HomeMy WebLinkAbout01/22/2009 - 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, January 22, 2009 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion on minutes for November 20, 2008, December 4, 2008, and
January 8, 2009 meeting.
b. Presentation, possible action, and discussion regarding approval of a contract with MicroAge of College
Station for equipment, materials, supplies and services to upgrade the City’s existing ATM Network in an
amount not to exceed $468,822.97.
c. Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10,
“Traffic Code,” Section 2.C of the Code of Ordinances of the City of College Station changing the traffic
control at the intersection of Eagle Avenue at Brandenburg Lane from one-way stop controlled operation to
three-way stop controlled operation.
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City Council Regular Meeting Page 2
Thursday, January 22, 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 on consideration of an resolution temporarily amending
Chapter 10, Section 3E (2)(c), of the College Station Code of Ordinances by changing the posted speed limit
on the section of Wellborn Road (FM 2154) between FM 2818 and Barron Road to 45 mph for the duration
of TxDOT’s Wellborn Road widening project.
e. Presentation, possible action, and discussion on consideration of an ordinance modifying Chapter 10,
“Traffic Code,” Section 2.D of the Code of Ordinances of the City of College Station by updating the Traffic
Control Device Inventory – Schedule III to add STOP signs at various intersections.
f. Presentation, possible action and discussion on the City’s authorized Brokers/Dealers for investments.
g. Presentation, possible action and discussion on a resolution to open a second Investment Pool account
with Texas Short Term Asset Reserve Program (“TexSTAR”).
h. Presentation, possible action, and discussion on a resolution approving a new Certificate of Authorized
Persons to replace the existing certificate on the Third Party Custodian Agreement between the City of
College Station, Citibank Texas, N.A., and Bank of New York, and authorizing the Mayor to execute the
new certificate of authorized persons.
i. Presentation, possible action, and discussion on obtaining approval for Stop Loss Coverage Policy
Renewal with Blue Cross and Blue Shield for our self-funded employee medical insurance plan for the
calendar year 2009, in the amount of $308,766.
j. Presentation, possible action, and discussion on the Second Amendment and Modification to the Annual
Fuel Contract for City of Bryan, Texas and Second Amendment and Modification to the Annual Fuel
Contract for City of College Station, Texas in order that all fuel deliveries for BVSWMA shall be separately
invoiced; both the City of Bryan and City of College Station shall be jointly responsible for payment of
BVSWMA invoices with BVSWMA funds and payment is so authorized in an amount not to exceed
$387,000 for BVSWMA deliveries for the fourth renewal period term.
k. Presentation, possible action and discussion on the annual renewal agreement for concrete meter boxes
with Sims Plastics of Waco for an annual expenditure of $88,191.75. This is the first of two renewal options
that is to begin on February 11, 2009 and expire on February 10, 2010. Bid #08-20.
l. Presentation, possible action and discussion regarding action approving a real estate contract with Mervin
Peters to purchase conservation property and access easements on approximately 59.7 acres of land, at a cost
of $313,425.00.
m. Presentation, possible action and discussion to authorize additional funds for professional services from
Bickerstaff, Heath, Delgado & Acosta, LLP. for litigation concerning the Brazos Valley Solid Waste
Management Agency (BVSWMA) in the amount of $202,000.00 for total funds of $252,000.00. Approval
by the Council of this request will ratify an additional $40,040.19 expended and provide funds for additional
legal costs associated with this project.
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City Council Regular Meeting Page 3
Thursday, January 22, 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
n. Presentation, possible action and discussion to authorize additional funds for professional services from
Bickerstaff, Heath, Delgado & Acosta, LLP. for the Brazos Valley Solid Waste Management Agency
(BVSWMA) condemnations for the Twin Oaks Landfill Facility property in the amount of $27,737.90 for
total funds of $177,737.90. Approval by the Council of this request will ratify an additional $27,737.90
expended.
o. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of
(Contract Number #09-75) with Progressive Commercial Aquatics, Inc. in the amount of $102,314 and ten
(10) construction days for the purchase and installation of a UV Water Treatment System at four (4)
swimming pools.
p. Presentation, possible action, and discussion regarding an Advanced Funding Agreement No. 3 with the
Texas Department of Transportation to finalize the reimbursement on this project. Upon execution of
Amendment No. 3, the Texas Department of Transportation will reimburse the City of College Station
$682,826.86.
q. Presentation, possible action and discussion regarding the approval of a resolution accepting the terms and
conditions in the Letter of Acknowledgement from the Heart of Texas Regional Advisory Council and accept
the Office of Assistant Secretary of Preparedness and Response (OASPR) Grant in the amount of $7,000.00.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion regarding proposed changes to the City’s
smoking ordinance.
2. Public hearing, presentation, possible action, and discussion on an amendment to the Unified
Development Ordinance, Article 7, General Development Standards as it relates to detention ponds and
storm water management design.
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City Council Regular Meeting Page 4
Thursday, January 22, 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
3. Presentation, possible action, and discussion regarding the City’s appointment to the Joint Relief
Funding Review Committee.
4. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, January 22, 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 16th day of January, 2009 at 5:00 pm
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 January 16, 2009 at 5:00 pm and remained so posted continuously for at least 72
hours preceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2009 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2009.
______________________________
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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November 20, 2008 City Council and P&Z Workshop Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
Joint Workshop Meeting
Thursday, November 20, 2008
at 5:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer, Doug Slack, Thomas
Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: Mayor Ben White, Lynn McIlhaney, John Crompton,
James Massey, Dave Ruesink, Dennis Maloney, Larry Stewart
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert, Lauren Hovde
and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior
Assistant City Engineer Carol Cotter, Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant
Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Assistant City
Managers Kathy Merrill and David Neeley, Assistant to the City Manager Hayden Migl, Action Center
Representative Carrie McHugh, Staff Assistant Brittany Caldwell, City Secretary Connie Hooks
1. Call the meeting to order.
Mayor Ben White called the City Council meeting to order at 5:00 p.m.
Chairman Nichols called the Planning & Zoning Commission meeting to order at 5:00 p.m.
2. Presentation, possible action, and discussion regarding the Comprehensive Plan, including the following
draft chapters: Introduction, Community Character, Neighborhood Integrity, Transportation, and Growth
Management and Capacity.
Senior Planner Jennifer Prochazka began the discussion. She spoke of the community vision and the
eight vision statements identified by City Council as part of the overall city strategic plan. She
emphasized that the Comprehensive Plan document serves as a guide and lays the foundation for land
use decisions, Capital Improvement decisions, and budget processes.
Members held discussion on several elements within the Chapter on Community Character.
No official action was taken. Council meeting adjourned at 6:05 pm
PASSED AND APPROVED this 22nd day of January, 2009.
APPROVED:
________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
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Mayor Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop & Regular Meeting
Thursday, January 8, 2009 3:00 & 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor Pro Tem McIlhaney, Council members Maloney, Crompton,
Massey, Ruesink, Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David
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 Agenda Item 2f. He suggested a centralized facility for
recycling drop off utilizing monies proposed for a study rather than conducting a study for city wide
recycling. Council member Ruesink concurred. Staff explained the purpose of the study. Council
recommended this item be returned back to staff for further review.
Council member Ruesink inquired about Consent Agenda Item 2k, the change order for police dept.
renovations.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding College
Station 2009 State Legislative Program.
Mayor White welcomed Dan Shelley and Jennifer Shelley Rodriquez, our legislative liaisons’ from Austin.
Assistant City Manager David Neeley provided an overview of the city’s legislative priorities for the
upcoming 2009 State Legislative Program. These priorities included: Transportation, Municipal Revenue,
Erosion of Municipal Powers, Collective Bargaining, Annexation – Land Use Authority, and Un-funded
Mandates.
Dan Shelley, the city’s Legislative Liaison from Austin elaborated on David Neeley’s presentation. He
provided the timeline for the legislative session.
2009 legislative session dates of interest
November 10, 2008 – Bill Pre-filing Begins
January 13, 2009 – Session Begins
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City Council Workshop and Regular Meetings Page 2
Thursday, January 8, 2009
June 1, 2009 – Session Ends
June 21, 2009 – Last Day Governor can sign or veto bills passed during regular session
Council directed staff to include input from the School District and TAMU on legislative bills affecting the
community. .
Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion on the performance,
progress and future plans of the Bryan/College Station Convention and Visitors Bureau (B/CSCVB).
Economic and Community Development Director David Gwin introduced Shannon Overby, Executive
Director of Convention and Visitors Bureau.
Ms. Overby presented an overview of the performance, progress and future plans of the Bryan/College
Station Convention and Visitors Bureau.
Strategic Priorities:
Research:
▪Destination image
▪Product needs and development
▪Economic impacts
Resources:
▪Partners & Cooperative marketing and efforts
▪In-kind / Donated
Destination Management:
▪Industry Education & Service and Training
▪Product development
Advocacy/Communication:
▪Facilitation
▪Benefits and Contributions of Tourism
No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding proposed
changes to the City’s smoking ordinance.
Hayden Migl, Assistant to City Manager presented the proposed amendments to the current smoking
ordinance. He noted that a public meeting was held on December 15 to gather citizen input about this issue.
Due to some of the comments made by business owners at the meeting, staff proposed a slight modification
to the regulations around entryways for bars and bar areas be reducing the distance smoking is prohibited to
ten feet. This should allow a greater portion of the patios and porches to be used as well as allowing
smoking on College Main when that road is blocked off to vehicular traffic.
Mr. Migl mentioned that a public hearing will be held at the January 22 City Council Meeting.
Council members agreed to the proposed change with the exception of Council member Maloney.
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding a proposed
Tree Beautification Program, as requested by Council at the August 18, 2008 meeting.
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Thursday, January 8, 2009
Parks and Recreation Director Tony Cisneros presented an overview of the proposed Tree Beautification
Program. He explained the level of tree beautification efforts that will be provided for in the future, the focus
and the funding. Staff requested direction from Council on the input and policy implementation of a
proposed Tree Beautification Program for the State Highway 6 Corridor.
Council directed staff to implement the policy as well as Phase I of the proposed Tree Beautification
Program.
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion regarding on-going
efforts to realize a signature event for the City.
Director of Economic and Community Development David Gwin presented an update on the efforts toward a
signature event within the City. He asked Council to consider the appointment of a Task Force Committee.
Council concurred with the appointment of four members of community to work with members of the Arts
Council and the Convention and Visitors Bureau. These appointees were: Jim Petric, Steve Beachy, Paul
Surf, and Andrew Pitts.
Workshop Agenda Item No. 7 -- Council Calendar.
Council reviewed their activity calendar.
Workshop Agenda Item No. 8 -- Presentation, possible action, and discussion on future agenda items:
A Council Member may inquire about a subject for which notice has not been given. A statement of
specific factual information or the recitation of existing policy may be given. Any deliberation shall be
limited to a proposal to place the subject on an agenda for a subsequent meeting
No discussion held.
Workshop Agenda Item No. 9 -- Discussion, review and possible action regarding the following
meetings: Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos
Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery
Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association,
Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee,
Metropolitan Planning Organization, National League of Cities, Outside Agency Funding Review,
Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU
Student Senate, Research Valley Partnership, Regional Transportation Committee for Council of
Governments, Texas Municipal League, Transportation Committee, Wolf Pen Creek Oversight
Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments, BVSWMA, (Notice of Agendas
posted on City Hall bulletin board).
No discussion held.
______________________________________
At 5:29 pm Mayor White announced that the City Council would convene into executive session pursuant to
Section 551.071 and 551.087 of the Open Meetings Act to seek the advice of our city attorney and consider
economic development incentives.
Workshop Agenda Item No. 10 -- Executive Session will immediately follow the workshop meeting in
the Administrative Conference Room.
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Thursday, January 8, 2009
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek
advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or
attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a
litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the
City Council may need information from its attorney as to the status of a pending or contemplated litigation
subject or settlement offer or attorney-client privileged information. After executive session discussion, any
final action or vote taken will be in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply
Corporation
b. Sewer CCN permit requests
c. Water CCN permit requests
d. Water service application with regard to Wellborn Special Utility District.
e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of
College Station funds made by Paul Urso to Texcon
g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos
Valley Groundwater Conservation District
i. JK Development v. College Station
j. Taylor Kingsley v. College Station
k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station
l. TMPA v. PUC (College Station filed Intervention)
m. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste
Management Agency contract, on proposed methane gas contract
n. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes
County site
o. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben
White
Economic Development Negotiations {Gov’t Code Section 551.087}; possible action The City Counci may
deliberate on commercial or financial information that the City Council has received from a business
prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City
Council in conducting economic development negotiations may deliberate on an offer of financial or other
incentives for a business prospect. After executive session discussion, any final action or vote taken will be
in open session. The following subject(s) may be discussed:
a. Next Generation Industrial Park
Workshop Agenda Item No. 11 -- Action on executive session, or any workshop agenda item not
completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if
necessary.
At 6:50 pm, Council adjourned from the executive session and returned to Council Chambers. No formal
action was taken.
Workshop Agenda Item No. 12 -- Adjourn.
The workshop meeting adjourned following the regular meeting.
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City Council Workshop and Regular Meetings Page 5
Thursday, January 8, 2009
Minutes of Regular Meeting
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Consider absence request.
Mayor White called the meeting to order at 7:00 pm with all Council members present. College Station Fire
Department Honor Guard led the audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the
invocation.
Mayor White presented the Historic Home Marker #85 1203 Walton Drive to Tracy and Frank Chaska.
Hear Visitors:
No one spoke.
Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items
which consists of ministerial or "housekeeping" items required by law. Items may be removed from
the consent agenda by majority vote of the Council.
a. Approved minutes for City Council workshop and regular meetings, December 16, 2008.
b. Approved contract with Sungard Public Sector (SPS), formerly Sungard HTE, for the purchase of the
imaging interface for the Utilities applications in use by the Fiscal Services Department in an amount not
to exceed $14,790.00.
c. Approved Change Order to an existing Landscape Maintenance Service Contract with Green Teams,
Inc. (d.b.a: The Greenery), in the amount of $42,324.00 to add the annual landscape maintenance
functions for: Dartmouth Street Extension, University Park, Edelweiss Gartens Park, Crescent Pointe
Park, and Woodland Hills Park.
d. Approved ratification of a contract to provide non-alcoholic beverages for resale at City operated
concession stands for a period of six years beginning in January 2007.
e. Approved Resolution No. 01-08-09-2e awarding the bid and approval of a construction contract
(Contract Number #09-059) with South Construction, Inc. in the amount of $96,832, for construction
improvements in Oaks Park and Lions Park, PK0705 / PK0704.
f. Presentation, possible action, and discussion to approve contract #09-039 in an amount not to exceed
$63,500.00 with R.W. Beck Incorporated to provide a recycling feasibility study. The study includes an
analysis of drop-off and on-site recycling programs for the multifamily and commercial sectors. (ITEM
REMOVED)
g. Approved annual price agreement renewals for the purchase of various automotive and truck parts. The
annual estimated expenditure for NAPA Auto Parts is $113,500.00 and the annual estimated expenditure
for Truckmotive, Inc. is $48,500.00.
h. Approved the City’s proposed Housing Reconstruction Loan Program Guidelines.
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Thursday, January 8, 2009
i. Approved HOME Investment Partnership Program Tenant Based Rental Assistance (TBRA) Agreement
between the City of College Station and Twin City Mission.
j. Approved Resolution No. 01-08-09-2j awarding an engineering contract for the design of the Koppe
Bridge Lift Station Project to Mitchell & Morgan, L.L.P., in an amount not to exceed $60,700.00.
k. Approved change order to Contract #07-273 in the amount of $31,538.05 to JaCody, Inc. for
construction work associated with Police Department Renovations Project.
l. Approved Resolution No. 01-08-09-2L on Construction Contract with D&S Contracting, Inc., in the
amount of $136,050.20, for the construction of the Southwest Parkway Sanitary Sewer Line Replacement
Project.
m. Approved authorizing additional expenditures of $25,000.00 for the purchase of replacement parts
and/or components for existing sanitation trucks from Heil of Texas, making the annual estimated
expenditure for Heil of Texas $74,950.00.
n. Approved Resolution No. 01-08-09-2n supporting legislative action to create programs and provide
funding for the enhancement of public transportation including relocation of freight rail lines.
Council member Maloney made a motion to approve consent agenda items 2a thru 2e and 2g thru 2n.
Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 1 -- Presentation, possible action, and discussion on an amendment to the
contract with the Texas Department of State Health Services for the Mayor’s Council on Physical
Fitness Grant Contract.
Director of Parks and Recreation Tony Cisneros presented a proposed contract amendment for the Phase II
work plan that increases the contract amount by $50, 000 for a total contract of $73, 280 with the Texas
Department of State Health Services for the Mayor’s Council on Physical Fitness Grant Contract.
Council member Massey moved to approve the amended contract with the Texas Department of State Health
Services. Mayor Pro Tem McIlhaney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion regarding
current UDO requirements and code enforcement practices in the Northgate area.
Director of Planning and Development Services Bob Cowell presented an overview of the current UDO
requirements and code enforcement practices in the Northgate area. Council provided staff with concerns of
inefficiencies in code enforcement action of trash, public restrooms, and aesthetics.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
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Assistant Director of Public Works Pete Caler explained the section regarding sanitation violations and the
Northgate refuse containers.
Council supported Option No. 1 proposed by staff.
Regular Agenda Item No. 3 -- Presentation, possible action, and discussion regarding a proposed
maintenance plan for the Northgate Commercial District.
David Gwin, Director of Economic and Community Development presented an overview of developing a
long-term plan to better address the overall appearance of the public areas and assets in Northgate. The
overall intent of this plan is to be more strategic and seek to maximize the very limited pool of available
resources. The plan addresses the maintenance needs of Northgate and four components believed to be
critical for the long-term success of this endeavor as follows:
1.) General Solid Waste Management
2.) Bird Management and Associated Maintenance
3.) Maintenance of Property Assets; including:
a. the Surface Parking Lot
b. Patricia Street Promenade
c. Second Street Promenade
d. First Street/Old City Hall
e. Spruce Street Park
4.) Private Sector Engagement & Potential Partnership
Council member Maloney moved to approve the proposed maintenance plan for the Northgate Commercial
District. Council member Stewart seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Presentation, possible action and discussion regarding an overview of a
planned new website for the City.
Director of Public Communications Wayne Larson presented an overview of launching a new website for the
City of College Station. The website aligns with these City Council Strategic Issues: Effective
Communications, Destination Place to Live and Work, Exceptional Infrastructure and Core Services, Diverse
Growing Economy, Neighborhood Integrity, and Green College Station. Also, the features of the new
website will include: Enhanced homepage, new navigational dropdowns, rotating photographs, more-
efficient links for top destinations of website users, and efficient ways to communicate.
No formal action was taken.
Regular Agenda Item No. 5 -- Presentation, possible action, and discussion regarding the City’s
appointment of a chair to the Landmark Commission.
City Secretary Connie Hooks requested Council appoint a Committee Chair from the existing membership.
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Thursday, January 8, 2009
Council member Crompton moved to appoint Scott Shafer Chairman on the Landmark Commission.
Council member Maloney seconded the motion, which carried 6-0.
FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: Mayor Pro Tem McIlhaney
Regular Agenda Item No. 6 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 8:45 pm on Thursday, January 8, 2009.
PASSED AND APPROVED this 22nd day of January, 2009.
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
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January 22, 2009
Consent Agenda Item No. 2b
Network Upgrade
To: Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval
of a contract with MicroAge of College Station for equipment, materials, supplies and
services to upgrade the City’s existing network switches in an amount not to exceed
$468,822.97.
Recommendation(s): Staff recommends approval.
Summary: The Asynchronous Transfer Mode (ATM) Network Upgrade project
(Project CO 0522) replaces the city’s obsolete network switches with a fault tolerant,
singlemode fiber based, 10 Gigabit Ethernet backbone. This part of the project
includes provision of equipment, materials, supplies, and services.
The existing network switch equipment is obsolete, difficult to repair, and does not
provide the speed or capacity needed to effectively use current software applications.
This results in frustration for users, and the inability to use some applications or
conduct business in a timely manner.
This project will support the recently approved wireless plan by providing the
capability to transport video from surveillance cameras over the city’s network.
Budget & Financial Summary: Funding for this contract is included in the CIP
budget for project CO 0522. The total project budget is $537,359.
Attachments:
Contract is on file in the City Secretary’s Office
14
January 22, 2009
Consent Agenda Item No. 2c
Three-way Stop Control for the intersection of
Eagle Avenue at Brandenburg Lane
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the consideration of an
ordinance amending Chapter 10, “Traffic Code,” Section 2.C of the Code of Ordinances of
the City of College Station changing the traffic control at the intersection of Eagle Avenue at
Brandenburg Lane from one-way stop controlled operation to three-way stop controlled
operation.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: The existing intersection of Eagle Avenue and Brandenburg Lane is a T-
intersection created by the termination of Brandenburg at Eagle, which is a minor collector
in the Edelweiss Gartens subdivision that extends between Graham on the north and Eagle
on the south. Eagle is also a minor collector and will eventually extend from the SH 6 West
Frontage Road on its east end to SH 40/William D. Fitch Parkway. Currently, Brandenburg
is the only street required to stop at the intersection since Eagle connects to the major area
roadways.
Due to the curvature of the roadway in combination with the privacy fence along the north
side of Eagle, the motorists on Brandenburg are unable to see the traffic approaching from
the west a sufficient distance away to enter the intersection safely. The Bryan-College
Station Unified Design Guideline Manual references the American Association of State
Highways and Transportation Officials (AASHTO) design guidelines for intersection sight
distance. This manual identifies sight triangles at intersections that need to remain clear of
obstruction for a driver to safety enter an intersection without causing a crash. These
triangles are based on the speed limit of the major roadway, so higher speed roads have
larger sight triangle requirements.
The city’s Traffic Management Team has evaluated the intersection and recommends that
the intersection be converted to a three-way stop intersection, so all intersection
approaches stop at the intersection.
Budget & Financial Summary: The “Stop” signs are planned operation and maintenance
expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Location Map
15
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLE GE STATION,
TEXAS:
PART 1: That Chapter 10, “Traffic Code”, 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.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: 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 Hundred Dollars ($200.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2009.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
16
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
That Traffic Control Device Inventory - Schedule II as referenced in Chapter 10, “Traffic Code”,
Section 2 “Traffic Control Devices”, sub -section C “Four Way Stop Intersections” is hereby
amended to include the following:
Eagle Avenue at Brandenburg Lane
17
!"$
E A G L E A V E VICTORIA AVE
F
M
2
1
5
4
G R A H A M R D
H A R T F O R D D R
M E I R L N
RENEE LN
R U G E N L N
OLDENBURG LN
BRANDENBURG LN
B A R R O N R D
K A R T E N L N
LIENZ LN
NEWPORT LN
M O R T I E R D R
DRESDEN LN
LATINNE LN
P A S S E N D A L E L N
W I N D M E A D O W S D R
JAMEY LN
R O B E L M O N T D R
DEVRNE DR
C R E S T E D P O I N T D R
KLEINE LN
H A R V E S T D R
NIGHT RAIN DR
P U B L I C A L L E Y
SH 40 / WILLIAM D FITCH PKWY
WESTFIELD DR
MEADOW VIEW DR
SPRINGFIELD DR
ESSEN LOOP
TOURNAY LANE
TRANQUIL PATH DR
P L A N O D R
C H E S A P E A K E L N
ARDENNE CT
INCOURT LANE
W A L C O U R T L O O P
SPRINGMIST DR
LAMBERMONT DRIVE
LATINNE CT
FAIMES CT
SNOWDANCE CT
R O U C O U R T L O O P
F A L L B R O O K L O O P
PUBLIC ALLEY
PUBLIC ALLEY
P U B L I C A L L E Y
Ê 0 500 1,000250Feet
Proposed Multi-way Stop Controlled IntersectionEagle Avenue at Brandenburg Lane
18
January 22, 2009
Consent Agenda Item No. 2d
Wellborn Road (FM 2154) Temporary Speed Limit
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion on consideration of an
resolution temporarily amending Chapter 10, Section 3E (2)(c), of the College Station Code
of Ordinances by changing the posted speed limit on the section of Wellborn Road (FM
2154) between FM 2818 and Barron Road to 45 mph for the duration of TxDOT’s Wellborn
Road widening project.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: TxDOT is widening Wellborn Road (FM 2154) between FM 2818 and Capstone
Drive. Due to the close proximity of the motorists to the construction zone and workers,
TxDOT is requesting that the city pass an ordinance establishing a 45 mph construction
speed zone for the roadway section between FM 2818 and Barron Road, which will lower the
speed limit from the posted speed limit of 55 mph. This speed reduction will allow TxDOT to
use low profile barriers along the edge of the work zone and improve the safety of motorist
and construction crews. This speed zone will expire later this summer with the completion
of the existing construction phase.
The TxDOT manual, Procedures for Establishing Speed Zones, describes the process for
establishing a construction speed zone within an incorporated city, which includes two
options. A city may establish a construction speed zone by adopting an ordinance or by
making a request to TxDOT. The accompanying ordinance establishes a temporary 45 mph
construction speed zone along a section of Wellborn Road, beginning at FM 2818 and
extending south to Barron Road. The construction speed zone is temporary, becoming
effective from the date of passage of the ordinance and expiring after the completion of the
TxDOT construction project.
Budget & Financial Summary: No expenditure of City funds is necessary or associated
with this item.
Attachments:
1. Ordinance
2. Location Map
19
ORDINANCE NO. _____
AN ORDINANCE TEMPORARILY AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY
CLAUSE; 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 10, “Traffic Code”, of the Code of Ordinances of the City of College
Station, Texas, be temporarily amended as set out in Exhibit “A”, attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: 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 Hundred Dollars ($200.00). 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 and expires at the completion of the Texas Department of
Transportation’s project to widen FM 2154 between FM 2818 and Capstone
Drive.
PASSED, ADOPTED and APPROVED this ________ day of ______________________, 2009.
ATTEST: APPROVED:
_______________________________ ____________________________________
City Secretary MAYOR
APPROVED:
_______________________________
City Attorney
20
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
That Chapter 10, “Traffic Code”, Section 3, “Speed Limits”, of the Code of Ordinances of the
City of College Station, Texas, is hereby temporarily amended, by amending paragraph 2(c), as
set out hereafter to read as follows:
(c) FM 2154 (Wellborn Road), for traffic moving in a southerly direction for the first
0.600 mile from the North City Limit, the speed limit shall be forty (40) miles per
hour. For the next 0.570 mile, the speed limit shall be thirty-five (35) miles per
hour. For the next 0.331 mile, the speed limit shall be forty (40) miles per hour.
For the next 1.523 miles, the speed limit shall be forty-five (45) miles per hour.
For the next 2.427 miles, the speed limit shall be forty-five (45) miles per hour to
the South City Limits.
For traffic moving in a northerly direction, for the first 2.427 miles, the speed limit
shall be forty-five (45) miles per hour. For the next 1.523 miles, the speed limit
shall be forty-five (45) miles per hour. For the next 0.331 mile, the speed limit
shall be forty (40) miles per hour. For the next 0.570 mile, the speed limit shall be
thirty-five (35) miles per hour. For the next 0.600 mile, the speed limit shall be
forty (40) miles per hour to the North City Limits.
21
Existing speed limit of 55 mphTemporary construction speed limit of 45 mph
Wellborn Road (FM 2154)
F M 2 8 1 8
Proposed Construction Speed Limit on Wellborn Road
R o c k P r a i r i e R o a d
Texas Avenue
MacArthur St.
B a r r o n R o a d
S H 4 0 /W i l l i a m D . F i t c h P k w y
Existing speed limit of 55 mphTxDOT's temporary construction speed limit of 45 mph
22
January 22, 2009
Consent Agenda Item No. 2e
Intersections Controlled with Stop Signs
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance modifying Chapter 10, “Traffic Code,” Section 2.D of the Code of Ordinances of
the City of College Station by updating the Traffic Control Device Inventory – Schedule III to
add STOP signs at various intersections.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: This item will modify Chapter 10, “Traffic Code,” by updating schedule III of
the Traffic Control Device Inventory to add STOP signs at various intersections. These stop
signs have either been installed as new development has occurred or are intersections that
have been recently annexed.
Budget & Financial Summary: The “Stop” signs are planned operation and maintenance
expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
23
O/group/legal/ordinance/amendmentform.doc
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
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 10, “Traffic Code”, 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.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That an y 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 Hundred Dollars ($200.00). 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:
_______________________________
City Attorney
24
ORDINANCE NO.__________________ Page 2
acf\p:\group\agen-cal\for legal review\in review\01-22-2009\ca #2e - ordinance-intersections controlled by stop signs\1 ordinance.docx
1/13/09
EXHIBIT “A”
That Traffic Control Device Inventory - Schedule III as referenced in Chapter 10, “Traffic
Code”, Section 2 “Traffic Control Devices”, sub-section D “Special Hazard Intersections
Controlled by Stop Signs” is hereby amended to include the following:
“Jeanne Drive at SH 40/ William D. Fitch Parkway;
Jones Butler Road at Holleman Drive;
Gridiron Drive at Jones Butler Road;
Castle Rock Parkway at SH 40/ William D. Fitch Parkway;
Rock Prairie Road at Jones Butler Road;
Rock Prairie Road at Jones Butler Road;
Jones - Butler Road at Rock Prairie Road;
Jones - Butler Road at Rock Prairie Road;
Great Oaks Drive at Rock Prairie Road;
Post Oak Bend at Greens prairie Road;
Iron Horse Way at SH 40/ William D. Fitch Parkway;
Southern Breeze Drive at SH 40/ William D. Fitch Parkway;
Patricia Street at College Main;
Creek Meadows Blvd N at Greens Prairie Trail;
Creek Meadows Blvd N at Creek Meadows Blvd N;
Creek Meadows Blvd N at Creek Meadows Blvd N;
Whitewing Lane at Alexandria Ave;
Dove Hollow Lane at Alexandria Ave;
Turtle Dove Trail at Alexandria Ave;
Turtle Dove Trail at Alexandria Ave;
Cascades Drive at St Andrews Drive;
Cascades Court at St Andrews Drive;
Ballybunion Lane at St Andrews Drive;
Ballybunion Court at St Andrews Drive;
Veterans Park at University Drive;
Hofburg Drive at SH 40/ William D. Fitch Parkway;
Turkey Creek Road at F & B Road;
Old Arrington Road at Arrington Road;
Old Arrington Road at Old Arrington Road;
Decatur Drive at Arrington Road;
Arrington Road at SH 40/ William D. Fitch Parkway;”
25
January 22, 2009
Consent Agenda Item No. 2f
Investment Policy – Authorized Brokers/Dealers
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on the City’s authorized
Brokers/Dealers for investments.
Recommendation(s): Staff recommends approval of the list.
Summary: The Investment Committee (Jeff Kersten, CFO, Cheryl Wright, City Treasurer,
David Massey, and Electric Utility Director) conducted its annual review of Brokers/Dealers
authorized to do business with the City. Broker/Dealer packets were mailed out and
returned by several firms. The committee reviewed the submitted information and
recommends retaining the firms currently on the list as well as adding two new firms,
Cantor Fitzgerald and Deutsche Bank Alex Brown.
As part of the City’s Investment Policy, Council is to review, approve and adopt any
modifications to the list.
Budget & Financial Summary: None.
Attachments:
1. Qualified Brokers/Dealers and Investment Pool List
26
3
QUALIFIED BROKERS/DEALERS and INVESTMENT POOLS
Costal Securities, Inc. FTN Financial Capital Markets
5555 San Felipe, Suite 2200 845 Crossover lane, Suite 150
Houston, Texas 77056 Memphis, Tennessee 38117
Phone: (713)435-4328 Phone: (901) 435-8213
RBC Dain Rauscher, Inc. Vining Sparks
2711 N Haskell Avenue 775 Ridge Lake Boulevard
Cityplace, Suite 2400 Memphis, Tennessee 38120
Dallas, Texas 75204-2936 Phone: (901)681-1008
Phone: (214)989-1423
Morgan Stanley Fidelity Investments
1600 Highway 6 South, Suite 100 397 Williams Street
Sugarland, Texas 77478 Marlboro, MA 01752
Phone: (281)263-1600 Phone: (800)422-8118
TexPool Cantor Fitzgerald
600 Travis Street, Suite 7200 14185 Dallas Parkway, Suite 870
Houston, TX 77002 Dallas, TX 75254
Phone: (866)891-7665 Phone: (214)866-0410
Deutsche Bank Alex Brown
700 Louisiana Street, Suite 1500
Houston, TX 77002
Phone: (832)239-3311
27
January 22, 2009
Consent Agenda Item No. 2g
Texas Short Term Asset Reserve Program (TexSTAR)
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a resolution to open a
second Investment Pool account with Texas Short Term Asset Reserve Program
(“TexSTAR”).
Recommendation(s): Staff recommends approval of the resolution.
Summary: Organized in 2002, TexSTAR is the second largest local government investment
pool in the State of Texas. TexSTAR currently provides investment services to over 600
Texas cities, counties, school districts and other public entities. TexSTAR offers investment
options that provide security, liquidity and efficiency and their conservatively managed fund
operates in full compliance with the Texas Public Funds Investment Act. TexSTAR’s pool is
rated AAAm by Standard & Poor’s, the highest rating a local government investment pool
can achieve. The pool seeks to maintain a $1.00 value per share as required by the Texas
Public Funds Investment Act and a weighted average maturity of 60 days, with the
maximum maturity of any investment limited to 13 months. TexSTAR investments consist
exclusively of U. S. Government securities, repurchase agreements collateralized by U. S.
Government securities, and AAA-rated no-load money market mutual funds. TexSTAR, like
the City, is governed by the Texas Public Funds Investment Act. First Southwest oversees
TexSTAR, and JP Morgan Fleming Asset Management manages the daily operations of the
pool.
The City currently participates in the TEXPOOL investment pool. Opening a second pool
account will allow the City to further diversify its investments.
The Investment Committee talked to a TexSTAR representative and contacted other local
governments for references.
The resolution also designates those employees that are able to act as authorized
representatives for the pool account.
Budget & Financial Summary: None.
Attachments:
1. Resolution: Application for Participation in TexSTAR
28
RESOLUTION NO.:
APPLICATION FOR PARTICIPATION IN TExSTAR
The undersigned local government (Applicant) applies and agrees to become a Participant in the Texas Short Term
Asset Reserve Program (TEXSTAR).
1. Authorization. The governing body of Applicant has duly authorized this application by adopting the
following resolution at a meeting of such governing body duly called, noticed, and held in accordance with the
Texas Open Meeting Law, chapter 551, Texas Government Code, on ,20-:
WHEREAS, it is in the test interests of this governmental unit ('Applicant") to invest its funds jointly with other
Texas local governments in the Texas Short Term Asset Reserve Program (TEXSTAR) in order better to
preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield; and
WHEREAS, Applicant is authorized to invest its public funds and funds under its control in TEXSTAR and to
enter into the participation agreement authorized herein;
NOW, THEREFOREB E IT RESOLVED THAT:
SECTION 1. The brm of application for participation in TEXSTAR attached to this resolution is approved. The
officers of Applicant specified in the application are authorized to execute and submit the application, to open
accounts, to deposit and withdraw funds, to designate other authorized representatives, and to take all other
action required or permitted by Applicant under the Agreement created by the application, all in the name and
on behalf of Applicant.
SECTION 2. The TEXSTAR Investment Policy is adopted as Applicant's investment policy, the TEXSTAR
investment officers are designated as Applicant's investment officers, and the TMSTAR Board is designated
as custodian and depository, in each case for Applicant's public funds and funds under its control that are
deposited with TEXSTAR. Unless Applicant provides a contrary investment policy to TEXSTAR, it shall be
Applicant's investment policy that any or all of its public funds and funds under its control may be invested in
and through TEXSTAR.
SECTION 3. This resolution will continue in full force and effect until amended or revoked by Applicant and
written notice of the amendment or revocation is delivered to the TEXSTAR Board.
SECTION 4. Terms used in this resolution have the meanings given to them by the application."
2. Agreement. Applicant agrees with other TEXSTAR Participants and the TEXSTAR Board to the Terms and
Conditions of Participation in TEXSTAR, effective on this date, which are incorporated herein by reference.
Applicant makes the representations, designations, delegations, and representations described in the Terms
and Conditions of Participation.
29
3. Authorized Representatives. Each of the following Participant officials is designated as Participants
Authorized Representative authorized to give notices and instructions to the Board in accordance with the
Agreement, the Bylaws, the Investment Policy, and the Operating Procedures:
Name Siqnature fitle Direct Phone
Glenn Brown City Manager (979) 764-35 1 1 .............................................................................. .............................................................
Jeff Kersten Chief Financial Officer (979) 764-3745 ................................................................................................................................................
Cheryl Wright Treasurer (979) 764-3554 ............................................................................................................................................
The following Participant official listed above is designated as the Primary Contact and will receive all
TexSTAR correspondence including transaction confirmations and monthly statements [required]:
Name Email address
The following Participant official not listed above is designated as a Participant Inquiry Only Representative
authorized to obtain account information [optional]:
Name Siqnature fitle
Brandi Whittenton Finance Staff Assistant ......................................... ...............................................................................
Applicant may designate other authorized representatives by written instrument signed by an existing
Applicant Authorized Representative or Applicant's chief executive officer.
4. Taxpayer Identification Number. Applicant's taxpayer identification number is ... ...Z4:60Q05?ff.. ...
5. 4 Bank Information Sheet(s). The attached Insert quantity] ............ Bank Information Sheet(s) is or are
approved and incorporated herein by reference to establish account@) in the name of Applicant.
Dated this ..........................................
City of College Station ..............................................................
(Name of Applicant)
By: .................................................................
(Signature of official)
Approved and accepted:
TEXAS S HORTTERM ASSET RESERVE FUND
By: FIRST SOUTHWEST ASSET MANAGEMENT, INC.,
Participant Services Administrator
Ben White, Mayor ......................................................................
(Printed name and title)
By: ......................................................... Date: .............................
Authorized Signer
30
CITY OF COLLEGE STATION
Date:
ATTEST:
CITY SECRETARY
Date:
APPROVED:
CITY MANAGER
Date:
CHIEF FINANCIAL OFFICER
Date:
CITY ATTORNEY
Date:
31
January 22, 2009
Consent Agenda Item No. 2h
Third Party Custodian Agreement Resolution
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on a resolution approving
a new Certificate of Authorized Persons to replace the existing certificate on the Third Party
Custodian Agreement between the City of College Station, Citibank Texas, N.A., and Bank of
New York, and authorizing the Mayor to execute the new certificate of authorized persons.
Recommendation(s): Staff recommends approval of the resolution.
Summary: Council approved a one year extension of the depository contract between the
City of College Station (“City”) and Citibank, Texas, N.A. (“Bank”) on September 11, 2008
with the original terms and conditions remaining in effect. The depository contract approved
on November 22, 2005 included the Third Party Custodian Agreement between the City, the
Bank, and Bank of New York Mellon (“Custodian”). The custodian holds the collateral that
has been pledged by the Bank to secure the City’s deposits above $250,000. Weekly, the
Custodian sends a collateral statement to the City verifying its collateral.
This item designates those employees that are able to act as authorized persons for the
City’s Bank of New York collateral account.
Budget & Financial Summary: None
Attachments:
1. Resolution
2. Certificate of Authorized Persons
3. Third Party Custodian Agreement approved November 22, 2005
32
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A NEW CERTIFICATE OF AUTHORIZED PERSONS TO
REPLACE THE EXISTING CERTIFICATE APPROVED AS PART OF THE THIRD
PARTY CUSTODIAN AGREEMENT BETWEEN THE CITY OF COLLEGE STATION,
CITIBANK TEXAS, N.A. AND THE BANK OF NEW YORK TRUST COMPANY N.A.
AND AUTHORIZING THE MAYOR TO EXECUTE THE NEW CERTIFICATE OF
AUTHORIZED PERSONS.
WHEREAS, the City Council of the City of College Station, Texas, approved a Third Party
Custodian Agreement between the City of College Station, Citibank Texas, N.A. and the Bank
of New York Trust Company, N.A. (the “Agreement”) by Resolution 11-22-2005-13.13; and
WHEREAS, Exhibit B of the Agreement contained a Certificate of Authorized Persons
designating those officers and employees duly authorized to deliver oral and written
instructions to the City’s Custodial Bank; and
WHEREAS, the City Council of the City of College Station, Texas, desires to replace Exhibit
B of the Agreement with a new Certificate of Authorized Persons attached hereto; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby approves the Certificate of Authorized Persons
attached hereto which designates those officers and employees authorized to
deliver oral and written instructions to the City’s Custodial Bank.
PART 2: That the City Council hereby authorizes the Mayor to execute the attached
Certificate of Authorized Persons.
PART 3: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 22nd day of January, A.D. 2009.
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary MAYOR
APPROVED:
_______________________________
City Attorney
33
CERTIFICATE OF AUTHORIZED PERSONS
(Customer - Oral and Written Instructions)
Third Party Custodian Agreement
The undersigned hereby certifies that he/she is the duly elected and acting Mayor of the City of College
Station (the "Local Government"), and further certifies that the following officers or employees of the Local
Government have been duly authorized in conformity with Local Government’s Resolution No. 11-22-2005-13.13
to deliver Oral and Written Instructions to The Bank of New York Mellon Trust Company, N.A. ("Custodian")
pursuant to the Third Party Custodian Agreement between the Local Government, Citibank, N.A. (“Bank”) and
Custodian dated 11/22/2005___, and that the signatures appearing opposite their names are true and correct:
__ Glenn Brown _____________ City Manager ______________________________
Name Title Signature
___Jeff Kersten______________ __ Chief Financial Officer _ ______________________________
Name Title Signature
___Cheryl Wright____________ ___Treasurer _____________ ______________________________
Name Title Signature
________________________ _____________________ ______________________________
Name Title Signature
________________________ _____________________ ______________________________
Name Title Signature
________________________ _____________________ ______________________________
Name Title Signature
This certificate and above authorized person(s) will be substituted for prior certificate of authorized
individuals you may currently have on file.
_________________________________________
Ben White
Title: Mayor
Date:
34
RESOLU'IION NO. 1 1-22-2005-1 3.13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, SELECTING A DEPOSITORY BANK, APPROVING A BANK
DEPOSITORY CONTRACT, SELECTING A CUSTODIAN BANK AND
APPROVING A THIRD PARTY CUSTODIAN AGREEMENT, DESIGNATING
THE CITY MANAGER OR HIS DESIGNEE AS THE DESIGNATED OFFICER
TO ADMINISTER THE DEPOSITORY SERVICES FOR THE CITY, AND
AUTHORIZING TRE MAXIMUM EXPENDITURE OF FUNDS FOR THE TERM
OF THE CONTRACT.
WHEREAS, the City of College Station, Texas, solicited applications for a Bank
Depository Contract pursuant to Chapter 105 of the TEXAS LOCAL GOVERNMENT CODE;
and
WHEREAS, the selection of Citibank Texas, NA, is being recommended to provide
banking depository services to the City of College Station, Texas, after an extensive review
and selection process after taking into consideration the best interest of the City; and
WHEREAS, the City of College Station, Texas, has selected the Bank of New York as the
City's Custodial Bank to hold securities pledged by Citibank Texas, NA to the City in trust
for the benefit of, and subject to the control of, the City; and
WHEREAS, Chapter 105 of the TEXAS LOCAL GOVERNMENT CODE and the terms of the
Bank Depository Contract require the designation of a municipal officer to represent and
act on behalf of the City on all matters arising from the Bank Depository Contract; now,
therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council hereby finds that the selection of Citibank Texas, NA as
the City's Depository Bank is in the best interest of the City.
PARTZ: 'That the City Council hereby designates Citibank Texas NA as the City's
Depository Bank.
PART 2: That the City Council hereby approves the Bank Depository Contract with
Citibank Texas, NA for an amount not to exceed $1 35,000.00 over a three-year
term for bank depository services.
PART 3: That the City Council hereby selects Bank of New York as the City's Custodial
Bank and approves a Third Party Custodian Agreement between the City, Bank
of America, and Bank of New York.
35
RESOLUTION NO. 1 1-22-2005-13.13 Page 2
PART 4: That the City Council hereby designates the City Manager or his Designee to
serve as the City's Designated Officer to represent and act on the City's behalf
on all matters arising under the Depository Services Contract and Third Party
Collateral Agreement.
PART 5: That the funding for this project shall be as budgeted from the General Fund in
the amount of $ 135,000.00.
PART 6: That this resolution shall take effect immediately from and after its passage.
ADOPTED this & day of November, A.D. 2005.
ATTEST: APPROVED:
RON S IA, Mayor s
APPROVED:
City Attorney
36
THIRD PARTY CUSTODIAN AGREEMENT
(Collateralized Municipal Deposits)
by and among
(the "Local
N.A. (the "Bank") and The Bank of New York Trust Company, N.A. (the
"Custodian").
WITNESSETH
WHEREAS, Local Government desires to maintain or continue to maintain public deposits with Bank;
WHEREAS, Bank desires to obtain such deposits and to provide security therefor as required by applicable
law, regulation or rule;
WHEREAS. Custodian agrees to provide safekeeping services and to hold any securities pledged by Bank in
a custodial account established for the benefit of Local Government as secured party pursuant to this Agreement;
NOW, THEREFORE, in consideration of the mutual promises set forth hereafter, the parties hereto agree as
follows:
1. Securitv Reauirements
(a) Bank, to secure the timely payment of Uninsured Deposits heretofore or hereafter made by Local
Government, including any interest due thereon and any costs or expenses incurred by Local Government and arising
out of the collection of any deposits made with Bank, has deposited with Custodian cenain investment property more
fully described in the initial confirmation Trust Receipt of such deposit delivered by Custodian to Bank and Local
Government respectively (which investment property together with any additions thereto, substitutions therefor and
the proceeds thereof, are hereinafter collectively referred to as "Collateral"), to be held by Custodian pursuant to the
provisions hereof. Pursuant to the Texas Business and Commerce Code, as amended, Custodian shall act as a bailee
or agent of Local Government and, to the extent not inconsistent therewith, hold the Collateral as a securities
intermediary (as such term is defined in Chapter 8 of the Texas Business & Commerce Code, as amended) and in
accordance with the provisions hereof. Bank-hereby grants to Local Government a pledge and security interest in arid
to suchCollatera1 and shall deliver Collateral to Custodian in the manner prescribed in Section 2 of this Agreemeiil.
(b) Subject to paragraph (c) below, Local Government authorizes Custodian as its agent to approve
substitutions of Collateral ("Substitute Collateral") supplied to Custodian by Bank for Collateral_$,the.Account upoq
receipt of Oral Instructions or Written Instructions from Bank identifying the Collateral to be substitutedc: Such Oral
or Written Instructions shall when received by Custodian be deemed Bank's representation and warranty, on which
Custodian may rely without further inquiry. that (i) the Substitute Collateral constitutes Collateral that is eligible for
deposit hereunder and (ii) has a Margin Value equal to or greater than the Margin Value of the Collateral to be
substituted (each, an "Approved Substitution"). Following completion of each.Appro~e$.Sp,b~t&utian C~~sfodian shall:?,
update its records of the Account as soon as possible and issue a Trust Receipt to Local Government in accordance'
d with the requirements of paragraph (f) belo%
(c) Custodian assumes no responsibility to determine or monitor whether or not any Collateral
originally deposited hereunder or Substitute Collateral or additional Collateral hereafter deposited are eligible for
deposit under applicable law, rule or regulation or whether the Market Value of the Collateral thereof meets the
requirements of any law, rule or regulation applicable to the deposit hereunder. The determination of eligibility and
whether (he Market Value of the Collateral satisfies statutory or regulatory requirements will be the responsibility of
Bank. Custodian shall be fully protected in relying on Written or Oral Instructions of either Bank or Local
Government directing Custodian to release any of the Collateral to Bank.,, To the extent of any conflict in the
37
instructions of Local Government and Bank, the instructions of Local Government shall control and Bank shall hold
Custodian harmlcss for acting in accordance with Local Government's instructions.
(d) Custodian shall promptly issue a Trust Receipt to Local Government on any Business Day on which .
Collateral is transferred to and from the Account. For the avoidance of doubt, it is understood and agreed that Tmst
Receipts may be combined to identify mon than one transaction on any one Business Day and Custodian shall not be,
required to issue more than one Trust Receipt to Local Govemmcnt on any Business Day. 6
2. Custody of Collateral
(a) Bank and Local Government hereby appoint Custodian as custodian of all Collateral at any time
delivered to Custodian pursuant to this Agreement. Custodian hereby accepts appointment as such Custodian and
agrees to establish and maintain the Account and appropriate records identifying the Collateral as pledged by Bank to
Local Government. Collateral in the Account shall be kept separate and apart from the general assets of Custodian on
Custodian's books and records. Subject to the terms hereof, Custodian, in performing its duties and responsibilities
pursuant to this Agreement, shall act as custodian for, and agent of, Local Government. The parties agree that all
securities held in the Account shall be treated as financial assets. For purposes of the Texas Business and Commerce
Code, as amended, the security interest granted by Bank in the Collateral for the benefit of Local Government is
created, attaches, and is perfected for all purposes under Texas law from the time Custodian receives Collateral for
deposit or credit to the Account and and issues a Trust Receipt to Local Government for such Collateral. The security
interest of Local Government in the Collateral and all Proceeds thereof shall terminate upon the transfer of such
Collateral or Proceeds from the Account.
(b) The Bank and Local Government agree that Collateral delivered to the Custodian for deposit in or
credit to the Account may be in the form of credits to the accounts of Custodian at the Book-Entry System or a
Depository or by delivery to the Custodian of physical certificates in a form suitable for transfer or with an
assignment in blank to the Local Government or Custodian. The Bank and Local Government hereby authorize the
Custodian on a continuous and ongoing basis to deposit in the Book-Entry System and/or the Depositories all
Collateral that may be deposited therein and to utilize the Book-Entry System and/or Depositories and the receipt and
delivery of physical securities or any combination thereof in connection with its performance hereunder. Collateral
credited to the Account and deposited in the Book-Entry System or Dcpositories or other financial intermediaries will
be represented in accounts of The Bank of New York that include only assets held by The Bank of New York for its
customers, and including but not limited to accounts in which The Bank of New York acts in a fiduciary, agency or
representative capacity. Collateral that is not held in the Book-Entry System, Depositories or through another
financial intermediary will be held in the Custodian's vault and physically segregated from securities and other non-
cash property belonging to the Custodian.
(c)(i) Upon the initial and each subsequent deposit of Collateral and Proceeds into the Account (including
but not limited to any deposit of Collateral as part of an Approved Substitution), Custodian shall promptly provide
Local Government with a Trust Receipt. Additional customized Account statements may be available upon mutual
agreement of Local Government and Custodian.
(ii) Local Government agrees that it shall promptly review all Trust Receipts and Account statements
delivered to it by 'Custodian and shall promptly advise Custodian by Oral Instruction or Written Instruction of any
error, omission or inaccuracy in such statements? In the event that Custodian receives such an Oral Instruction or
Written Instruction identifying a specific concern with respect to a suspected error, failure or omission with respect to
the Account, Custodian shall undertake to correct any errors, failures or omissions, provided that Custodian
determines in its sole discretion that such error, failure or omission actually occurred and shall notify Local
Government of its action concerning each such error, failure, or omission.
(d) The Account shall not be subject to any security interest, lien or any right of set-off by Custodian.
(e) With respect to all Collateral held in the Account, Custodian by itself, or through the use of the
Book-Entry System or the appropriate Depository, shall, unless otherwise inshucted to the contrary by Bank: (i)
collect all income and other payments reflecting interest and principal on the Collateral in the Account and credit such
38
amounts to thc account of Bank; (ii) forward to Bank copies of all information or documents that it may receive from
an issuer of Collateral which, in the opinion of Custodian, is intcnded for the beneficial owner of the Collateral
including, without limitation all proxies and other authorizations properly executed and all proxy statements, notices
and reports; (iii) execute, as Custodian, any certificates of ownership, affidavits, declarations or other certificates
under any tax laws now or hereafter in effect in connection with the collection of bond and note coupons; (iv) hold
directly, or through the Book-Entry System or Depository, all rights issued with respect to any Collateral held by
Custodian hereunder; and (v) upon receipt of Written Instructions from Bank, Custodian will exchange Collateral
held hereunder for other securities andlor cash in connection with (A) any conversion privilege, reorganization,
recapitalization, redemption in kind, consolidation, tender offer or exchange offer, or (B) any exercise, subscription,
purchase or other similar rights.
(f) Custodian agrees to file reports with the of.R~bli~~-Acxounts of the. State of Texas (#e
"Comptroller") reg~&g the Collateral pledged to secu~tha~Unm~d~6~~ of Local Government hereunder, as
and when required by tbe%omptrolle$
3. Events of Defaub
In the event Bank shall fail to pay Local Government any amount of the Uninsured Deposits by Local Govemment
covered by this Agreement in accordance with the terms of such Deposit, or should Bank fail or suspend active
operations, the Uninsured Deposik in such Bank shall become due and payable immediately and Local Government
shall have the right to unilaterally demand delivery of all the Collateral in the Account by Written Insnuctions to
Custodian and to sell such securities at public or private sale. In thq event of such sale, Local Government, after
deducting all legal expenses and other costs, including reasonable attorneys fees, from the proceeds of such sale, shall
apply the remainder towards any one or more of the liabilities of Bank to Local Govemment and shall return the
surplus, if any, to Bank.
4. Re~resentation and Warranties
(a) Representations of Bank. Bank represents and warrants, which representations and warranties shall
be deemed to be continuing, that:
(i) this Agreement has been legally and validly entered into, does not and will not violate any
statute or regulation applicable to it and is enforceable against Bank in accordance with its
terms;
(ii) it is the legal and actual owner, free and clear of all liens and claims, of all the Collateral
pledged pursuant to this Agreement;
(iii) this Agreement was executed by an officer of Bank who was authorized by Bank's board
of directors to do so and will at all times be maintained as an official record of Bank;
(iv) all Collateral held by Custodian hereunder are eligible to secure Local Government's
deposits at Bank under applicable statutes or regulations and the Market Value of the
Collateral held by Custodian hereunder at all times meet the requirements of such statutes
or regulations;
(v) Bank is a bank or trust company duly authorized to do business in the state wherc it is
located;
(vi) all acts, conditions and things required to exist, happen or to be pcrformed on its part
precedent to and in the execution and delivery of this Agreement exist or have happened or
have been performed.
(b) Representations of Local Government. Local Govemment hereby represents and warrants, which
representations and warranties shall be deemed to be continuing, that:
39
(i) this Agreement has been legally and validly entered into, does not and will not violate any
statute or regulation applicable to it and is enforceable against lucal Government in
accordance with its terms;
(ii) the appointment of Custodian has been duly authorized by Local Government and this
Agreement was executed by an officer of Local Government duly authorized to do so;
(iii) it will not transfer, assign its interests in or the rights with respect to any Collateral pledged
pursuant to this Agreement, except as authorized pursuant to Section 3 of the Agreement;
(iv) all acts, conditions and things required to exist, happen or to be performed on its part
precedent to and in the execution and delivery of this Agreement exist or have happened or
have been performed.
5. Concerning Custodian
(a) Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its
action or omission to act or otherwise, except for any loss or damage arising out of its own negligence or willful
misconduct, and shall have no obligation hereunder for any loss or damage, including counsel fees, which are
sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository. In no event
shall Custodian be liable to Local Government, Bank or any third party for special, indirect or consequential damages,
or lost profits or loss of business, arising in connection with this Agreement. Custodian may, wilh respect to
questions of law, apply for and obtain the advice and opinion of counsel and shall be fully protected with respect to
anything done or omitted by it in good faith and conformity with such advice or opinion. Local Govemment (lo the
extent permitted by applicable law) and Bank agree, jointly and severally, to indemnify Custodian and to hold it
harmless against any and all costs, expenses, damages, liabilities or claims, including reasonable fees and expenses of
counsel, which Custodian may sustain or incur or which may be asserted against Custodian by reason of or as a result
of any action taken or omitted by Custodian in connection with operating under this Agreement, except those costs,
expenses, damages, liabilities or claims arising out of the negligence or willful misconduct of Custodian or any of its
employees or duly appointed agents. This indemnity shall bc a continuing obligation of Local Government and Bank
notwithstanding the termination of this Agreement.
(b) Custodian shall not be responsible for, or considered to be custodian of, any Collateral received by
it Tor deposit in the Account until Custodian actually receives and collects such Collateral directly or by the final
crediting of Custodian's account on the books of the Book-Entry System or the appropriate Depository. Custodian
will be entitled to reverse any credits made on Local Government's behalf where such credits have been previously
made and the Collateral are not finally collected.
(c) Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities
as are specifically set forth in this Agreement and no covenant or obligation shall be implied against Custodian in
connection with this Agreement.
(d) Local Government's and Bank's authorized officers and, if permitted by law, representatives of the
Comptroller, upon reasonable notice, shall each have access to Custodian's books and records maintained with respect
to Local Government's and Bank's respective interests in the Account during Custodian's normal business hours.
Upon the reasonable request of Local Government, Bank or thc Comptroller when applicable law permits, copies of
any such books and records shall be provided by Custodian lo the requesting party's authorized officer at the
requesting party's expense.
(e) In performing hereunder, Custodian may enter into subcontracts, agreements and understandings
with third parties whenever and on such terms and conditions as it deems necessary or appropriate. If any of such
subcontracts, agreements, or understandings with third parties are for the deposit of Collateral for the benefit of Local
Govemment, (i) such third party will qualify as a "permitted institution" pursuant to the Texas Public Funds Collateral
Act, (ii) Custodian shall cause such third party to provide records to Custodian evidencing the deposit of Collateral
40
with such third party, and (iii) records of the third party relating to such Collateral will at all timcs state the name of
Custodian. No such subcontract, agreement or understanding shall discharge Custodian from its obligations
hereunder.
(0 Reliance on Pricine Services. If Custodian, as an accommodation to Bank or the Local
Government, agrees to provide information concerning Market Values, Custodian is authorized to utilize any
generally recognized pricing information service (including brokers and dealers of securities) in order to provide
Market Valucs hereunder, and Bank and Local Government agree that Custodian shall not be liable for any loss,
damage, expense, liability or claim (including attorneys' fees) incurred as a result of errors or omissions of any such
pricing information service, broker or dealer.
(g) Force Maieure. Custodian shall not be responsible or liable for any failure or delay in the
performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances
beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or
military disturbances, sabotage, epidemics, riots, loss or malfunctions of utilities, computer (hardware or software) or
communications service, labor disputes, acts of civil or military authority, or governmental, judicial or regulatory
action; provided however, that Custodian shall use its best efforts to resume normal performance as soon as
practicable under the circumstances.
6. Termination
Any of the parties hereto may terminate this Agreement by giving to the other parties a notice in writing
specifying the date of such termination, which shall be the earlier of (i) not less than 90 days after the date of giving
such notice or (ii) the date on which thc Deposits are repaid in full. Such notice shall not affect or terminate Local
Government's security interest in the Collateral in the Account. Upon termination hereof, Custodian shall follow such
reasonable Written Instructions of Bank and Local Government concerning the transfer of custody of Collateral,
collateral records and other items. Upon the date set forth in the termination notice, this Agreement shall terminate
except as otherwise provided herein and all obligations of the parties to each other hereunder shall cease.
7. Miscellaneous
(a) Local Government and Bank each agree to furnish to Custodian a new Certificate substantially in
the form of Exhibit A and Exhibit B. respectively, attached hereto in the event that any present Authorized Person
ceases to be an Authorized Person or in the event that any other Authorized Persons are appointed and authorized.
Until such new Certificate is received, Custodian shall be fully protected in acting upon Oral Instructions or Written
Instructions or signatures of the present Authorized Persons.
(b) Custodian shall be entitled to rely upon any Certificate, Written or Oral Instruction actually
received by Custodian and reasonably believed by Custodian to be duly authorized and delivered. Bank and Local
Government each agree to send to Custodian Written Instructions confirming Oral Instructions by the close of
business of the same day that such Oral Instructions are given to Custodian. Bank and Local Government each
agree that the fact that such confirming Written Instructions are not received or that contrary Written Instructions or
Oral Instructions are received by Custodian shall in no way affect the validity or enforceability of the transactions
previously authorized and effected by Custodian.
(c) Any Written Instructions or other inslrument in writing authorized or required by this Agreement
shall be given to Custodian and shall be sufficiently given if sen1 to Custodian by regular mail to its offices at c/o The
Bank of New York. One Wall Street, 5'h Floor, New York, NY 10286, Attn: John Vinci, Vice President, or at such
other place as Custodian may from time to time designate in writing.
(d) Any notice or other instrument in writing authorized or required by t ' Agreement to be given to
iven if sent to Bank by regular mail to its offices at ///I k.m ro 3 ik .
, or at such other place as Bank lnay from time to time
41
(e) Any notice or other instrument in writing, authorized or required by this Agreement to be given to
gular mail to its offices at
9 or
at such other offices as Local Government
(f) In case any provision in or obligation under this Agreement shall be invalid, illegal or
unenforceable in any jurisdiction, the validity, legality and unenforceability of the remaining provisions or obligations
shall not in any way be affected or impaired thereby and if any provision is inapplicable to any person or
circumstances, it shall nevertheless remain applicable to all other persons and circumstances.
(g) This Agreement may not be amendcd or modified in any manner except by written agreemen1
executed by all of the parties hereto.
(h) This Agreement shall extend to and be binding upon the parties hereto, and their respective
successors and assigns; provided however, that this Agreement shall not be assignable by any party without the
written consent of the other parties.
(i) This Agreement shall be construed in accordance with the substantive laws of the State of Texas,
without regard to conflicts of laws principles thereof. In connection with any dispute arising hereunder, Bank, Local
Government and Custodian hereby consent to the non-exclusive jurisdiction of a state or federal court situated in the
county in the State of Texas in which Local Government maintains its principal office. Bank, Local Government and
Custodian hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which it may
now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that such
proceeding brought in such a court ha$ been brought in an inconvenient forum. Bank, Local Government and
Custodian each hereby irrevocably waives any and all rights to trial by jury in any legal proceeding arising out of or
relating to this Agreement.
8. Waiver of Immunity. To the extent that in any jurisdiction any party may now or hereafter be entitled to
claim, for it..elf or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal
process, each party irrevocably agrees, to the extent permitted by law, not to claim, and it hereby waives, such
immunity in connection with this Agreement.
9. Definitions
Whenever used in this Agreement, the following terms shall have the following meanings:
(a) "Account" shall mean the custodial account established with Custodian for the benefit of Local
Government as secured party in accordance with this Agreement.
(b) "Authorized Person" shall be any officer of Local Government or Bank, as [he case may be, duly
authorized to give Oral Instructions or Written Instructions on behalf of Local Government or Bank, such persons to
be designated in a Certificate substantially in the form of Exhibit "A" for Local Government or Exhibit "B" for Bank
attached hereto as such exhibits may be amended from time to time.
(c) "Approved Substitution" shall have the meaning set forth in paragraph (e) of Sectio~i lof this
Agreement.
(d) "Book-Entry System" shall mean the Federal Reservemreasury Book-Entry System for receiving
and delivering U.S. Government securities.
(e) "Business Day" shall mean any day on which Custodian and Bank are open for Business and on
which the Book-Entry System andlor the Depositories are open for business.
( "Certificate" shall mean the Certificate of Authorized Persons attached hereto as Exhibit "A" or
Exhibit "B".
42
(g) "Comptroller" shall have the meaning set forth in paragraph (d) of Section 5 of this Agreement.
(g) "Depository" shall include the Depository Trust Company and any other securities depository and
clearing agency (and their successors and nominees) registered with the Securities and Exchange Commission or
otherwise regulated by appropriate federal or state agencies as a securities depository or clearing agency.
(h) "Deposits" shall mean all deposits by Local Government in Bank that are available for all uses
generally permitted by Bank to Local Government for actually and finally collected funds undcr Bank's account
agreement or policies.
(i) "Market Value" shall mean, with respect to any Security held in the Account, the market value of
such Security as made available to Custodian by a generally recognized source selected by Custodian plus, if not
reflected in the market value, any accrued interest thereon, or, if such source does not make available a market value,
thc market value shall be as determined by Custodian in its sole discretion based on information furnished to
Custodian by one or more brokers or dealers; provided however that, if agreed in writing by the parties hereto, Bank
may provide Custodian with such Market Values.
(j) "Nationally Recognized Statistical Rating Organization" shall mean Moody's, Standard and Poor's,
Fitch, Duff and Phelps, Bankwatch and IBCA.
(k) "Oral Instructions" shall mean verbal instructions actually received by Custodian from an
Authorized Person or from a person reasonably believed by Custodian to be an Authorized Person.
(I) "Substitute Collateral" shall have the meaning set forth in paragraph b of Section I of this
Agreement.
(m) "Trust Receipt" shall mean evidence of receipt, identification, and recording, including a written or
electronically transmitted advice or confirmation of transaction or statement of account. Each advice or confirmation
of transaction shall identify the Collateral which is the subject of the transaction and state the Market Value thereof.
Statements of account shall identify all Collateral in the Account, the Aggregate Margin Value thereof, and the
applicable Collateral Requirement.
(n) "Uninsured Deposits" shall mean that portion of Local Government's Deposits with Bank which
exceeds the insurance coverage available from the Federal Deposit Insurance Corporation.
(0) "Written Instructions" shall mean written communications actually received by Custodian from an
Authorized Person or from a person reasonably believed by Custodian to be an Authorized Person by a computer,
telex, telecopier or any other system whereby the receiver of such communications is able to verify by codes or
otherwise with a reasonable degree of certainty the identity of !he sender of such communication.
[Signature Page Follows]
43
IN WITNESS WHEREOF, the parties hereto have caud this Agreement to be executed by their respective
officers thereunto duly authorized and their respective seals to be hereunto affixed, as of the day and year fht above
written.
/\P= s*: n CITIBANK TEXAS, N.A.
[LOC~ C@VERNMEF~~I
BY: Ron Silvia By: c$
Title: Mayor Title 6. pFf&f&
THE BANK OF NEW YORK TRUST
COMPANY, N.A.
By: *
C
Title: John Vinci
Managing Director
44
45
EXHIBIT B
CERTIFICATE OF AUTHORIZED PERSONS
(Local Government - Oral and Wrltten Instructions)
The undersigned hereby certifies that helshe is the duly elected and acting Mayor of the Citv of Collene
Station (the "Local Government"), and further certifies that the following officers or employees of Local Government
have been duly authorized in conformity with Local Government's Resolution 1 1-22-2005- 13.13 to deliver Oral and
Written Instructions to The Bank of New York Trust Company, N.A. ("Custodian") pursuant to the Third Party
Custodian Agreement between Local Government, Citibank Texas, N.A. ("Bank") and Custodian dated
, and that the signatu~es appearing opposite their names are
Glenn Brown Interim City Manager
Name Title , Signature\
Jeff Kersten Director of Financelst~atenic Planning
Name Title
Irene Jett Assist. Director of Fin./Strat. Planning
Name Title
Phillip Guillen Accounting Manager
Name Title signahre
Name Title Signature
Name Title Signature
Name Title Signature
Name Title Signature
Name Title Signature
This certificate supersedes any certificate of authorized individuals you may currently have on file.
[seal]
Ron Silvia
Title: Mayor
Date:
46
January 22, 2009
Consent Agenda Item No. 2i
Stop Loss Coverage
Policy Renewal for Calendar Year 2009
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion on obtaining approval for
Stop Loss Coverage Policy Renewal with Blue Cross and Blue Shield for our self-funded
employee medical insurance plan for the calendar year 2009, in the amount of $308,766.
Recommendation(s): Staff recommends approval of the Stop Loss Coverage Policy
Renewal for calendar year 2009.
Summary: Stop loss coverage is an insurance policy that protects the City from specific
large claims and/or from an aggregate amount of overall high claims. The coverage is
provided by BlueCross/Blue Shield (BCBS). The 2009 expenditures for stop loss coverage
were approved by Council on October 9, 2008.
Council’s formal approval of the actual Stop Loss Coverage Policy Renewal for calendar year
2009 will ensure the Policy has been accepted and acknowledged by Council.
Budget and Financial Summary: Funds are available in the Employee Benefits Fund.
Attachments: None
47
January 22, 2009
Consent Agenda Item No. 2j
Amendment 2 to the Agreement for Gasoline and Diesel Fuel
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on the Second Amendment
and Modification to the Annual Fuel Contract for City of Bryan, Texas and Second Amendment
and Modification to the Annual Fuel Contract for City of College Station, Texas in order that all
fuel deliveries for BVSWMA shall be separately invoiced; both the City of Bryan and City of
College Station shall be jointly responsible for payment of BVSWMA invoices with BVSWMA
funds and payment is so authorized in an amount not to exceed $387,000 for BVSWMA
deliveries for the fourth renewal period term.
Recommendation(s): Recommend approval of the Second Amendment and Modification to the
Annual Fuel Contract for City of Bryan, Texas and Second Amendment and Modification to the
Annual Fuel Contract for City of College Station, Texas.
Summary: The City of Bryan has proposed this Amendment to both Cities current agreement
to provide for joint responsibility for payment of BVSWMA invoices and to authorize
BVSWMA expenditures for BVSWMA deliveries for the fourth and final renewal period.
In December of 2004, the City of Bryan solicited bids for gasoline and diesel fuel on behalf of
several local agencies including City of College Station, City of Hearne, Brazos County, Bryan
ISD, College Station ISD and Texas A&M University. Council approved the fourth renewal of
this agreement on December 11, 2008. We are in the fourth and final renewal option. The
contract was amended in December 2007 to allow for two (2) additional renewal(s) so that all
participating agencies will be on the same terms and rebid together in 2009. Fuel is placed in
inventory and charged to multiple departments/divisions as used.
Budget & Financial Summary: Funds for the fuel purchase are available and budgeted in
the BVSWMA budget.
Attachments:
Contract Amendment
48
49
50
51
52
January 22, 2009
Consent Agenda Item No. 2k
Annual Concrete Meter Boxes Renewal
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on the annual renewal
agreement for concrete meter boxes with Sims Plastics of Waco for an annual expenditure
of $88,191.75. This is the first of two renewal options that is to begin on February 11, 2009
and expire on February 10, 2010. Bid #08-20.
Recommendation(s): Staff recommends approval of the renewal agreement with
Sims Plastics of Waco for an annual estimated expenditure totaling $88,191.75.
Summary: Purchases will be made as needed during the term of the agreement. The
concrete meter boxes are maintained in Water Inventory in an inventory account and
expensed as necessary during the agreement period.
Budget & Financial Summary: Funds are budgeted and available in the Water Fund.
Various projects may be expensed as supplies are pulled from inventory and issued.
Attachments: Signed renewal agreement letter.
53
PO Box 9960
1101 Texas Avenue
College Station, TX 77842
www.cstx.gov
the heart of the Research Valley
December 22, 2008
ATTN: Jared Stracener, Store Manager
Sims Plastics of Waco
5636 Franklin Ave.
Waco, Texas 76710
RE: Renewal--Bid #08-20
Concrete Meter Boxes
Dear Mr. Stracener:
The City of College Station appreciates the services provided by Sims Plastics of Waco this past
year. We would like to exercise our option to renew the above referenced agreement for the
term of February 11, 2009 through February 10, 2010.
If this meets with your company's approval, please complete this renewal agreement (including
notarization), and return it no later than Monday, January 5, 2009. We will then issue your
company a new purchase order effective February 11, 2009 through February 10, 2010.
Should you have any questions, please call me at (979) 764-3558.
Sincerely,
Lisa D. Davis, C.P.M.
Buyer
Attachment
54
55
STATE OF TEXAS
COUNTY OF b\ 11 t~lj~~
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged on the 23 dayof - ,200 8
by hl&55#dfk in hisiher capacity as 5 LL? (F4-%! of
-5i \\S J) ( q a"-%, a TEXAS Corporation, ofl behalf df said corporation.
STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,200,
by , in his capacity as Mayor of the City of College Station, a Texas
home-rule municipality, on behalf of said municipality.
Notary Public in and for the
State of Texas
56
January 22, 2009
Consent Agenda Item No. 2L
Twin Oaks Landfill Wetlands Mitigation Property Acquisition
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding action
approving a real estate contract with Mervin Peters to purchase conservation
property and access easements on approximately 59.7 acres of land, at a cost of
$313,425.00.
Recommendation(s): Staff recommends approval of the real estate contract.
Summary: This property acquisition 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 land and easements is $313,425.00 including
$20,000.00 payment in earnest money. The new landfill site will be constructed
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. The plan consists of the acquisition
of real property, conveyance of a conservation easement to the Texas Land
Conservancy and mitigation activities on the site such as vegetative and hydrologic
improvements and maintenance. An access easement is necessary to ensure that the
equipment needed to perform the improvements can be delivered to the site.
Easement design and construction improvements are budgeted at an estimated
$331,000.00 for the project.
Staff has negotiated with the U.S. Army Corps of Engineers a received approval of a
compensatory mitigation plan. As the mitigation plan has received formal approval
by the Corps, the property will be acquired at a purchase price of $5,250 per acre,
for a total of $313,425.00. The access easement will be purchased for $10.00.
$20,000.00 in earnest money will be paid not later than ten (10) working days after
the effective date of the real estate contract. The subject mitigation property is
located in northeastern Brazos County along Wixon Creek, approximately 15 miles
from the new landfill site.
Budget & Financial Summary: Funding for this property acquisition 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.
Attachments:
1. Real Estate Contract
57
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January 22, 2009
Consent Agenda Item No. 2m
Exempt Purchase for BVSWMA Litigation Professional Services
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion to authorize additional
funds for professional services from Bickerstaff, Heath, Delgado & Acosta, LLP. for litigation
concerning the Brazos Valley Solid Waste Management Agency (BVSWMA) in the amount of
$202,000.00 for total funds of $252,000.00. Approval by the Council of this request will
ratify an additional $40,040.19 expended and provide funds for additional legal costs
associated with this project.
Recommendation(s): Staff recommends approval of $202,000.00 in additional funds for
this project as listed.
Summary: The BVSWMA litigation purchase request for FY08 in the amount of $50,000.00
has been expended, as well as an additional $40,040.19. Therefore, a total of $90,040.19
has been expended to date. There will also be additional costs for legal services that have
not yet been billed to the City. Approval by the Council of this request will ratify the
additional $40,040.19 already expended and cover the additional legal costs associated with
this project.
This request for approval of additional funds is for professional services from Bickerstaff,
Heath, Delgado & Acosta, LLP. and is thereby exempt from competitive bidding in
accordance with LGC 252.022 (a)(4) procurement for personal, professional, or planning
services:
Purchase Order:
Purchase Order #081060 - $252,000.00
Budget & Financial Summary: These funds will be paid from City of College Station
General Funds and will not be reimbursed by BVSWMA or the City of Bryan. Funds for the
additional professional services are not budgeted in the FY 2009 City of College Station
General Fund.
Attachments: None.
121
January 22, 2009
Consent Agenda Item No. 2n
Exempt Purchase for BVSWMA Condemnation Professional Services
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation possible action and discussion to authorize additional funds
for professional services from Bickerstaff, Heath, Delgado & Acosta, LLP. for the Brazos
Valley Solid Waste Management Agency (BVSWMA) condemnations for the Twin Oaks
Landfill Facility property in the amount of $27,737.90 for total funds of $177,737.90.
Approval by the Council of this request will ratify an additional $27,737.90 expended.
Recommendation(s): Staff recommends approval of $27,737.90 additional funds for this
project as listed.
Summary: The College Station City Council originally approved the BVSWMA condemnation
purchase request for FY08 on September 27, 2007 in the amount of $75,000.00 and an
additional change order for $75,000.00 on August 6, 2008 which has been expended, as
well as an additional $27,737.90. Therefore, a total of $177,737.90 has been expended to
date. Approval by the Council of this request will ratify the additional $27,737.90 already
expended and close the purchase request.
College Station City Council also approved an additional BVSWMA condemnation purchase
request for FY08 on September 25, 2008 for FY09 in the amount of $25,000.00. This
purchase request is expected to cover all future expenses regarding condemnation
professional services from Bickerstaff, Heath, Delgado & Acosta, LLP.
This request for approval of additional funds is for professional services from Bickerstaff,
Heath, Delgado & Acosta, LLP. and is thereby exempt from competitive bidding in
accordance with LGC 252.022 (a)(4) procurement for personal, professional, or planning
services:
Purchase Order:
Purchase Order #080029 - $177,737.90
Budget & Financial Summary: Funds for the additional professional services are not
budgeted in the Twin Oaks Land Purchase capital project. However, it was recommended on
August 6, 2008 that additional needed budget would be transferred from the Highway 30
Access project and that these funds would be requested back during the FY09 budget
process. As BVSWMA is funded through an inter-local agreement, both of the Cities of Bryan
and College Station are sharing in the cost of this project, however the expenses are
currently being charged to the City General Fund until approval of the expenditure is
approved by the City of Bryan. Once approved by the City of Bryan, staff expects the
General Fund to be reimbursed by the BVSWMA Fund.
Attachments: None.
122
January 22, 2009
Consent Agenda Item No. 2o
Construction Contract #09-75 for Swimming Pool
UV Water Treatment System Purchase and Installation
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
awarding the bid and approval of (Contract Number #09-75) with Progressive Commercial
Aquatics, Inc. in the amount of $102,314 and ten (10) construction days for the purchase
and installation of a UV Water Treatment System at four (4) swimming pools.
Recommendation(s): Staff recommends approval of the resolution and award of
(Contract Number #09-75) with Progressive Commercial Aquatics, Inc. in the amount of
$102,314 and ten (10) construction days for the purchase and installation of a UV Water
Treatment System at four (4) swimming pools.
Summary: The UV system is an ultra-violet light water treatment designed to better
purify the water from bacterial growth. The UV-C light system guarantees double
disinfection through a significant reduction in the amount of chloramines along with the
destruction of bacteria, viruses and other micro-organisms present in the water for use in
swimming pools. The installation of this water treatment system is an additional boost to
providing safe, quality health conditions at the city swimming pools.
Budget & Financial Summary: Three (3) sealed, competitive bids were received and
opened on December 8, 2008. The bid summary is attached. Funds for this project will
come from the General Fund 2009 Budget. This item was approved in the FY09 Budget.
Attachments:
1) Resolution
2) Bid Tabulation #09-14
123
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
APPROVING A CONSTRUCTION CONTRACT #09-075 FOR INSTALLATION OF A UV WATER
TREATMENT SYSTEM AT FOUR (4) CITY PUBLIC SWIMMING POOLS.
WHEREAS, the City of College Station, Texas, solicited bids for installation of UV water treatment systems at
four (4) swimming pools: two in Bee Creek Park, one in Southwood Athletic Park, and one pool in Thomas
Park; and
WHEREAS, the selection of Progressive Commercial Aquatics is being recommended as the lowest responsible
bidder for the construction services related to the installation and purchase of ultraviolet light water treatment
for swimming pools as set forth in said bid specifications; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the City Council hereby finds that Progressive Commercial Aquatics is the lowest
responsible bidder.
PART 2: That the City Council hereby approves the contract with Progressive Commercial Aquatics, in
the amount of $102,314 for the labor, materials, and equipment required for the UV system
installations at four (4) swimming pools located at Bee Creek Park, Southwood Athletic Park
and Thomas Park.
PART 3: That the funding for this contract shall be as budgeted from the Fiscal Year 2009 general fund.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this the 22nd day of January 2009.
ATTEST: APPROVED:
CITY SECRETARY MAYOR
APPROVED:
CITY ATTORNEY
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January 22, 2009
Consent Agenda Item No. 2p
Texas Avenue Utilities Relocation AFA Amendment No. 3
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding an Advanced
Funding Agreement No. 3 with the Texas Department of Transportation to finalize the
reimbursement on this project. Upon execution of Amendment No. 3, the Texas Department
of Transportation will reimburse the City of College Station $682,826.86.
Recommendation(s): Staff recommends approval of the Advanced Funding
Agreement No. 3.
Summary: The total reimbursement on this project is $741,406.32. The $682,826.86
amount will be paid as part of the AFA, and the remaining $58,579.46 in eligible
consultant’s fees will be paid by TXDoT through the approved utility agreements that were
executed with this project.
Budget & Financial Summary: The total cost after reimbursement for the utility
relocation project is $1,747,254.58.
Attachments:
1. AFA Amendment No. 3
2. Location Map
126
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136
January 22, 2009
Consent Agenda Item No. 2q
Letter of Acknowledgement from the Heart of Texas Regional Advisory Council for
the Office of Assistant Secretary of Preparedness and Response (OASPR) Grant
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution accepting the terms and conditions in the Letter of Acknowledgement from the
Heart of Texas Regional Advisory Council and accept the Office of Assistant Secretary of
Preparedness and Response (OASPR) Grant in the amount of $7,000.00.
Recommendation(s): Staff recommends acceptance of the LOA and the OASPR Grant.
Summary: The City of College Station was awarded $7,000.00 grant from the Office of
Assistant Secretary of Preparedness and Response (OASPR) through the Trauma Service
Area N. The funding will be used by the Emergency Management Division of the Fire
Department to purchase equipment that will enhance the response capabilities to terrorist
threats or catastrophic events. Attached is the equipment list for the OASPR Grant Program
which funds will be expended to enhance our WEBEOC Capabilities for the Region and the
hospitals.
Budget & Financial Summary: This equipment grant is a purchase and reimbursement
type program. For this grant there is no budget and financial impact to the city.
Attachments:
Letter of Acknowledgement
OASPR Grant Equipment List, City of College Station
Resolution
137
Letter of Acknowledgement
Between
Heart of Texas Regional Advisory Council
Serving TSA M & TSA N
P.O. Box 8600
Waco, Texas 76714
And
City of College Station, Texas
Facility/Agency Name
_____1101 Texas Ave____
Address
____College Station, TX 77840____
City, State Zip Code
____Ben White, Mayor____
Representative
REGARDING: HOSPITAL PREPAREDNESS PROGRAM FUNDS
BACKGROUND
The US Department of Health & Human Services (HHS) provides funding for community
preparedness and hospital preparedness. The HHS funding is awarded via two
separate but interrelated cooperative agreements. HHS Centers for Disease Control
and Prevention (CDC) provides funds for strengthening public health preparedness to
address bioterrorism, outbreaks of infectious diseases and public health emergencies.
This funding stream focuses on the critical tasks necessary for the public health
community to prepare for and respond to a terrorist event or other public health
emergencies, emphasizing integrated response systems. The ability to quickly and
effectively distribute preventive medication in affected areas is one of the nation’s top
priorities to be addressed by these funds.
The Office of Assistant Secretary of Preparedness and Response (OASPR) provides
funds for states through the Hospital Preparedness Program (HPP) to develop a
comprehensive all-hazards approach to enhance hospital response capability (for
responding to mass casualty events).
National Preparedness Goal (The Goal)
The goal is a collective vision for National preparedness, and establishes National
Priorities to guide preparedness efforts at the Federal, State, local and tribal levels. The
Goal establishes a framework that guides entities at all levels of government in the
development and maintenance of capabilities to prevent, protect against, respond to,
and recover from major events, including “Incidents of National Significance” as defined
in the National Response Plan (NRP). Additionally, the Goal will assist entities at all
levels of government in the development and maintenance of the capabilities to identify,
prioritize, and protect critical infrastructure.
138
The Goal outlines seven priorities that fall into two categories: three overarching
priorities and four capability-specific priorities.
Overarching:
1. Expanded Regional Collaboration
2. Implement the National Incident Management System (NIMS) and NRP
3. Implement the National Infrastructure Protection Plan (NIPP)
Capability-specific
4. Strengthen Information Sharing and Collaboration Capabilities
5. Strengthen Interoperable Communications Capabilities
6. Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE)
Detection, Response, and Decontamination Capabilities
7. Strengthen Medical Surge and Mass Prophylaxis
The HPP will continue to support capabilities-based planning by setting priorities that
must be met by the end of the budget period. In an effort to continue strengthening
healthcare medical surge capability across the nation, Level One and Level Two Sub-
capabilities are mandated of recipients. These must be completed by July 31, 2009.
Level One Sub-capabilities
A. Interoperable communications system(s)
B. Tracking of bed availability
C. ESAR-VHP System
D. Fatality management planning
E. Medical evacuation/shelter-in-place planning
F. Partnership/Coalition development
Level One Sub-capabilities
A. Alternate care sites
B. Mobile medical assets
C. Pharmaceutical caches
D. Personal protective equipment
E. Decontamination
F. Medical Reserve Corps
G. Critical Infrastructure Protection
Training, exercises and corrective actions, National Incident Management System
(NIMS) compliance and needs of at-risk populations shall be considered components of
each sub-capability addressed by the States and jurisdictions and incorporated into all
work on the sub-capabilities.
139
For preparedness efforts in the counties that constitute Trauma Service Area – M and
Trauma Service Area - N, DSHS has contracted with the Heart of Texas Regional
Advisory Council (HOTRAC) for distribution of the OASPR HPP funds.
PURPOSE
The purpose of this letter is to form an agreement between the HOTRAC – as the
DSHS contractor – and the preparedness stakeholder, outlining the responsibilities of
each party. As a condition of grant funds participation, the preparedness stakeholder
agrees to work to achieve identified hospital/healthcare capabilities, maintain minimum
levels of readiness and monitor readiness as described by OASPR guidance.
CONDITIONS
To facilitate the administration of these funds, the currently established Emergency
Preparedness and Response Committee (EPR) in each TSA will assist in accomplishing
the sub-capabilities listed above. The EPR consists of all participating hospitals in the
Trauma Service Area, representatives of Emergency Medical Services, Emergency
Management, Council of Governments and local and regional Public Health staff.
The preparedness stakeholder agrees to participate in all actual emergency response
activities in their region, which may include but are not limited to receiving patients that
are appropriate for their classification and capabilities from the scene of a major
incident. The preparedness stakeholder also agrees to comply with the EPR
expenditure plans, which are developed on a consensus basis, to address response
capability goals. A summary of both parties’ responsibilities follows.
HOTRAC Responsibilities:
1. Provide guidance to the preparedness stakeholder(s) and EPR regarding the
development of OASPR preparedness, response capabilities, surge capacity of
hospitals and other health care facilities, trauma care and emergency medical
service systems to include but not limited to:
a. Emergency medical management and treatment capabilities;
b. Medical evacuation/shelter-in-place and fatality management;
c. Hospital-cased - rapid distribution and administration of medical
countermeasures;
d. Effective utilization of any available public and private mobile medical
assets and the integration of federal assets;
e. Evaluation of alternate care sites in collaboration with public health and
health care systems in reference to medical surge for the region.
2. Distribute goods and services to participating stakeholders according to the EPR
expenditure plan in support of and in compliance with the OASPR guidelines.
3. Ensure compliance with the DSHS HPP contract, including monitoring of the
progress of response capabilities.
4. Provide administrative support to the EPR main meetings and EPR workgroups.
140
5. Represent the EPR in trainings, exercises/drills and other pertinent meetings on
an “as needed” basis.
Participating Preparedness Stakeholder Responsibilities:
The following are standard conditions required of Texas Department of State Health
Services contracts and sub-agreements:
Funds are pooled and expended centrally from the HOTRAC to obtain economies of
scale and provide unified preparedness levels. Approved expenses specific to a
preparedness stakeholder are paid by the HOTRAC after invoices and proof of payment
are provided by the entity.
1. If an acute care hospital, will maintain a minimum level of preparedness of PPE
(12 level C sets) and decontamination capability, provide required annual training
and submit documentation to the HOTRAC.
2. If a hospital, report bed availability in a timely manner using EMSystem.
3. If a hospital, complete and/or update evacuation/shelter-in-place plan to include
transportation plans by July 31, 2009 and provide a copy to HOTRAC.
4. If a hospital, complete and/or update a prophylaxis distribution plan for patients,
employees and their families by July 31, 2009 and provide a copy to HOTRAC.
5. Hospitals participating in the Hospital Preparedness Program should plan to
manage a surge capacity of 10%-20% above the daily staffed beds average.
6. Provide 75% representation at the monthly EPR planning group meetings or
quarterly RAC Pre-hospital meetings.
7. Properly store, monitor and maintain all equipment purchased with HPP funds.
Should any equipment and/or supplies become lost, stolen, missing, etc.; the
entity will notify HOTRAC within 48 hours of such. Any lost, missing, etc.
equipment and/or supplies will be replaced by the receiving entity.
8. Participate in HOTRAC conducted surveys and monthly reports assessing
emergency preparedness.
9. Participate in the update/revision of local and regional Health & Medical Plans.
10. Continued implementation of NIMS including all training requirements.
11. Provide updated points of contacts twice a year no later than February 15th and
September 30th. These contacts will include but should not be limited to CEO,
CNO/DON/Trauma Coordinator, disaster preparedness contact, 24/7 contact for
disaster response activities.
12. Collaborate in the development of a regional mass fatality plan.
13. Participate in the evaluation of patient tracking systems.
14. Participate in the integration of local and regional emergency preparedness and
response activities.
15. Submit copies of After-Action Reports and corrective action plans to the
HOTRAC within 45 days of the exercises. A minimum of 2 exercises must be
completed per contract year. One exercise must be multi-agency/multi-
jurisdictional.
141
16. Participate in all actual emergency response activities in the region, which may
include but not limited to receiving patients that are appropriate for your
classification and capabilities from the scene of a major incident.
17. Report the status of Continuation of Operations Plans.
TERM
This agreement may be amended upon agreement of both parties. When changes in
the capabilities occur or when other changes modify the intent of the agreement, those
changes will be subject to renegotiation. This contract will continue as long as the
OASPR program funds equipment and/or supplies have been received or are
maintained by stakeholder.
Both parties reserve the right and privilege to terminate and cancel this Agreement with
or without cause at any time either party deems this to be in its best interest. The notice
of termination shall be in writing and shall provide the other party with a minimum of
thirty (30) days notice. Upon termination, equipment and/or supplies may be removed
from stakeholder.
I understand that signatories to the Agreement are subject to Federal A-133 audits,
DSHS audits, HOTRAC monitoring visits and other performance measures related
specifically to expenditures of the OASPR funds.
By my signature, I attest to understanding the goals of OASPR Hospital Preparedness
Program (HPP), and as one of the participating preparedness stakeholders in TSA M or
N, will support an appropriate share of activity (as determined by its specific EPR) to
support and comply with the benchmarks as displayed in this Agreement and its
attachments.
Ben White, Mayor
Stakeholder Representative Signature Printed Name Date
HOTRAC Executive Director Signature Printed Name Date
142
TSA N
OASPR Grant Fundeing Year 7 (FY-09)
Line Item Quanity Price Sub-Total Account Number
1 SSL Certificates 2 149.00$ 298.00$ 001-4250-569-21-71
2 Double-Take 2 2,494.98$ 4,989.96$ 001-4250-569-21-71
3 Weather Station 1 1,712.04$ 1,712.04$ 001-4250-569-21-71
Grant Total 7,000.00$
List Total 7,000.00$
Remaining -$
143
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
ACCEPTING THE TERMS AND CONDITIONS IN THE LETTER OF ACKNOWLEDGEMENT FROM
THE HEART OF TEXAS REGIONAL ADVISORY COUNCIL AND ACCEPT THE OFFICE OF
ASSISTANT SECRETARY OF PREPAREDNESS AND RESPONSE (OASPR) GRANT.
WHEREAS, the Office of Assistant Secretary of Preparedness and Response (OASPR) Grant Office for
Domestic Preparedness, a component of the U.S. Department of Homeland Security, has awarded the Heart of
Texas Regional Advisory Council the OASPR Grant; and
WHEREAS, the Heart of Texas Regional Advisory Council has served the City of College Station with notice
of receipt of the 2008 Office of Assistant Secretary of Preparedness and Response (OASPR) Grant for
Domestic Preparedness in the amount of $7,000.00; and
WHEREAS, the City Council appoints the Emergency Management Coordinator, Brian Hilton as the authorized
contact person for the 2008 OASPR Grant Program; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the City Council hereby accepts the terms and conditions in the Letter of Acknowledgement
from the Heart of Texas Regional Advisory Council and accepts the Office of Assistant
Secretary of Preparedness and Response (OASPR) Grant.
PART 2: That this resolution shall take effect immediately from and after its passage.
ADOPTED this ______________ day of ____________________________, A.D. 2009.
ATTEST: APPROVED:
_______________________________ ______________________________
CONNIE HOOKS, City Secretary BEN WHITE, Mayor
APPROVED:
_______________________________
City Attorney
144
January 22, 2009
Regular Agenda Item 1
Smoking Ordinance
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
proposed changes to the City’s smoking ordinance.
Recommendation(s): N/A
Summary: The City Council had this as a workshop item at its November 5, 2008 meeting.
Staff was directed at that meeting to suggest possible ways to make the current smoking
ordinance more comprehensive.
The proposed changes are amendments made to the current smoking ordinance rather than
adopting an entirely new ordinance. The proposed changes to the ordinance are:
· Elimination of the exemption for bars and bar areas
· Elimination of the exemption for restaurants during late night hours
· Elimination of smoking in workplaces
Council also directed staff to engage the public in this effort. A public meeting was held on
December 15 to gather citizen input about this issue. Approximately 40 individuals were in
attendance and the notes from that meeting, as well as a few other comments gathered by
staff, are attached.
Due to some of the comments made by business owners at the public meeting, staff is
proposing a slight modification to the regulations around entry ways for bars and bar areas.
The proposed change is to reduce the distance smoking is prohibited to ten feet (10’) for
bars and bar areas. This should allow a greater portion of the patios and porches to be used
as well as allowing smoking on College Main when that road is blocked off to vehicle traffic.
Council was presented the proposed changes at their January 8 workshop meeting and they
did not suggest any additional changes.
Budget & Financial Summary: N/A
Attachments:
1. Smoking ordinance
2. Notes from December 15, 2008 Public Meeting
145
146
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
SECTION 9: TOBACCO PRODUCTS AND SMOKING
A. Definitions
(1) Public Meeting means a meeting required to be open to the public under TEX.
GOVT. CODE, Chapter 551.
(2) Public Place means an enclosed, indoor area to which the public has access and
includes, but is not limited to the following:
(a) the common areas of a retail store, office, grocery store, or other
commercial establishments;
(b) a restaurant or cafeteria;
(c) a public or private or secondary school;
(d) a public or private institution of higher education;
(e) a hospital or nursing home;
(f) an elevator;
(g) City and school buses;
(h) City building, owned or leased by the City and used for City purposes;
(i) an enclosed theater, auditorium, movie house, or arena;
(j) a courtroom or a jury waiting or deliberation room; or
(k) bar or bar area
(3) Smoke or smoking includes:
(a) carrying or holding a lighted pipe, cigar or cigarette of any kind or any
other lighted smoking equipment or device;
(b) lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
(c) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
any other smoking equipment or device.
(4) Bar. A bar is an establishment that is dedicated predominately to the serving of
alcohol rather than food.
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ORDINANCE NO.__________________ Page 3
(5) Bar area. A bar area is an area physically separated from a food serving area
dedicated predominately to the serving of alcohol rather than food.
(6) Workplace means an enclosed area in which employees work or have access
during the course of their employment.
B. Offense; Penalty.
(1) A person commits an offense if the person smokes at a public meeting, in a public
place, in a workplace or in any other enclosed, indoor area in which “no smoking”
signs are conspicuously posted by the person in charge, and the person is not in an
area designated as a smoking area under Subsection C below.
(2) It is an exception to the application of provision (1) of this subsection that the
person is smoking:
(a) as an actor or actress in a theatrical performance; or
(b) a tobacco specialty shop.
Smoking shall be allowed and smoking signs are not required to be posted by the person in
charge under Subsection C when smoking is permitted by Subsection B(2)a and B(2)b.
C. Designation of No Smoking and Smoking Areas
(1) The person in charge shall designate the following areas as “non-smoking”:
(a) food order areas, cashier areas, check-out lines for stores;
(b) City library;
(c) elevators;
(d) City and school buses, including associated terminals;
(e) restrooms;
(f) movie theaters, hospitals, and rest home facilities;
(g) within a twenty foot (20’) radius of the entry way of all public places,
except for bars and bar areas where there shall be a ten foot (10’) radius
around the entry way;
(h) all other public places including restaurants and cafeterias; and
(i) workplaces.
(2) Smoking areas shall not be designated to cover areas in provisions (1)(a) through
(1)(i) of this subsection. It is not required that any smoking areas be designated.
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ORDINANCE NO.__________________ Page 4
D. Signs
(1) The person in charge of a public place or workplace shall place signs visible at
each entrance of the building to notify persons entering that smoking is prohibited
or that smoking is prohibited except in areas designated as smoking areas.
(2) The person in charge shall conspicuously post signs in areas designated as a
smoking area that smoking is permitted in the area.
E. Facilities to Extinguish Smoking Material
All public places shall be equipped for extinguishments of smoking materials. Facilities
for extinguishments of smoking materials that are located in areas of public places other
than designated smoking areas shall be accompanied by clearly visible signs, stating “no
smoking”.
F. Owner/Operator Responsible
A person commits an offense if he is the owner, operator, manager or an employee of an
establishment and he intentionally permits or fails to make a reasonable effort to prevent
smoking in a “no smoking” area.
149
Smoking Ordinance Public Meeting
December 15, 2008
1. Presentation of current ordinance and proposed changes by Hayden Migl
2. Public comments and questions
Jonathan Mays: 801 Luther Street West
--Question: Definition of work place and other exceptions
--Answer: gave definition of workplace. This extends current ordinance from public areas to private
areas as well.
--Question: How will you measure 20 feet from entry way
--Answer: measured from all directions in relation to a doorway. This is in the current ordinance.
As long as there is an area over 20 feet from the doorway, it will be allowed.
--Question: Houston Street on Northgate – will that technically be banned?
--Answer: yes, it will be banned. Staff is researching to find these details
--Question: rooftop bar?
--Answer: entrances should be 20 feet away
--Question: would it be marked off?
--Answer: enclosed areas are what matters
--Question: reason for exception for tobacco shops; that is still a workplace; so the employees must be
ok working in areas filled with smoke.
--Answer: I can’t answer that. I am here to answer questions based on enforcement and details of the
ordinance.
Dave Hill: 113 Ashburn
--Issue before us is a smoking ordinance ban. My personal belief is that it goes much deeper. This is a
choice people should make for themselves. In 2001, the City of College Station and City of Bryan passed
the original ban. There was no public vote and no one had any input. As a voter, I had no say in it. That
to me, goes to the root of the issue. I do not smoke but feel a person has a right to decide where they
go to eat, drink and what they choose to do there. Where does this end? Where does legislating
morality end? I have lived here for 15 years but I think the Council is taking on issues when other things
should be looked at. I do oppose this ban. I would beg the City Council to put this on a ballot and let the
citizens of the community vote for or against this.
Brian Ogg: Cougar Trail outside of College Station
--A lot of the people who are affected by this are not here. Be aware the students have gone home for
Christmas break and they are the ones who are really affected. It does not belong in the U.S., the State
or the City of College Station. Keep that stuff in Austin where it belongs. I chose to live here for the
people and the community. Don’t change the community to something I don’t want it to be. To
Council, the last thing you want to do is wake up the students.
Noah Smith: Raymond Stotzer
--I don’t smoke, I’m allergic to smoke but I know what I’m getting myself into. It seems to me that if
people, particularly the bar owners, were really into this, they would have done so voluntarily. De facto,
the bars have said it is ok by not banning it. I believe that if truly, we shouldn’t have smoking, people
would have gone to bars with no smoking. This is legislation to force something on people.
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Mike Manson: Dominik Drive
--I represent the old folks, specifically a group of faculty members. We go to a watering hole on Friday
afternoon, smoke cigars, and talk about the past week and the week to come. I also want to talk about
the sports fans who like to watch football, have a few beers, and smoke a few cigarettes. The Council
has to keep in mind that compromise is important. I agree people and bar owners should have the
choice. Second hand smoke for employees: everyone that works there has a waiver that says they
understand they work in a place where they will be around second hand smoke.
Jennifer Ganter: Dixie Chicken Inc.
--We are against the smoking ban. I am for compromise. The patios and porches are bigger and still not
20 feet away from the entry way. I would like it to say that any patio is fine. We aren’t going to church.
Our employees are able to work in our restaurant where there is no smoking allowed. It is not true that
ten bar owners in town support this ban. Please let them know that’s where we stand and we’d like
them to take that into advisement.
Jeanie Basset: Brothers Blvd
--I thought it was great when there was a smoking area and non smoking area because smokers had
their rights. When you walk into a restaurant in Dallas or Houston with smoking areas, you know
immediately you are in a restaurant with smoking. Kids have a right to work in a place where they want
to or don’t, but waitressing is a job available to students. I was of the mind that smokers have the right
to smoke, but I also think that non smokers have the right to not be around smoke. Reports have been
coming out that bars and restaurants are making more money and hospitals are making less money. As
the bans are coming into effect, health in whole cities in improving. The universities in towns where
they have gone non-smoking have not been hurt. There are areas for compromise, but we need to be
honest about what is right for all. Non-smokers can’t get away from smoke.
Jess Fields: 1331 Harvey Mitchell Parkway
--I realize students have to work when they go to college. I work quite a bit. But to imply that people
have to work at bars is kind of silly. There are plenty of places people can work. It’s all about choice.
The first ban that I know of was by Hitler. I acknowledged this morning that second smoke is dangerous.
I will buy into the evidence that you present. People still have a choice to do harm to their bodies. We
could ban fast food restaurants, bars and tobacco entirely. If we want to impose our values on people
we can do that. Let’s not tell people if they disagree they are so wrong that we are going to force them
out of the market place. If you ban smoking in a city that is self contained you don’t have the same
economic effects, but Bryan is right next to College station. Bryan has plenty of bars and less business
regulations than College Station. Students will choose to go somewhere else, they will go to Bryan bars
and we will feel the economic harm. This is about choice. People don’t have to go to the
establishments.
If it is so that we have 5 -10 times more people who would come to bars if it is non-smoking, then it only
makes sense that bar owners would not allow smoking. But, you realize there are people that do
smoke. Ask City Council to suggest that people open bars that don’t allow smoking.
Jodi Young: Rockhollow in Bryan Texas
--You are all talking about personal choice, and I’d like the option to not be around second hand smoke.
I think the Dixie Chicken would be amazing if it were smoke free. I go to Houston so I can go home and
not smell like an ash tray. I would like the option to not be subjected to second hand smoke.
151
Mark Cisillio:
--I’ve been here for 47 years. Boy have we come a long way since then. We are a better city now than
we were then. I had the privilege as a pediatrician as serving when TAMU became the first public
university in the nation to outlaw smoking on campus. Folks love to come to Kyle Field and yell for the
Aggies and they still do. But you can’t smoke there because second hand smoke is dangerous. I don’t
smoke or drink but I have family members who do both. I sit around it because it is at their home and
worth the trade off. I favor open government and I favor the dialogue. I think it would be outstanding if
the City of College Station said let’s have a discussion, an open debate and let’s go from there. I go to
church close to the Dixie Chicken and I understand the view that some people want to go have a fun
time. My mother died this past summer at 87 from complications of smoking. She started in the Great
Depression. It was ok and done everywhere, and she died of emphysema and lung disease. We know
more about it now. Sudden infant death has increased. Inter-uterine exposure increases. I think open
honest dialogue is a great thing. You have to look at the economics of Bryan. I think this is a great step
and appreciate being here. A&M is an incredible institution and keeping things the way they are isn’t
the way it used to always be.
Melissa Cunningham:
--Not with American Cancer Society. I think it’s cute that you think it is a moral issue. It’s not, it’s a
smoking issue. It’s one thing to smoke, and it’s another thing to make others inhale all the fumes. I
think it’s unfair that the gentleman made threats about the students coming back. It’s not about taking
away rights of the smoker. It’s about taking away the right of the way to breathe. I’m ok with opening
up to patios. I think that’s a reasonable compromise.
Erica Alcalla:
--Resident of Bryan and Manager of Mad Hatters. All of my employees sign a waiver saying they know
they will ingest smoke. They are also standing on their feet all day long. That is bad, should we take
away that right? I am a smoker and I hate that. I think a smoking ban in bars would hurt us. Question
about patios? It would only be to the enclosed area. Only 5 feet of our patio, if we’re lucky, would be
permitted to smoke. Have 20 employees, only 4 of them don’t smoke. We carry complimentary
cigarettes for people who want one and don’t want to buy a whole pack. There were 3 non smokers out
of a group of 40 people in a private party last night. This will hurt us. I’ve been to bars of both types.
How are you going to deal with this on a nightly basis? I think there are far greater problems. When I
call for assistance when there is a fight I have to wait for 10 minutes. This can only make it longer.
Kristine Weaver:
--Some of the things I’ve heard have gotten off track. This is a public health issue. This is not to tell
smokers they cannot smoke. I’ve heard the comments about what will they do next regarding fast food
restaurants. To talk about something that you want to do to yourself is one thing. But when you
impose your behavior is wrong. Where your rights to smoke start, end when a non-smokers’ rights
begin. There are laws that regulate behavior when it hurts someone else. Alcohol, yes you can go drink,
but you cannot drink until you are impaired and drive because that behavior could possibly hurt
someone else or yourself. It is a public health issue and the government does have a right to protect
citizens from a hazard to their health. It’s the same reason we don’t have to worry about the safety of
our food when we go to a restaurant. It’s about your right to breathe clean air.
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Shawn Miller: Marion Pugh
--A public health issue is just that. I like the idea of putting this on a ballot or letting the money talk. If a
bar wants to allow smoking, shouldn’t this be a decision of the bar owner? I think the patios are a great
place to smoke. This is something that needs further thought. There hasn’t been a lot of thought to the
economic interest
David Weaver: Hicks Lane
--I’m not in favor of smoking but like people that smoke, I’m not against them. I want to talk about the
people who do smoke. If I could wave a magic wand and make you a non-smoker I would. The thing
that is important is we have to watch out for the younger people. I work next to Hurricane Harry’s. I
see hundreds of young people, who are influenced in so many different ways, go into Harry’s. Do we
want them to go in and get hooked on smoking? We all realize smoking is addicting, the more you are
around it, the chances increase for others to smoke. Those people are going to continue to go to
Hurricane Harry’s. If they are not smoking there, those people are better off. I want people to
remember their concerns. A lot of people who smoke wouldn’t if they had a chance.
Barry Ivins, Owner of Corner Bar
--Who will enforce? Continue being the fire marshal but could also be code enforcement. At the
direction of the city manager. Would be a low priority call if police responded.
--I have customers that do and don’t smoke. I don’t care either way. There should not be a restriction
on open air. All the businesses on Northgate are close together, it will be eliminated on College Main.
The closest place you could smoke would be on campus. We banned drinking on the Promenade
because it couldn’t be policed. No way they can enforce this. There should be things of higher priority
for the city.
John Whittington: owner of The Tap
--The smoking ban is coming. We are aware of it. You can’t defend it. I’m not here about the health
issues. No one smokes in the restaurants after 10 o’clock at night. We’re the bars. We are eliminating
it inside, but let’s allow it on the patios. 20 feet is entirely too far. I’d like to know who wants to stop it
in bars, I’d like to see the names.
Greg Taggart: 1008 Medira
--I didn’t plan on coming here tonight. Smoking is tacky, tastless, it’s not cool, it’s bad for you. I don’t
like it. This isn’t about a public health issue. No one member of the public is forced to go into the Tap.
I’m not being paid to represent anything. This is an issue of liberty. No one is forced to enter a bar.
There are lots of places you can get a beer without suffering smoke. A member of the public has that
choice. I’m going to put up with the smoke or we’re not going to go there. Every merchant has that
decision to go for the smoke free crowd. They go for an economic decision. Who forces a staff member
to work in a bar? People who are offended by smoking have the choice to leave to show that right. The
clean air people who want to enjoy that, maybe that opens up a whole new option” clean air bars”.
What is the limit of the intrusion on private business matters?
Luke Potts: Holleman Drive
--Seems like many of you here think this centers around the intrusion of government. Sometimes the
government does need to get itself involved. Tobacco kills people and causes cancer. When you smoke
a cigarette, it causes cancer. When you inhale second hand smoke it can cause cancer and kill you. I
became an advocate of smoking ordinances when I had to listen to a 16 year old boy hear he had one
year to live because of second hand smoke from parents. This is not a choice. The only negative thing
153
that bar owners can come up with are economic issues. Studies have shown that the economy has
taken off. Some feel that people will go to Bryan. Studies have shown there is a much bigger crowd of
people who do not smoke and are now going to start going to those bars. Nothing to fear about the
economy. Other studies have been done and show a decrease in new smokers. Families live in this area
and we want to decrease the number of smokers. We need to look at long term effects and see that
only positive things will come out of this.
Phone Calls from Citizens Unable to Attend the Meeting
Laura Ann and Lucille Grymes
--We are very much in favor of making the smoking ordinance stricter, especially when walking out of
restaurants and bars.
Audrey Patton
--Support the ban.
Gary Mitchell
--I definitely wanted to attend the meeting but did not hear about it until too late. The American Cancer
Society website does not have any links to the studies they cite and they don’t have a list of those in
support of expanding the smoking ordinance. I’ve travelled a lot and seen how this affects the
economics and this will be tasking already limited resources. I hope more of the information behind this
becomes public. I think there are a lot more important issues that the City and you could be working on.
Paul Perry
--I live in Bryan and I am responding to the article in The Eagle. I’m afraid that so many constitutional
rights are being taken away from citizens. I feel like restricting it in a bar is going too far. I realize
secondhand smoke is dangerous but so are the coal-burning power plants and vehicle emissions. I’m
afraid government is getting too big and getting too involved. If you really wanted to go after smoking,
then maybe you should ban the sale of cigarettes.
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January 22, 2009
Regular Agenda Item No. 2
Article 7 of the Unified Development Ordinance
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
amendment to the Unified Development Ordinance, Article 7, General Development
Standards as it relates to detention ponds and storm water management design.
Recommendation(s): The Planning and Zoning Commission recommended approval of
the amendment by a vote of 6 to 0 at their December 18th meeting.
Summary: On January 18, 2007, after a discussion on storm water drainage with the
acting City Engineer, Commissioner Bill Davis requested that a future agenda item be
scheduled to discuss the design of detention and retention facilities in the College Station
area. The specific topic regarding these facilities was that of aesthetics. The subsequent
study that was completed focused only on detention and retention pond aesthetics and did
not examine any other characteristics, such as water filtration or drainage control. A
presentation to the Planning and Zoning Commission on December 6, 2007 outlined the
findings of that study.
The feedback received from the Commission was positive. There were several comments
expressing approval of improving the aesthetics of detention ponds. While it was decided
that retention ponds should not be a focus at this point, the Commission did point to several
issues identified in the presentation that deserved additional attention. This resulted in a
directive to provide additional landscaping and design options and standards specifically for
detention pond aesthetics. The primary focus of the current proposal is to amend the
Unified Development Ordinance (UDO) to:
1. remove detention pond screening regulations that detract from the aesthetics of a site;
2. provide alternatives to existing material and design options; and,
3. add regulations regarding exposed concrete involved in storm water management.
Staff had the opportunity to meet with the Building and Land Development Forum (BLDF) on
July 29, 2008, to discuss the possibility of providing incentives to the development
community to increase the aesthetics of detention ponds. Though the attending members
encouraged Staff’s initiative, there was not an incentive that the Planning and Development
Services Department was able to provide that would off-set the additional expenses of
creating a detention pond which would be a site amenity. With this information staff was
tasked with adapting the language of the UDO to become more flexible to creative design
initiatives brought forward by developers.
Removal of Regulation
The UDO (Section 7.9.B.2) states that “Detention ponds shall be screened using berms,
shrubs, brick/stone/masonry walls or a combination of these to achieve a 3-foot high screen
above the visible perimeter of the pond’s finished grade.” As previously discussed with the
P&Z, this regulation tends to draw attention to detention ponds rather than screen them.
The first staff proposal to increase detention pond aesthetics is to remove this standard.
155
Alternative Materials and Design Options
Staff is proposing the use of permeable concrete in detention ponds, as well as for non-
public, all-weather driving surfaces. At present, the UDO does not explicitly mention
permeable concrete as an option for developers. Permitting the use of these materials
would allow developers to pursue these options in their site plans to help satisfy storm
water management guidelines.
Another proposed design option is related to the use of decorative storm water
management initiatives integrated with the building. An increased aesthetic setting would
result from periods of rainfall and allow developers and architects to develop more unique
site plans and building designs. Staff would like to add this design option to the list of
architectural features that may be used to meet non-residential architectural standards.
Additional Regulations
It is proposed that exposed concrete used in detention ponds, retaining walls, or other
storm water management methods be treated to replicate a natural material such as stone
or wood, when it would be seen from the right-of-way or neighboring property.
Budget & Financial Summary: N/A
Attachments:
1. Draft Planning and Zoning Commission Meeting Minutes, December 18, 2008
2. Ordinance – LEGAL HAS REVIEWED AND SIGNED THE ORDINANCE
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December 18, 2008 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, December 18, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: John Nichols, Noel Bauman, Paul Greer, Doug Slack,
Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Staff Planners Jason Schubert, Matt Robinson and Lauren Hovde,
Graduate Civil Engineer Erika Bridges, Senior Assistant City Engineer Carol Cotter, City
Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Planning Administrator
Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott,
First Assistant City Attorney Carla Robinson, Action Center Representative Kerry Mullins and
Staff Assistant Brittany Caldwell
1. Call Meeting to Order.
Chairman John Nichols called the meeting to order at 7:20 p.m.
Regular Agenda
6. Public hearing, presentation, possible action, and discussion on an amendment to the
Unified Development Ordinance, Article 7, General Development Standards as it relates
to detention ponds and storm water management. Case #08-0050001 (LH)
Lauren Hovde, Staff Planner, presented the amendment to the Unified Development
Ordinance, Article 7, General Development Standards as it relates to detention ponds and
storm water management.
There was general discussion regarding the amendment.
Chairman Nichols opened the public hearing.
No one spoke during the public hearing.
Chairman Nichols closed the public hearing.
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December 18, 2008 P&Z Regular Meeting Minutes Page 2 of 2
Commissioner Woodfin motioned to approve the amendment. Commissioner Slack
seconded the motion, motion passed (6-0).
Meeting adjourned at 8:12 p.m.
Approved:
____________________________________
John Nichols, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Brittany Caldwell, Staff Assistant
Planning and Development Services
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ORDINANCE NO.__________ Page 1
ORDINANCE NO. ______
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE”,
SECTION 7.2.G.2.c “PERMANENT SURFACES”, SECTION 7.5.C.9 “LANDSCAPING
REQUIREMENTS”, SECTION 7.8 “DRAINAGE AND STORMWATER MANAGEMENT”,
SECTION 7.9.B.1 “REQUIRED SCREENING”, AND SECTION 7.9.B.2 “BUILDING MASS
AND DESIGN” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION,
TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance”, Section 7.2.G.2.c
“Permanent Surfaces”, Section 7.5.C.9 “Landscaping Requirements”, Section 7.8
“Drainage and Stormwater Management”, Section 7.9.B.1 “Required Screening”, and
Section 7.9.B.2 “Building Mass and Design” of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a
part of this ordinance for all purposes.
PART 2: Should any part of this ordinance be held illegal or invalid for any reason, the
holding shall not affect the remaining sections or portion of sections or provisions of this
ordinance.
PART 3: 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 22nd day of January, 2009.
APPROVED:
______________________________
Mayor
ATTEST:
____________________________
City Secretary
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ORDINANCE NO.__________ Page 2
APPROVED:
____________________________
City Attorney
160
ORDINANCE NO.__________ Page 3
EXHIBIT “A”
I.
That Section 7.2.G.2.c, “Permanent Surfaces,” of Chapter 12, “Unified Development
Ordinance,” of the Code of Ordinances of the City of College Station, Texas, is hereby
amended to read in its entirety as follows:
C. Permanent Surfaces
1) All-Weather Surface (Permanent)
In some development scenarios, an emergency access or turnaround must
be constructed to meet emergency access purposes and is not required for
public traffic, service vehicles or sanitation vehicles. In these cases, the
area required for emergency access only may consist of permanent
pavement surface as specified in the CITY OF COLLEGE STATION SITE
D ESIGN S TANDARDS.
Per Ordinance No. 2902 (June 8, 2006)
2) Permeable Surface
(a) The use of porous materials such as permeable concrete and
pavers to mitigate storm water sheeting and pooling of water
may be used in off-street parking areas if the material meets
vehicular loading standards and is approved by the
Administrator.
(b) Fire lanes may also be constructed of porous materials such as
permeable concrete and pavers to mitigate storm water sheeting
and pooling of water, so long as it is demonstrated that the
permeable surface can obtain sufficient land and compaction
ratings for its application as approved by The City of College
Station Fire and Sanitation Departments.
(c) Permeable surfaces approved as provided above shall be
maintained in accordance with industry standards and to
achieve mitigation of storm water sheeting and pooling of
water. Failure to maintain permeable surfaces as required
herein, shall constitute a violation of the Section of the UDO for
which penalty provisions may be involved.
161
ORDINANCE NO.__________ Page 4
II.
That Section 7.5.C.9, “Landscaping Requirements,” of Chapter 12, “Unified Development
Ordinance,” of the Code of Ordinances of the City of College Station, Texas, is hereby
amended to read in its entirety as follows:
9. Landscaping must be reasonably dispersed throughout all visible areas of the
site, including a grassed detention pond area.
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ORDINANCE NO.__________ Page 5
III.
That Section 7.8, “Drainage and Stormwater Management,” of Chapter 12, “Unified
Development Ordinance,” of the Code of Ordinances of the City of College Station, Texas,
is hereby amended to read in its entirety as follows:
7.8. Drainage and Stormwater Management
Any reference to this Section shall also apply to Chapter 13 of the CODE OF
ORDINANCES, FLOOD HAZARD PROTECTION.
A. Detention Pond Aesthetic Design
Detention ponds should be treated as aesthetic site amenities, adding quality and
depth to the visual environment of the site. Therefore, the detention pond area shall
be integrated into the overall landscaping design of the site by reasonably dispersing
the required landscaping points.
1. Unless the landscape plan is sealed by a landscape architect and approved by the
Administrator, only plantings found in the College Station Plan List for Detention
Pond Areas may be used in a detention area.
2. If visible from any right-of-way or abutting property, concrete structures (such as
weirs, outlets, and spillways) and retaining walls over 6” in height shall be treated
so as to replicate stone, wood, or other alternatives approved by the
Administrator. The treatment shall be complementary to the structures on the site.
3. Variations to the requirements of this Section may be approved if the
development project is employing Leadership in Energy and Environmental
Design (LEED) development standards, using stormwater management to acquire
LEED points. The project must be LEED certifiable (it does not have to be
registered as a LEED project but must be eligible for certification), be sealed by a
Landscape Architect, and show reasonable evidence that the requirements as set
forth in this Section were used as a guide.
163
ORDINANCE NO.__________ Page 6
IV.
That Section 7.9.B.1, “Required Screening” and Section 7.9.B.2 “Building Mass and
Design,” of Chapter 12, “Unified Development Ordinance,” of the Code of Ordinances of
the City of College Station, Texas, is hereby amended to read in its entirety as follows:
B. Standards for All Non-Residential Structures
1. Required Screening
All mechanical equipment shall be screened from view or isolated so as not to
be visible from any public right-of-way or residential district within 150 feet of
the perimeter boundary of the subject lot or tract, measured from a point five
(5’) feet above grade. Such screening shall be coordinated with the building
architecture, materials, colors and scale to maintain a unified appearance.
Acceptable methods of screening are: encasement, parapet walls, partition
screens, brick/stone/masonry walls or fences.
Detention ponds shall be integrated into the overall landscaping theme and
design of the site as described in Section 7.8.A, Detention Pond Aesthetic
Design.
2. Building Mass and Design
In order to provide visual interest, the first two (2) stories of any façade facing
a public right-of-way shall use architectural relief every forty-five horizontal
feet (45’) by incorporating a minimum of two (2) different design elements
within each forty-five foot (45’) section from the options below. All other
façades shall incorporate a minimum of two (2) different design elements
within each sixty-foot (60’) section as described above. Wall sections less than
forty-five feet (45’) or sixty feet (60’) respectively, shall also be required to
provide the two (2) different design elements.
· Canopies, permanent decorative awnings, or windows accompanied by
overhangs;
· Wall plane projections or recessions with a minimum of four foot (4’)
depth;
· Pilasters or columns;
· Recessed entries, stoops, porches, or arcades;
· Balconies that extend from the building;
· Boxed or bay windows;
· Decorative stormwater management initiatives physically integrated
with the building, as approved by the Administrator. An example is
shown below.
164
ORDINANCE NO.__________ Page 7
Pictures used with permission from the City of Portland, Environmental
Services (2008)
165
January 22, 2009
Regular Agenda Item 3
Appointment to Joint Relief Funding Review Committee
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding the City’s
appointment to the Joint Relief Funding Review Committee.
Recommendation(s): N/A
Summary: In December of 2008, J. Kevin Byrne’s term on the Joint Relief Funding Review
Committee expired. In an effort to located interested candidates to be considered for that
position, staff solicited interest from past applicants. Only one applicant, Earl Apgar, asked
to be considered. Mr. Apgar was recently appointed to the Historic Preservation Committee,
though, and is therefore ineligible to serve on the Joint Relief Funding Review Committee
concurrently.
Staff contacted Mr. Byrne and he has agreed to serve an additional term. If appointed, this
would be Mr. Byrne’s third term on the committee.
Budget & Financial Summary: N/A
Attachments:
1. Letter of interest to serve from Kevin Byrne
166
. . . - .. . -- -. . -- 1 (1/13/2009) Lucy Taylor - Fwd: Joint Relief Fundina Review Committee Paa-i-l-]
From: Debbie Eller
To: Lucy Taylor
Date: 1/13/2009 8:06 AIY
Subject: Fwd: Joint Relief Funding Review Committee
>>> "Kevin Byrne" <bvrnebsuddenlink.net> 1/13/2009 5:30 AM >>>
Debbie:
As we discussed, I would be happy to serve another term on the committee if needed. I have enjoyed the experience and pleasure
of working with everyone and working to better improve the needs of our home town.
Please let me know if you need additional information.
Thanks
Kevin
167