the east that is currently zoned C-1, General Commercial.
Commercial land uses are generally dependent on good access to freeways and major
arterials. Access to the subject property is off the State Highway 6 frontage road.
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 applicant is seeking to enhance the marketability of the property through the
proposed zone change. The applicant intends to make paving improvements to the
existing property.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There are existing 6-inch
and 24-inch water lines available to serve this property. A sanitary sewer main will need
to be extended in order to provide service to the property. Drainage is mainly to the
southeast within the Lick Creek basin. All utilities shall be designed in accordance with
the BCS Unified Design Guidelines at the time of Platting and Site Development. Access
to the property is available from the State Highway 6 South Frontage Rd.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial
3. Draft Planning and Zoning Commission Meeting Minutes, April 2, 2009
4. Ordinance
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: April 2, 2009
Advertised Council Hearing Dates: April 23, 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:
Springbrook HOA
Bridlegate HOA
Property owner notices mailed: 18
Contacts in support: None at time of staff report
Contacts in opposition: None at time of staff report
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Single-Family
Residential Medium
Density
R-6, High Density Multi-
family
Single-Family
residences, Bridlegate
Subdivision
South
Single-Family
Residential Medium
Density
A-O, Agricultural Open Undeveloped
East Retail Regional C-1, General
Commercial, Freeway
Securcare Self Storage,
State Highway 6
West Office A-P, Administrative
Professional Undeveloped
DEVELOPMENT HISTORY
Annexation: 1983
Zoning: A-O
Final Plat: Unplatted
Site development: Currently developed as a self-storage facility.
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MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 2, 2009,
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: John Nichols, Noel Bauman, Doug Slack, Winnie Garner,
Hugh Stearns, Thomas Woodfin, and Paul Greer
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: Dennis Maloney
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Lauren Hovde,
Jason Schubert, and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant City
Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs,
Transportation Planning Coordinator Joe Guerra, Planning Administrator Molly Hitchcock,
Assistant Director Lance Simms, First Assistant City Attorney Carla Robinson, Action Center
Representative Carrie McHugh, and Staff Assistant Nicole Padilla
1. Call Meeting to Order.
Chairman John Nichols called the meeting to order at 7:05 p.m.
Regular Agenda
2. Public hearing, presentation, possible action, and discussion regarding a Rezoning of 2.47
acres from A-O, Agricultural-Open, to C-1, General Commercial at 4074 State Highway
6 and more generally located south of Bridle Gate Drive. Case #09-00500048 (MR)
Matt Robinson, Staff Planner, presented the rezoning and recommended approval. He
stated that the applicant intended to make paving improvements
There was general discussion regarding the drainage in the area and whether the
additional paving would increase drainage.
Jeff Robertson, McClure & Browne Engineering, addressed the Commissioners’
concerns of drainage and stated that he did not believe it would increase drainage by
much.
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Dahlis Waller, 2707 Pinehurst, Bryan, TX, owner of adjacent property, addressed her
concerns of buffer requirements and the need for such, drainage, and future ramifications
for rezoning this property.
There was general discussion of buffer requirements and further discussion of the
drainage issues.
Commissioner Sterns motioned to approve the rezoning with the condition that the
screening requirements of Section 7.6.f.3 and 7.6.f.4 of the UDO on the south side of
the property are met. Commissioner Bauman seconded the motion; motion passed
(7-0).
6. Adjourn.
Commissioner Woodfin motioned to adjourn the meeting. Commissioner Greer
seconded the motion, motioned passed (7-0).
Meeting adjourned at 8:32 p.m.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT
ORDINANCE", SECTION 4.2, "OFFICIAL ZONING MAP", OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING
THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES
AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning
Map", of the Code of Ordinances of the City of College Station, Texas, be
amended as set out in Exhibit "A", attached hereto and made a part of this
ordinance for all purposes.
That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more
than Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of
passage by the City Council, as provided by Section 35 of the Charter of the City of
College Station.
PASSED, ADOPTED and APPROVED this day of ,2009.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
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ORDINANCE NO.
EXHIBIT "A"
Page 2
That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from A-0, Agricultural Open to C- 1, General Commercial
with the condition that screening meeting the Unified Development Ordinance requirements in
Section 7.6.F.3 and Section 7.6.F.4 be placed along the southeast property line for a distance of
271 feet:
2.47 Acres
Robert Stevenson Survey, A-54
College Station, Brazos County, Texas
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE ROBERT STEVENSION SURVEY, ABSTRACT NO. 54 IN COLLEGE
STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE CALLED 5.79 ACRE
TRACT DESCRIBED IN THE DEED FROM SECURCARE PROPERTIES X LTD. AND
SECURCARE SELF STORAGE INC. GENERAL PARTNER TO SECURCARE
PROPERTIES 11, LLC. RECORDED IN VOLUME 8778, PAGE 21 OF THE OFFICIAL
RECORDS OF BRAZOS COUNTY, TEXAS (O.R.B.C.) AND BEING MORE
PARTICULARY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "B" AND
GRAPHICALLY SHOWN IN EXHIBIT "C".
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ORDINANCE NO.
EXHIBIT "B"
Page 3
FIELD NOTES
PROPOSED C-1 ZONE
2.47 ACRES
Being all that certain tract or parcel of land lying and being situated in the ROBERT
STEVENSON SURVEY, Abstract No. 54 in College Station, Brazos County, Texas and
being part of the called 5.79 acre tract described in the deed from Securcare Properties X
Ltd. and Securcare Self Storage Inc. General Partner to Securcare Properties 11, LLC.
recorded in Volume 8778, Page 21 of the Official Records of Brazos County, Texas
(O.R.B.C.) and being more particularly described by metes and bounds as follows:
COMMENCING: at a fence corner post marking the most easterly comer of the called
5,79 acre tract, the north corner of the called 22.8 acre Peyton Waller tract described in
Volume 327, Page 90 of the Brazos County Deed Records (B.C.D.R.) and being in the
southwest margin of the variable width State Highway No. 6 right-of-way (commonly
known as Earl Rudder Freeway);
THENCE: S 44" 05' 11" W along the southeast line of the called 5,79 acre tract, said line
also being the northwest line of the said 22.8 acre Peyton Waller tract for a distance of
402.32 feet to a found 112-inch iron rod for the POINT OF BEGINNING;
TmNCE: S 44" 05' 11" W continuing along the beforesaid common line for a distance
of 27 1.00 feet to a found 112-inch iron rod for the most southerly corner of this tract, said
iron rod also marking the east comer of the called 21.00 acre J.K. Development, LLP
tract described in Volume 2539, Page 71 (O.R.B.C.);
THENCE: N 41" 37' 31" W along the common line of the called 5.79 acre tract and the
called 21.00 acre tract for a distance of 407.00 feet to a found 112-inch iron rod for
comer, said iron rod being in the southeast line of Lot 11, Block One, BRIDLE GATE
ESTATES, PHASE TWO Subdivision as recorded in Volume 6130, Page 67 (O.R.B.C.);
THENCE: N 48" 11' 00" E along the said southeast line of said BRIDLE GATE
ESTATES, PHASE TWO Subdivision and BRIDLE GATE ESTATES, PHASE ONE
Subdivision as recorded in Volume 3744, Page 49 (0.R.B.C) for a distance of 271.02 feet
to a found 1/2-inch iron rod for corner;
THENCE: S 41' 30' 38" E through the interior of the called 5.79 acre tract for a distance
of 387.64 feet to the POINT OF BEGINNING and containing 2.47 acres of land, more or
less.
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ORDINANCE NO.
EXHIBIT "C"
Page 4
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April 23, 2009
Regular Agenda Item No. 4
Update of Steeplechase-Wellborn Sewer Impact Fee Area 03-02
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public hearing, presentation, possible action, and discussion on
consideration of the updated land use assumptions and capital improvements plan, and the
imposition of updated water and wastewater impact fees in Steeplechase-Wellborn Sewer
Impact Fee Service Areas 03-02.
Recommendation(s): Staff recommends approval.
Summary: At the March 12, 2009 Council Meeting, the City Council approved a resolution
to set a public hearing for this meeting to evaluate impact fees and a proposal to amend the
associated land use assumptions and capital improvements plan as required by state law
every 5 years. If approved, an item to amend Chapter 15, “Impact Fees,” will be placed on
the May 14, 2009 Council Meeting. The affected impact fee is Steeplechase-Wellborn Sewer
Impact Fee Service Areas 03-02. The “Steeplechase Wastewater Impact Fees” Report was
prepared by our consultant Rimrock Consulting Company. This report contains the technical
data which is the basis for the 2008-2018 fee calculation: land use and planning data, unit
usage statistics and capital improvements plan. Actual fee calculation is shown in Section
3.0 of the report, specifically note Tables 3-2. Current fees and proposed maximum fee
calculated in the subject report are provided below.
03-02
Steeplechase Wastewater
Current Fee* $300.00
Proposed Fee* $357.74
* per Living Unit Equivalent (LUE)
A summary of the Wastewater Impact Fees Report is provided in the referenced 5-Year
Update Report. Note the above “Proposed Fees” are the maximum fee allowed based on the
updated analysis, however Council may chose to enact a fee less than the maximum. Also
note that the Planning and Zoning Commission serves as the Impact Fee Advisory
Committee as defined by ordinance. As attested to by the Chairman of the planning and
Zoning Commission on the attached 5-year Update Report, on February 5, 2009 the
Advisory Committee unanimously recommended the report be forwarded to City Council and
supported the information in the report to update the impact fees.
Budget & Financial Summary: This update report justifies the maximum impact fee for
Service Area 03-02 to be increased to $357.74/LUE from the current fee of $300.00/LUE.
By state law the fees cannot be greater than the proposed fee. The future revenue possible
to be recovered if the maximum fee is adopted is $942,644.90, assuming 2,838 LUEs at full
build-out less the 203 LUEs existing. This would increase the recovery $152,144.90 from
the current fee. To date only $7,216.03 has been collected.
Attachments:
1. Steeplechase Wastewater Impact Fees Report (Available at City Engineer’s Office)
2. 5-Year Update Report Memo – 03-02 Steeplechase Wastewater Impact Fee
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