HomeMy WebLinkAbout05/18/2009 - 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
Monday, May 18, 2009 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation of Ellis & Associates' Gold International Aquatic Safety Award.
Recognition of Lifetime Achievement for Aquatic Excellence for Aquatics Supervisor Vera Vowell Solis.
Presentation of Vintage Street Signs to the City Council from the Historic Preservation Committee.
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 regarding the authorization for the Mayor to execute the
renewal of two utility easements located on the Texas A&M University System property.
b. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to
reimburse certain expenditures, not to exceed $100,000, with proceeds from debt for the Birmingham Road
and Longmire Drive intersection improvements project.
c. Presentation, possible action and discussion on a resolution for an Advanced Funding Agreement (AFA)
between the City of College Station and the State of Texas for the Discovery Drive Extension project.
1
City Council Regular Meeting Page 2
Monday, May 18, 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 to approve a Change Order for the College Park-Breezy
Heights Rehabilitation Project Design Contract.
e. Presentation, possible action, and discussion regarding a resolution approving a construction contract with
H&B Construction, in the amount of $84,612.62 for street lighting installations on Harvey Mitchell Parkway
(F.M. 2818) from Texas Ave to Longmire and from Holleman to Luther and approval of a resolution
declaring intention to reimburse certain expenditures with proceeds from debt.
f. Presentation, possible action and discussion regarding the adoption of an amendment for the Code of
Ordinances Chapter 8 Sections 4- 8, amending The Emergency Management Plan, and Section 12,
renumbering the Reserve Police Force, and the approval of a resolution adopting the Basic Emergency
Management Plan.
g. Presentation, possible action and discussion regarding the approval of a resolution accepting from the
Office of Domestic Preparedness of the U.S. Department of Homeland Security in Cooperation with the U.S.
Fire Administration for funding from the Assistance to Firefighters Grant Program in the amount of
$686,732 and agreeing to provide the local match of $171,683.
h. Presentation, possible action, and discussion on consideration of an ordinance amendment to Ch. 15:
Impact Fees which would update land use assumptions, capital improvements plan, and the imposition of
updated water and wastewater impact fees in Steeplechase-Wellborn Sewer Impact Fee Service Areas 03-02.
i. Presentation, possible action and discussion regarding a resolution approving a Municipal Maintenance
Agreement with the State of Texas for the maintenance, control, supervision and regulation of certain State
Highways and/or portions of State Highways in the City of College Station.
j. Presentation, possible action, and discussion regarding the second renewal of an annual contract for the
purchase of water meters from Badger Meter, Inc. for the estimated cost of $131,880.
k. Presentation, possible action, and discussion regarding rejection of the low bid (because the internal
chambers are not large enough to meet specifications) and approval of the water meter purchase contract
with Badger Meter, Inc in the amount of $241,361.90.
l. Presentation, possible action, and discussion regarding Change Order No. 6 to the construction contract
(Contract No. 08-044) with JaCody, Inc. in the amount of $29,961.76 for the CSU Meeting & Training
Facility.
m. Presentation, possible action, and discussion regarding a change order to the professional services
contract with Mitchell & Morgan, L.L.P. for the Koppe Bridge Lift Station Project in an amount not to
exceed $62,635.00.
n. Presentation, possible action, and discussion regarding a resolution awarding a professional services
contract for the design of the Victoria Avenue Project to Bleyl & Associates in an amount not to exceed
$272,000.00, and approval of a resolution declaring intention to reimburse certain expenditures with
proceeds from debt.
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City Council Regular Meeting Page 3
Monday, May 18, 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
o. Presentation, possible action, and discussion on a change order to Contract 09-024 with Malcolm Pirnie,
Inc. in the amount of $13,902, for the design of the Well 8 Collection Line.
p. Presentation, possible action, and discussion regarding action to ratify a change order for Construction
Contract 08-116 with Acklam Construction for the construction of the Memorial Cemetery and the Aggie
Field of Honor Project GG-9905 in the amount of $64,164.02.
q. Presentation, possible action, and discussion regarding approval of the Brazos Valley Wide Area
Communications System (BVWACS) Operating Budget for FY 09 and authorizing the City’s quarterly
payments of $15,719.52 for an annual total of $62,878.08.
r. Presentation, possible action, and discussion regarding a resolution for the Click It or Ticket Selective
Traffic Enforcement Program grant contract for the fiscal year 2009.
s. Presentation, possible action, and discussion regarding an ordinance repealing and terminating the
Northgate Tax Increment Reinvestment Zone (TIRZ #16).
t. Presentation, possible action, and discussion authorizing the payment of Retention and Expansion and
Payroll Grants in a total amount of $45,000 to Reynolds and Reynolds, Inc.
u. Presentation, possible action, and discussion on a termination amendment to an existing Advanced
Funding Agreement (AFA) with the Texas Department of Transportation for the State Highway 30 Widening
Project , and a Resolution of the City Council of College Station, Texas, approving a new Advance Funding
Agreement with the Texas Department of Transportation (TxDOT) and the City of Bryan, to design and
construct additional lanes on State Highway 30 from 4.20 miles west of F.M. 244 to 4.63 miles west of F.M.
244 and adjacent to the BVSWMA Twin Oaks Landfill site for the purpose of providing safe ingress and
egress from said facility in an amount not to exceed $656,750.
v. Presentation, possible action, and discussion regarding rejection of the bid received in response to RFP
#09-36 for the sale of City property at 1124 Carolina.
w. Presentation, possible action, and discussion of approval of a resolution authorizing the City Council to
order a municipal runoff election to be held on June 13, 2009 for the purpose of electing a councilmember to
City Council Place 4, and providing for the Mayor to sign the notice of election designating the hours and
polling place locations.
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
3
City Council Regular Meeting Page 4
Monday, May 18, 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
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion on an ordinance amending the
Comprehensive Land Use Plan from Single-Family Residential, Medium Density and Floodplain to
Planned Development for 14.27 acres located at 2429 Earl Rudder Freeway South north of the
intersection of State Highway 6 Frontage Road and Raintree Drive.
2. Public hearing, presentation, possible action, and discussion regarding an amendment of Chapter 12,
Unified Development Ordinance, Section 4.2, Official Zoning Map, of the Code of Ordinances of the
City of College Station, Texas by rezoning 3.38 acres from A-O, Agricultural-Open, to R-1, Single-
Family Residential at 5400 St. Andrews Drive and more generally located in the Pebble Creek
Subdivision.
3. Public hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, the
Unified Development Ordinance, Section 7.4.E "Exempt Signs," Section 7.4.X "Signs for Permitted
Non-residential Uses in Residential or Agricultural Districts" and Section 11.2 "Defined Terms", of the
Code of Ordinances.
4. Presentation, possible action, and discussion for a resolution to recommend Dave Coleman, Water
Services Department Director, to fill a vacant Municipal representative position as a voting member on
the Region G Water Planning Group.
5. Presentation, possible action, and discussion authorizing payment from the Brazos Valley Solid Waste
Management Agency (BVSWMA) Fund for payment to the City of Bryan for FY08/FY09 Compost
Facility losses in the amount of $356,871.
6. 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 Monday, May 18, 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.
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City Council Regular Meeting Page 5
Monday, May 18, 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
Posted this 15th day of May, 2009 at 2:00 p.m.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website,
www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on May 15, 2009 at 2:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2009 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2009.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
5
May 18, 2009
Consent Agenda Item No. 2a
Texas A&M University Systems Easement Renewal
To: Glenn Brown, City Manager
From: David Massey, Director of College Station Electric Utility
Agenda Caption: Presentation, possible action, and discussion regarding the
authorization for the Mayor to execute the renewal of two utility easements located on the
Texas A&M University System property.
Recommendation(s): Staff recommends Council authorize the Mayor to sign the
easement document.
Summary: Easement locations are Luther Street for TAMU No. 1 Oil Well and University
Dr for Texas A&M University Service Center, Building 3400. These easements cover existing
electric distribution lines.
Section 85.26 of the Texas Education Code, limits Texas A&M University to the grant of an
easement for not more than 10 years after which time the Board may renew the easement.
Texas A&M has requested the renewal of the listed easements.
Budget & Financial Summary: NA
Attachments:
1. Easement Oil Well No. 1 Luther St (available in City Secretary’s Office)
2. Easement Building 3400 TAMU Service Center (available in City Secretary’s Office)
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May 18, 2009
Consent Agenda Item No. 2b
Debt Reimbursement Resolution for Birmingham Road
and Longmire Drive Intersection Improvements Project
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution declaring intention to reimburse certain expenditures, not to exceed $100,000,
with proceeds from debt for the Birmingham Road and Longmire Drive intersection
improvements project.
Recommendation(s): Staff recommends approval of the resolution declaring intention
to reimburse certain expenditures with proceeds from debt.
Summary: It is anticipated that General Obligation long term debt will be issued for this
project. On projects for which the expenditures will occur prior to the debt issue, a
resolution declaring intention to reimburse certain expenditures with proceeds from debt
must be adopted within 60 days of expenditure on the project. The resolution is typically
adopted at the time the contract is awarded, but as the purchases for this project will be
made through a blanket concrete purchase order that was approved by Council on October
6, 2008, this resolution is being brought forward separately.
Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is necessary for this item because a portion
of the long term debt has not been issued for the project. This long term debt, not to
exceed $100,000, is scheduled to be issued later this fiscal year.
Attachments:
1. Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt
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May 18, 2009
Consent Agenda Item No. 2c
Discovery Drive Extension Project Advanced Funding Agreement
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action and discussion on a resolution for an
Advanced Funding Agreement (AFA) between the City of College Station and the State of
Texas for the Discovery Drive Extension project.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The project will require the City of College Station to work within the Texas
Department of Transportation (TXDOT) right-of-way at the intersection of Discovery Drive
and Raymond Stotzer Parkway (FM 60). TXDOT requires an AFA for any roadway
connection or roadway work performed within TXDOT right-of-way. The City of College
Station is paying $2,000,000 toward the design and construction of the Discovery Drive
project.
As requested by Texas A&M University, the project has been divided into two phase. The
first construction package will include modifications to the signal at Discovery Drive and
Raymond Stotzer and the construction of Discovery Drive to the TIPS Building. The second
phase will potentially include a new traffic signal at the Raymond Stotzer and the Large
Animal Clinic and new sidewalks from Agronomy to Discovery Drive.
Budget & Financial Summary: There are no payments to TXDOT associated with this
AFA. The current project budget for the Discovery Drive Extension in the amount of
$2,000,000 is for design and construction. $392,357 has been expended or committed to
date, leaving a balance of $1,607,643.
Attachments:
1. AFA
2. Location map
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May 18, 2009
Consent Agenda Item No. 2d
College Park-Breezy Heights Rehabilitation Project
Change Order No. 3 to Contract 05-147
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion to approve a Change
Order for the College Park-Breezy Heights Rehabilitation Project Design Contract.
Recommendation(s): Staff recommends approval of the Change Order No. 3 to Contract
05-147 with Goodwin-Lasiter, Inc. for design services to expand curb & gutter replacement
and milling and overlaying of streets related to the College Park-Breezy Heights
Rehabilitation Project in the amount of $36,000.00.
Summary: The College Park-Breezy Heights Rehabilitation Project will bring street and
utility upgrades to one of the oldest neighborhoods in the City of College Station. At the
April 9, 2009 Council meeting, Council was presented with a proposed plan to use remaining
streets funds in the project budget to expand the curb & gutter replacement and street
milling and overlaying program to include areas that were not originally included in the
project when bids were solicited for construction. This change order will allow the engineer
to conduct survey and other related work to provide the City with needed material quantity
estimates so that negotiations for the added work may be made with the contractor.
Budget & Financial Summary: The current budget for the College Park-Breezy Heights
Rehabilitation Project is $5,843,045. Funds in the amount of $4,696,109 have been
expended or committed to date, leaving a balance of $1,146,936. The original engineering
contract amount was $433,600.00 and Change Order No.1 added an additional $6,600.00.
Change Order No. 2 added an additional $32,500.00. Change Order No. 3 will increase the
contract by $36,000.00 for a revised total of $508,700.00.
Attachments:
1. Change Order No. 3
2. Location Map of the College Park-Breezy Heights Rehabilitation Project.
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May 18, 2009
Consent Agenda Item No. 2e
Harvey Mitchell Parkway (2818) Street Lighting
From Texas Ave to Longmire and from Holleman to Luther and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt
To: Glenn Brown, City Manager
From: David Massey, Director of Department of Electric Utility
Agenda Caption: Presentation, possible action, and regarding a resolution approving a
construction contract with H&B Construction, in the amount of $84,612.62 for street lighting
installations on Harvey Mitchell Parkway (F.M. 2818) from Texas Ave to Longmire and from
Holleman to Luther and approval of a resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Recommendation(s): Staff recommends award to the lowest responsible bidder
meeting specifications, H&B Construction and recommends approval of the resolution
declaring intention to reimburse certain expenditures with proceeds from debt.
Summary: This contract (Contract 09-105) is for the installation of street lighting on
Harvey Mitchell Parkway (F.M. 2818) from Texas Ave to Longmire and from Holleman to
Luther. There will be a total of 42 street light poles and fixtures installed on the project.
Sealed competitive bids were received with nine (9) bidders responding to the bid with H&B
Construction being the lowest bid meeting specification.
Budget & Financial Summary: Funds are budgeted for this project in the City of College
Station’s Electric Utility Capital Improvement Projects Budget. The “Resolution Declaring
Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this
item because the long term debt has not been issued for the project. This debt is scheduled
to be issued later this fiscal year.
Attachments:
1. Resolution
2. Bid Tabulation
3. Project Location Map
4. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
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May 18, 2009
Consent Agenda Item No. 2f
Emergency Management Plan
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the
adoption of an amendment for the Code of Ordinances Chapter 8 Sections 4-
8, amending The Emergency Management Plan, and Section 12,
renumbering the Reserve Police Force, and the approval of a resolution
adopting the Basic Emergency Management Plan.
Recommendation(s): Staff recommends acceptance of the resolution and
amended ordinance.
Summary: The legislature of the State of Texas passed the Texas Disaster
Act of 1975, Codified as Chapter 418 of the Texas Government Code; and
providing for an emergency management system embodying all aspects of
pre-disaster preparedness and post-disaster response.
The Emergency Management Plan was established by City Ordinance No.
1585, dated April 11, 1985 and amended May 18, 2009 to provide a
consistent approach to the effective management of situations involving
natural disasters, man-made disasters or terrorism.
The Resolution and Basic Emergency Management Plan is an on-going
program for indentifying and recommending the implementation of
measures which would tend to prevent the occurrence or reduce the impact
of such hazards if a disaster did occur. The Basic Emergency Management
Plan is on file with the City Secretary.
It is our responsibility to protect public health and safety and preserve
property from the effects of hazardous events. We have the primary role in
identifying and mitigating hazards, preparing for and responding to, and
managing the recovery from emergency situations that affect our
community.
The Reserve Police Force section is renumbered and moved to section 12.
The substance remained the same for this section.
Budget & Financial Summary: None
Attachments:
Amended Chapter 8 “Personnel” Sections 4–8 and 12 Ordinance No._______
Resolution Number________
31
32
33
34
35
36
37
38
May 18, 2009
Consent Agenda Item No. 2g
Homeland Security Program 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 from the Office of Domestic Preparedness of the U.S. Department of
Homeland Security in Cooperation with the U.S. Fire Administration for funding from the
Assistance to Firefighters Grant Program in the amount of $686,732 and agreeing to provide
the local match of $171,683.
Recommendation(s): Staff recommends approval of the application and acceptance of the
grant if awarded from the Office of Domestic Preparedness and recommends the City
Council to authorize and designate the Fire Chief or their designee, to sign agreements with
the Office of Domestic Preparedness for these grants on behalf of the City of College
Station.
Summary: The City of College Station has prepared a Grant Application in accordance with
the requirements of the Office of Domestic Preparedness who is responsible to administer
the grant funds under the Assistance to Firefighters Grant Program, 44 CFR Part 152, for
the purpose of making funds available for local projects that qualify under the list of eligible
categories. The City of College Station desires to apply for (2) Assistance to Firefighters
Grants during this current application period which ends on May 20, 2009. One Grant
request is for the purchase of a full size Hazardous Materials Response vehicle. This vehicle
will replace a small pick-up truck and undersized trailer that is currently being used. The
second Grant request is for the purchasing and upgrading of our fire department self
contained breathing apparatus which do not currently meet the new requirements and
standards as outlined in NFPA 1981 on Self Contained Breathing Apparatus.
Budget & Financial Summary: This is an equipment grant request and the City of College
Station is required to provide matching funds in the amount of $108,000 for the Haz-mat
response vehicle and $63,683 for the SCBA upgrades and replacements. If the Grant
request is approved there will be additional funds requested in future budgets for O&M for
the vehicle and SCBA equipment obtained from the Grant.
Attachments:
Homeland Security Application on file in City Secretary’s office
Resolution
39
40
May 18, 2009
Consent Agenda Item No. 2h
Update of Steeplechase-Wellborn Sewer Impact Fee Area 03-02
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance amendment to Ch. 15: Impact Fees which would update land use assumptions,
capital improvements plan, and the imposition of updated water and wastewater impact
fees in Steeplechase-Wellborn Sewer Impact Fee Service Areas 03-02.
Recommendation(s): The Planning and Zoning Commission which serves as the Impact
Fee Advisory Committee recommended approval of the Report containing the updated land
use assumptions, capital improvements plan, and the imposition of updated water and
wastewater impact fees in Steeplechase-Wellborn Sewer Impact Fee Service Areas 03-02.
Staff also recommends approval of the ordinance adopting the update.
Summary: A public hearing was conducted at the April 23, 2009 City Council Regular
Meeting regarding the proposed land use assumptions, capital improvements plan, and the
imposition of updated water and wastewater impact fees in Steeplechase-Wellborn Sewer
Impact Fee Service Areas 03-02. This item tonight is to consider the adoption of this
update through an ordinance amendment to Ch. 15: Impact Fees.
The “Steeplechase Wastewater Impact Fees” Report was prepared by our consultant
Rimrock Consulting Company. This report contains the technical data which is the basis for
the 2008-2018 fee calculation: land use and planning data, unit usage statistics and capital
improvements plan. Actual fee calculation is shown in Section 3.0 of the report, specifically
note Tables 3-2. Current fees and proposed maximum fee calculated in the subject report
are provided below.
03-02
Steeplechase Wastewater
Current Fee* $300.00
Proposed Fee* $357.74
* per Living Unit Equivalent (LUE)
A summary of the Wastewater Impact Fees Report is provided in the referenced 5-Year
Update Report. Note the above “Proposed Fees” are the maximum fee allowed based on the
updated analysis, however Council may chose to enact a fee less than the maximum. Also
note that the Planning and Zoning Commission serves as the Impact Fee Advisory
Committee as defined by ordinance. As attested to by the Chairman of the planning and
Zoning Commission on the attached 5-year Update Report, on February 5, 2009 the
Advisory Committee unanimously recommended the report be forwarded to City Council and
supported the information in the report to update the impact fees.
Budget & Financial Summary: This update report justifies the maximum impact fee for
Service Area 03-02 to be increased to $357.74/LUE from the current fee of $300.00/LUE.
By state law the fees cannot be greater than the proposed fee. The future revenue possible
to be recovered if the maximum fee is adopted is $942,644.90, assuming 2,838 LUEs at full
build-out less the 203 LUEs existing. This would increase the recovery $152,144.90 from
the current fee. To date only $7,216.03 has been collected.
Attachments:
1. Ordinance
2. Steeplechase Wastewater Impact Fees Report (Available at City Engineer’s Office)
3. 5-Year Update Report Memo – 03-02 Steeplechase Wastewater Impact Fee
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
May 18, 2009
Consent Agenda Item No. 2i
TxDOT Maintenance Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding a resolution approving a Municipal
Maintenance Agreement with the State of Texas for the maintenance, control, supervision and regulation of certain
State Highways and/or portions of State Highways in the City of College Station.
Recommendation(s): Staff recommends that Council approve the resolution approving the maintenance agreement
authorizing the Mayor to execute the agreement.
Summary: This maintenance agreement describes both the City’s and the State’s responsibilities for the
maintenance of each of the State Highways within the City of College Station. The highways are divided into
“controlled access” and “non-controlled access” highways. The controlled access highway is SH 6 (Earl Rudder
Freeway). All of the other State Highways are classified as non-controlled access highways.
The agreement is renewed every 3 years. This agreement is the same as the last except that SH 40 (William D.
Fitch) is added to the inventory of non-controlled access highways.
Budget & Financial Summary: The largest financial impact of this agreement is in the area of right-of-way
mowing. The Street & Drainage Maintenance division’s right-of-way mowing operation covered approximately
4,693 curb miles in FY 2008 at a cost of just under $100,000. The addition of SH 40 will increase that to 5,500 curb
miles each year bringing the annual cost to $116,000.
Attachments:
1. Resolution
2. Maintenance Agreement
56
57
58
59
60
61
62
63
64
65
66
May 18, 2009
Consent Agenda Item No. 2j
Annual Water Meter Purchase Contract Renewal
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding the second
renewal of an annual contract for the purchase of water meters from Badger Meter, Inc. for
the estimated cost of $131,880.
Recommendation: Staff recommends approval.
Summary: Badger Meter, Inc. has agreed to renew the original bid’s terms and conditions.
This is the second annual renewal term of three possible renewals, and staff recommends
continuing to purchase meters from this manufacturer based on the reasonable price and
the exceptional quality of the product. The estimated contract cost of $131,880 is based on
the expected number and type of water meters that will need to be purchased over the
course of the next year, and actual cost will depend on those quantities.
Please note, this is one of two items on this agenda for purchase of water meters. This item
will renew the annual contract to purchase water meters as needed over the course of the
year, and the other item is requesting approval of a contract to purchase 4,000 meters all
at once, for the water meter replacement program. The annual contract existed before the
water meter replacement program was initiated, and the two are kept separate for
accounting purposes. Also, if the replacement program was terminated, this annual
contract would still be required.
Budget & Financial Summary: Funds for this item are budgeted in the Water Capital
Improvement Projects Fund.
Attachments:
Renewal letter
67
68
69
70
71
May 18, 2009
Consent Agenda Item No. 2k
Water Meter Replacement Program Purchase Contract
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding rejection of the
low bid (because the internal chambers are not large enough to meet specifications) and
approval of the water meter purchase contract with Badger Meter, Inc in the amount of
$241,361.90.
Recommendation: Staff recommends rejection of the low bid and approval of the contract
with Badger, because the latter will provide a water meter with a larger chamber that meets
specifications.
Summary: The Water Meter Replacement Program was approved by City Council last year,
in order to replace water meters on a seven year cycle and reduce “unbilled” water. Due to
the City’s high water pressure, water meters will typically begin to underestimate water
usage after seven years, which reduces revenue to the Water Fund. This purchase contract
will initiate the second year of the water meter replacement program, which replaces 4,000
meters per year and is estimated to pay back the investment many times over.
As shown on Bid Tab #09-58, Badger Meter was the second low bidder at $241,361.90.
The lowest bidder was HD Supply Waterworks at $238,055.00. However their meter,
Neptune, did not meet the product specifications set forth in the bid package. The
specifications in the bid package constitute the terms of the contract and must be met.
Specifically, the Neptune meters internal chambers were not large enough to meet the
specification, and this is critical to achieve smooth water flow through the meter for
accurate readings and a longer service life. Also, the Neptune touch pads are not
compatible with the touch readers used by our meter readers. Therefore, staff is
recommending rejection of the low bid, and award to the second lowest responsible bidder
based on previous product experience and Badger Meter’s adherence to strict bid
specifications and quality standards.
Please note, this is one of two items on this agenda for purchase of water meters. This item
will purchase 4,000 meters all at once, and the other item is requesting approval of the
annual contract for purchasing water meters as needed over the course of the year. The
annual contract existed before the water meter replacement program was initiated, and the
two are kept separate for accounting purposes.
Budget & Financial Summary: Funds for the Water Meter Replacement program are
budgeted in the Water Capital Improvement Projects Fund.
Attachments:
Bid Tab
72
ITB 09-58
Purchase of Water Meters
Open Date: Tuesday, April 14, 2009 @ 2:00
Item
No.
Qty
(Estimate)UOM Description Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount
Unit
Price Bid Amount Unit Price Bid Amount
1 2000 EA 5/8" x 3/4" WATER METER 38.43$ 76,860.00$ 36.55$ 73,100.00$ 38.40$ 76,800.00$ 33.60$ 67,200.00$ 35.28$ 70,560.00$ 32.50$ 65,000.00$ 45.00$ 90,000.00$
2 400 EA 1" WATER METER 85.45$ 34,180.00$ 82.55$ 33,020.00$ No Bid -$ 83.15$ 33,260.00$ 82.00$ 32,800.00$ 85.26$ 34,104.00$ 101.50$ 40,600.00$
3 200 EA 1-1/2" WATER METER 246.84$ 49,368.00$ 185.59$ 37,118.00$ 192.00$ 38,400.00$ 229.00$ 45,800.00$ 189.00$ 37,800.00$ 307.00$ 61,400.00$ 230.00$ 46,000.00$
4 150 EA 2" WATER METER 363.94$ 54,591.00$ 246.75$ 37,012.50$ 292.00$ 43,800.00$ 289.00$ 43,350.00$ 268.00$ 40,200.00$ 377.00$ 56,550.00$ 316.00$ 47,400.00$
5 10 EA 2" COMPOUND WATER METER TR/PL 1,225.83$ 12,258.30$ 1,033.25$ 10,332.50$ 1,339.00$ 13,390.00$ 1,079.00$ 10,790.00$ 1,050.00$ 10,500.00$ No Bid -$ 1,262.00$ 12,620.00$
6 200 EA 5/8" x 3/4" WATER METER TR/PL 75.64$ 15,128.00$ 83.32$ 16,664.00$ 80.00$ 16,000.00$ 84.80$ 16,960.00$ 72.00$ 14,400.00$ No Bid -$ 94.00$ 18,800.00$
7 100 EA 1" WATER METER TR/PL 119.78$ 11,978.00$ 162.28$ 16,228.00$ No Bid -$ 136.60$ 13,660.00$ 146.00$ 14,600.00$ No Bid -$ 150.50$ 15,050.00$
8 50 EA 1 1/2" WATER METER TR/PL 273.28$ 13,664.00$ 259.09$ 12,954.50$ 253.00$ 12,650.00$ 283.00$ 14,150.00$ 246.50$ 12,325.00$ No Bid -$ 278.50$ 13,925.00$
9 10 EA 3" HYDRANT METER 383.23$ 3,832.30$ 493.24$ 4,932.40$ No Bid -$ 479.00$ 4,790.00$ 487.00$ 4,870.00$ 463.55$ 4,635.50$ 563.00$ 5,630.00$
GRAND TOTAL 201,040.00$ 249,960.00$ 238,055.00$ 221,689.50$
DELIVERY (Calendar Days)
PROMPT PAYMENT DISCOUNT
NOTES
Aqua Metrics
»MFG: Sensus
»Bidder submitted an alternate bid for Item No. 5: Sensus C-2 Compound Meter, $866.67 each, Total $8,666.70
Badger Meter, Inc.
»MFG: Badger
Hersey Meters
»MFG: Hersey
ACT Pipe and Supply
»MFG: Performance Meter, Inc.
HD Supply Waterworks
»MFG: Neptune
Municipal Water Works Supply, LP
»MFG: Infinity
U.S. Metering and Technology, Inc.
»MFG: Elster/AMCO
$271,859.60
Hersey Meters
(Cleveland, NC)
ACT Pipe and Supply
(Bryan, TX)
HD Supply Waterworks
(College Station, TX)
$290,025.00
U.S. Metering &
Technology, Inc.
(Rockdale, TX)
Municipal Water Works
Supply, LP
(Royse City, TX)
Aqua Metric
(Schertz, TX)
21 7-21
241,361.90$
21
0%
28 - 30 days
Bidder submitted a schedule 35 35
Badger Meter, Inc.
(Milwaukee, WI)
30
0%2%0%0%0%0%
73
May 18, 2009
Consent Agenda Item No. 2L
Change Order No. 6 to the CSU Meeting & Training
Facility Construction Contract
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding Change Order
No. 6 to the construction contract (Contract No. 08-044) with JaCody, Inc. in the amount of
$29,961.76 for the CSU Meeting & Training Facility.
Recommendation(s): Staff recommends approval of Change Order No. 6 to the
JaCody, Inc. contract in the amount of $29,961.76.
Summary: This change order is for the installation of a firewall that would partition the
building into two separate fire areas since the building is not sprinkled. The sprinkler
system was part of the original design but later removed in an attempt to bring the project
closer to budget, and an additional fire hydrant was installed to address fire coverage. The
architect classified the building incorrectly, which impacted the building’s occupancy load.
In order to obtain sufficient capacity for each room’s intended use without a sprinkler
system, the building had to be broken into separate fire areas. This was achieved by
installing 90-minute rated fire doors on the east wing corridor and a 2-hour rated firewall
between the lobby and east wing. Fire rated windows will also be installed in the lobby
tower.
This change order also includes installation of receptacles on the Auditorium tables for data
and power to be plugged in on the table tops of each seat instead of below the table.
Budget & Financial Summary: This change order is a net change of 1.59% of the
original contract amount. Funds in the amount of $2,500,000 are currently budgeted for
this project in the Electric Utility Capital Improvement Projects Fund. Funds in the amount
of $2,522,767.62 have been expended or committed to date. To cover this overage, in
addition to this change order and additional anticipated future final expenses, it is proposed
that $75,000 be transferred from funds budgeted in electric distribution capital. These funds
were budgeted for the Dowling Road substation, but the budget is available due to delays.
The budget for the Dowling Road substation will be included in the FY10 CIP.
Attachments:
1.) Change Order #6
2.) Project Location Map
74
75
76
May 18, 2009
Consent Agenda Item No. 2m
Koppe Bridge Lift Station Design Change Order No. 1
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a change order
to the professional services contract with Mitchell & Morgan, L.L.P. for the Koppe Bridge Lift
Station Project in an amount not to exceed $62,635.00.
Recommendation(s): Staff recommends Council approval of the change order in an
amount not to exceed $62,635.00.
Summary: This project provides for the construction of a lift station and force main
sanitary sewer from the existing Meadow Creek Package Plant to the Castlegate subdivision.
This will allow the Meadow Creek Package Plant to be taken out of service. The initial scope
of services included the design of the force main to the Creek Meadow lift station. Due to
the lack of capacity in the existing force main from Creek Meadow to Castlegate, the need
for additional storage at Creek Meadow, and the lack of outlet capacity at the existing
sanitary sewer manhole at Castlegate, a new force main will be designed from Meadow
Creek to a connection to a different sanitary sewer manhole at Castlegate.
Budget & Financial Summary: Funds in the amount of $400,000 are currently budgeted
for this project in the Wastewater Capital Improvement Projects Fund. Funds in the amount
of $72,482.84 have been expended or committed, leaving a balance of $327,517.16. It is
anticipated; however, that the cost of the construction of the lift station, the length of force
main sewer from Meadow Creek to Creek Meadow, and the additional length of force main
sewer from Creek Meadow to Castlegate will considerably exceed the amount currently
budgeted. The FY10 budget for this project will be proposed at $1,250,000.
Attachments:
1. Change Order No. 1
2. Mitchell & Morgan letter
3. Location Map
77
78
MITCHELL
--~.._---_._.~.-
~'M
MORGAN
20 Api 09
Donald Harmon
City of College Station
Public Works
PO Box 9960
College Station, TX 77842
RE: Change Order to Koppe Bridge Lift Station Proposal
Dear Donald,
As stated in the original proposal for this project (dated 11/20/08)' Mitchell & Morgan agreed to only
submit a change order when a major modification to the original scope was proposed. Based upon the
conclusions drawn from the work performed in the Conceptual Phase of this project we have all agreed
that a major modification is warranted.
Conceptual Phase Conclusions
The research performed as pa rt of the Conceptual Phase points to several areas of change, namely;
• Additional wet well storage at the Creek Meadow (CM) Lift Station as originally discussed would
generate additional maintenance for CoCS utility forces and requires a variance from TCEQ. This
option is the least attractive to CoCS utilities representatives.
• The CM Lift Station firm pumping capacity (0.70 cfs) is currently much less than the predicted
peak flow (2.11 cfs) into the lift station (TCEQ requires firm pumping capacity=peak inflow). To
rectify this situation, avoid any TCEQ variance process, as well as accommodate the increased
flow that will come from the Meadow Creek (Me) Lift Station, two (2) items that were not
originally a nticipated will now need to occur as part of this project:
o A parallel Forcemain will be required because the existing force main from CM to
Castlegate does not have sufficient capacity for the Creek Meadows Subdivision without
a variance, and is therefore not sufficient for the additiona I MC flows. The current CM
pumps and Forcemain were originally sized to discharge only that which the
downstream gravity system could accommodate.
o Because the downstream sanitary sewer gravity system which currently accepts the
discharge from the CM Lift Station is not sized to accept the peak flow from the CM Lift
Station, a new sewer system which will have capacity will need to be designed and
constructed as part of this project.
As a result of these conclusions, the following change order scope of services is submitted.
511 UNIVERSITY DRIVE EAST, SUITE 204 • COLLEGE STATION. TX 77840· T 9792606963· F 9792603564
CIVil ENGINEERING • HYDRAULICS ~ HYDROLOGY. UTILITIES· STRHTS • SITE PLANS • SUBDIVISIONS
rnfo@mitchellandmorgan.com • www.mltchellandmorgan.com 79
Because we need to extend the topo survey, geotechnical investigation, and environmental assessment,
we need to go back into the conceptual phase. I am happy to end the conceptual design with the
completion of those components. I have revised the schedule as shown in Attachment A.1:call me if you need any other changes or wish to discuss this proposal
Joel J. itchell, P.E.
Part er
80
Exhibit A
Change Order Scope of Services
Additional Services
Preliminary Design
As part of the Preliminary Design, Mitchell & Morgan will add the following work product:
o Sanitary Sewer Study
Mitchell & Morgan will perform a Sanitary Sewer Study for the project. This study will
check the capacity of all existing major sanitary sewer lines located within the Castlegate
Subdivision, which will ultimately accept the flow from the CM and MC Lift Stations. All
of these sanitary sewer lines to the 18” sanitary sewer line under SH40 (see attached
graphic) will be included in the study. The available capacity calculations will be based
upon as‐built lengths and slopes obtained from City construction plan records. No on‐
the‐ground survey to verify flow lines and lengths will be performed. The sewer sheds
will be defined as all areas which gravity drain to the new sanitary sewer line as well as
to the CM Lift Station and the MC Lift Stations. All areas which are not currently
developed will be assessed a sanitary sewer flow rate based upon the proposed land use
on the Draft 2009 Comprehensive Plan.
o New Force Main & 12” Gravity Sanitary Sewer Line
Based upon the results of the Sanitary Sewer Study, Mitchell & Morgan will design
improvements necessary to discharge the MC Lift Station to a gravity system.
Preliminary calculations indicate that the existing large gravity sanitary sewer lines
within the Castlegate Subdivision will be adequate to accept this flow. However, a new
6” force main extension and a new 12” gravity sanitary sewer line will be required from
MC lift station along Green’s Prairie Trail and Green’s Prairie Road and along the
western edge of the Castlegate Subdivision to the western end of Victoria Avenue in the
Castlegate Subdivision. Based upon these preliminary calculations, Mitchell & Morgan
will add to the original scope of services, the design of approximately 8,050 linear feet
of 6” & 8” force main and approximately 1,850 linear feet of 12” gravity sanitary sewer
line. Note that the original scope required only 6,500 l.f. of pipe where the revised
scope contains 14,500 l.f. of pipe. If the Sanitary Sewer Study shows any different
results that would require additional sewer design/replacement, we will contact the City
immediately before commencing the design of this 6” force main and 12” gravity
sanitary sewer.
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To complete the design of the force main and sanitary sewer we will need to add
additional survey work for the new line alignment from CM along Greens Prairie Road
Castlegate and along the western boundary of Castlegate to Victoria Avenue. This
survey work will include all topo and boundary as well as preparation of the necessary
easement documents. This scope of services does not include title work for the
easements which would identify encumbrances such as blanket easements or other
easements that may have superior rights. We have assumed that the clearing of
encumbrances on the easement area will be a task performed by the City.
We will also add 8 more soil borings along the new route to gather data to anticipate
any unusual soil conditions that might constitute unforeseen conditions for the
contractor.
We will also prepare an Environmental Assessment (not a Phase I ESA) which will consist
of walking the proposed alignment and identifying any items that would be of concern
to the proposed construction. A letter itemizing the results from this work will be
prepared and submitted to the City.
Deleted/Changed Services
Because of these changes there are several items that will be deleted or changed in the original scope of
services. These are as follows:
• Modifications of Existing Wet Wells
The modifications to the existing wet wells at the CM Lift Station as originally stated will not be
required. We will retain the design of an odor control system at the MC lift station.
• Survey
The original scope required topographic survey for the entire length of the 6,500’ force main
and boundary and easements on a portion of that alignment. The topo survey requirements
must be extended for the additional length of the project and the new easements.
• Soils investigation
The original scope outlined a soils investigation for the 6,500’ force main and bores. The soil
investigation must be extended to cover the additional length of the project.
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• Environmental Assessment
The original scope outlined a Phase I ESA which was incorrect. As discussed an Environmental
Assessment (EA) as previously described was performed for this project. This EA must be
extended to cover the additional length of the project.
• Timeline
The timeline outlined in the original Scope of Services is obviously not applicable any longer
given these changes.
• Construction Testing
Construction testing has been added at a unit rate of $35 per field moisture density test (for an
estimated 300 tests) and $175 per Proctor samples with classification tests (for an estimated 8
tests ).
Phase Days Start Date End Date
Change Order Notice to Proceed 1 24-Apr-09
Conceptual Design 130 20-Jan-09 30-May-09
Preliminary Design 46 30-May-09 15-Jul-09
Final Design 50 29-Jul-09 17-Sep-09
Bidding 28 18-Sep-09 16-Oct-09
Council Approval / Signature 45 17-Oct-09 1-Dec-09
Construction 160 2-Dec-09 11-May-10
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Exhibit B
Payment Terms
Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be
payable by the City pursuant to the schedule listed below and upon completion of the services and
written acceptance by the City.
Schedule of Payment for each phase:
Billing Schedule Original Scope Revised Scope
Conceptual Design Phase $ 29,055.00 $ 68,853.33
Preliminary Design Phase $ 17,105.00 $ 21,648.33
Final Design Phase $ 11,110.00 $ 15,653.33
Construction Phase $ 3,430.00 $ 17,180.00
Total $ 60,700.00 $ 123,335.00
84
85
May 18, 2009
Consent Agenda Item No. 2n
Victoria Avenue Design Contract and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
awarding a professional services contract for the design of the Victoria Avenue Project to
Bleyl & Associates in an amount not to exceed $272,000.00, and approval of a resolution
declaring intention to reimburse certain expenditures with proceeds from debt.
Recommendation(s): Staff recommends Council approval of the resolution and award
of the professional services contract to Bleyl & Associates and recommends approval of the
resolution declaring intention to reimburse certain expenditures with proceeds from debt.
Summary: The Victoria Avenue Project will extend Victoria Avenue from north of the
Southern Plantation intersection south to the intersection of SH 40. A water line will be
extended along Victoria Avenue to SH 40, and a sanitary sewer line section will be cased
under the proposed roadway.
Budget & Financial Summary: This project was approved as part of the 2008 General
Obligation Bond authorization. Funds in the amount of $2,455,000 were approved for the
Streets portion of the project and are projected in the Streets Capital Improvement Projects
Fund. In addition, funds in the amount of $228,375 and $25,556 are projected in the Water
Capital Improvement Projects Fund and Wastewater Capital Improvement Projects Fund,
respectively, for a total project budget of $2,708,931. Appropriations in the amount of
$175,000 have been budgeted in FY09 for the Streets portion of the project. Additional
appropriations in the amount of $125,000 for the Streets portion of the project, $15,000 for
the Water portion of the project and $5,000 for the Wastewater portion of the project will be
included on the next FY09 budget amendment. The “Resolution Declaring Intention to
Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item
because the long term debt has not been issued for the project. This debt is scheduled to be
issued later this fiscal year.
Attachments:
1. Resolution
2. Location Map
3. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
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May 18, 2009
Consent Agenda Item No. 2o
Project Number WF1097967
Well #8 Collection Line Change Order
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a change order to the
Construction Contract 09-024 with Malcolm Pirnie, Inc. in the amount of $13,902, for the
design of the Well 8 Collection Line.
Recommendation(s): Staff recommends approval of the change order.
Summary: Design is 50% complete. Malcolm Pirnie, Inc. was recently informed by the
Texas Historical Commission (THC) that they will need to perform an archaeological survey
for the Well 8 Collection Line project site in accordance with the Antiquities Code of Texas.
The notice by the THC was in response to the inquiry submitted by Malcolm Pirnie, Inc. as
part of their contract for Well 8 Collection Line. The THC determined that the areas
adjacent to the proposed river and stream crossings are likely to contain archaeological
deposits and is requiring a professional archaeologist survey the route prior to any ground
disturbances.
Budget & Financial Summary: Change Order No. 1 will increase the contract amount by
$13,902 for a revised contract total of $287,862. Funds in the amount of $3,600,000 are
currently budgeted for this project in the Water Capital Improvement Projects Fund.
$274,467.64 has been expended or committed to date, leaving a balance of $3,325,532.36.
Attachments:
1.) Change Order
2.) Project Location Map
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May 18, 2009
Consent Agenda Item No. 2p
Change Order #6 for the Memorial Cemetery and
Aggie Field of Honor Construction Contact
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding action to ratify
a change order for Construction Contract 08-116 with Acklam Construction for the
construction of the Memorial Cemetery and the Aggie Field of Honor Project GG-9905 in the
amount of $64,164.02.
Recommendation(s): Staff recommends approval of the change order for $64,164.02 to
Acklam Construction, Inc. on the Memorial Cemetery and the Aggie Field of Honor
Construction Contract.
Summary: The City Council authorized negotiation of a Professional Services Contract to
Jacobs Engineering, Inc. (formally named Edwards and Kelsey at the time) on April 12,
2007. The construction contract for $7,072,579.00 was approved by City Council 04-16-
08. The following change order is for the following: grading and excavation changes to
maintain a minimum of 1% slope, landscape modifications, relocate sink in mechanical room
of the Information Center to meet electrical code, fabricate special framework for niches for
metal ash urns, add service disconnect to transformer, add special matching color caulking
at perimeter of all cast in place concrete letters a Spirit Gate, add five painted bollards at
slab near pond, add special matching color silicone caulking at perimeter floor slab
expansion joints, add outlet for drinking fountain and pour concrete footing edging at
entrance planter.
Budget & Financial Summary: Funds in the amount of $9,930,000 are currently
budgeted for the Memorial Cemetery project in the General Government Capital
Improvement Projects Fund. Funds in the amount of $9,551,510.95 have been expended or
committed to date, leaving a balance of $378,489.05 for this change order and future
unencumbered expenses.
Attachments:
1. Change Order No. 6
2. Location Map
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Ph: (979) 690-8500
Fax: (979) 690-8510
maintain a minimum of 1% slope at the City Memorial Loop, Area East of Spirit Gate
he Walk Path to AFOH Columbarium. It also includes inlet modifications and
L-102, L-103, L-105 and L-106 all dated 3/4/09.
metal ashe urns.
E. Add service disconnect next to transformer per added note no. 7 on electrical plans of Jacobs.
F. Add special matching color caulking at perimeter of all cast in place concrete letters at Spirit Gate per new Spirit Gate Details from Jacobs.
G. Add five each removable painted bollards at slab near pond per revised drawing C-128.
H. Add special matching color silicone caulking at exterior perimeter floor slab expansion joints. Caulking to match grout tile joints.
I. Add outlet for drinking fountain.
J. Excavate, form and pour concrete footing edging at entrance planter as directed and laid out by Parks Deparrtment.
96
ORIGINAL CONTRACT AMOUNT $7,072,579.00
Change Order No. 1 ($3,438.72) -0.05% CHANGE
Change Order No. 2 $86,160.50 1.22% CHANGE
Change Order No. 3 $69,259.47 0.98% CHANGE
Change Order No. 4 $1,230.00 0.02% CHANGE
Change order No. 5 $73,557.30 1.04% CHANGE
Change Order No. 6 $64,164.02 0.91% CHANGE
REVISED CONTRACT AMOUNT $7,363,511.57 4.1 1% TOTAL CHANGE
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May 18, 2009
Consent Agenda Item No. 2q
Brazos Valley Wide Area Communications System FY 09 Budget
To: Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of the
Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 09
and authorizing the City’s quarterly payments of $15,719.52 for an annual total of
$62,878.08.
Recommendation(s): Staff recommends approval.
Summary: On June 26, 2008, Council approved the ILA establishing the BVWACS and the
ILA appointing the Brazos Valley Council of Government (BVCOG) to act as the Managing
Entity for the BVWACS. In accordance with the BVWACS ILA an Operating Budget for FY 09
was adopted by the Governing Board.
The BVWACS Parties are billed quarterly by BVCOG for expenses associated with BVWACS
operations. Three quarterly payments of $15,719.52 have been authorized by the City
Manager, and paid for FY 09. The final quarterly installment for FY 09 will exceed the
$50,000 threshold and will require Council approval.
Budget & Financial Summary: Funding for the entire BVWACS FY 09 Operating Budget
are included in the Information Technology FY 09 Budget.
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Date: May 18, 2009
Consent Agenda Item No. 2r
Item Title: Click It or Ticket/Selective Traffic Enforcement Program Grant
To: Glenn Brown, City Manager
From: Michael Ikner, Chief of Police
Agenda Caption: Presentation, possible action, and discussion regarding a resolution for
the Click It or Ticket Selective Traffic Enforcement Program grant contract for the fiscal year
2009.
Recommendation(s): Approval of a resolution authorizing the City to enter into the Click
It or Ticket Selective Traffic Enforcement Program grant contract for fiscal year 2009.
Summary: The Texas Department of Transportation has made available funds to
compensate police officers, on an overtime basis, to conduct a two week occupant
protection enforcement effort during the Memorial Day Holiday period of May 18, 2009
through May 31, 2009.
The grant’s objectives are to increase safety belt use among drivers, front seat passengers
and child passengers during the Memorial Day Holiday period within the City of College
Station.
Budget & Financial Summary: The City of College Station has been approved for $7,790
for this two week period. These are federal funds that are administrated by the Texas
Department of Transportation with 100% of all expenses, for this project, being reimbursed
to the City.
Attachments:
1. Authorization Letter
2. Grant Agreement
3. City’s Compensation Policy
4. City’s Seat Belt Policy
5. Fringe Benefits Costs Breakdown
6. Resolution
*The entire packet is located in the City Secretary’s Office and is available for
review if needed.
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May 18, 2009
Consent Agenda Item No. 2s
Dissolution of Northgate Tax Increment Reinvestment Zone #16
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding an ordinance
repealing and terminating the Northgate Tax Increment Reinvestment Zone (TIRZ #16).
Recommendation(s): Staff recommends dissolution of the Northgate TIRZ.
Summary: On February 26, 2009, City Council gave direction to draft an ordinance that
would repeal and terminate Tax Increment Reinvestment Zone #16. This reinvestment
zone was originally established by Ordinance #2907 for the purpose of funding a
hotel/convention center in the Northgate District.
At Council’s direction staff has prepared an ordinance which provides for the following:
· Repeals TIRZ #16
· Dissolves the Tax Increment Fund and reallocates the balance back to the City of
College Station General Fund
· Dissolves the TIRZ #16 Board of Directors
If approved, staff will notify the appropriate individuals and entities.
Budget & Financial Summary: Upon approval, the $53,837.13 collected thus far by the
Northgate TIRZ will be allocated back to the City’s General Fund.
Attachments:
1) Ordinance Repealing Ordinance #2907
2) Location Map
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Attachment #3 – Northgate Tax Increment Reinvestment Zone #16
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104
May 18, 2009
Consent Agenda Item No. 2t
Authorization to Disburse Grant Funding to Reynolds and Reynolds, Inc.
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion authorizing the
payment of Retention and Expansion and Payroll Grants in a total amount of $45,000
to Reynolds and Reynolds, Inc.
Recommendation(s): In fulfillment of the City’s contractual obligation, staff
recommends approval of a $45,000 payment to Reynolds and Reynolds, Inc. for
performance in 2008.
Summary: On, December 14, 2006 the City Council unanimously approved an
Economic Development Agreement with Reynolds and Reynolds, Inc. to provide
Retention and Expansion and Payroll Grants for economic performance at their 200
Quality Circle campus in the Business Center at College Station. The term of this
agreement is ten (10) years and the total maximum amount of all applicable grants
is $550,000. This payment represents the second annual disbursement; Reynolds
and Reynolds received $45,000 in grant allocation in 2008.
The Retention and Expansion component of the existing Agreement requires
Reynolds and Reynolds to maintain real and personal property of at least $24 million
and maintain an annual payroll of $18 million. As a performance incentive, the
Agreement provides for Reynolds and Reynolds to receive a Retention and Expansion
Grant in an amount of $30,000 and a Payroll Grant of $5,000 for each $1 million
increment in additional payroll over the $18 million base.
Based on the Statement of Compliance as recently submitted by Reynolds and
Reynolds to the Research Valley Partnership and the City, the company has
established real and personal property valuation in an amount of $38,735,026 and,
as such, is eligible for a Retention and Expansion Grant of $30,000. Further the
company currently maintains a payroll of $21,325,577 and, as such, is eligible for a
combined Payroll Grant of $15,000.
Budget & Financial Summary: Funding in the amount of $45,000 is budgeted and
available in the City’s Economic Development Fund.
Attachments:
Statement of Compliance – Reynolds & Reynolds, Inc. - 2008
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April 24, 2009
Mayor Ben White
ity of College Station
Post Office Box 9960
College Station, Texas 77842 I
PIE: 2008 Economic Development Agreement Performance
Dear Mayor Ben White:
In accordance with Ai-ticle IV §(I), (2), (3) of the Econoinic Development Agreeineilt
(the "Agreement"), dated March 15, 2007 between the City of College Station, Brazos
County, Research Valley Partnership and Reynolds & Reynolds Coinpany, Inc. (the
"Coinpany"), please accept this letter and its related attachments as certificatioil of our
2008 performance and an official request for payment in that regard.
Per the attached docuinentation as provided by Mr. William W. Matteson, CPA and our
Director of Tax and Financial Reporting, Reynolds & Reynolds Compaily realized and
currently maintains a Real Property value of $18,327,380 and Personal Property
valuation of $20,407,646 at its 200 Quality Circle, College Station, Texas location. In
accordance with the provisions of the Agreement, the Company requests payment of a
Retention and Expansion Grant, in the amount of $30,000.
Further, per the attached docuinentatioil as provided by Mr. William W. Matteson, our
CPA and our Director of Tax and Financial Reporting, Reynolds & Reynolds Coinpany
currently maintains an annual Payroll of $21,325,577 at its 200 Quality Circle, College
Station, Texas location. In accordance with the provisions of the Agreement, the
Company also requests reinittance of Payroll Grants in a cun~ulative anlount of $15,000.
I, the undersigned, being a11 authorized representative of Reynolds & Reynolds Company,
do hereby certify that the above stated amounts are correct; and that Reynolds &
Reynolds Coinpany is in full compliance with all terms of the aforementioned Agreement
and, as such, eligible for a 2008 payment of $45,000 from the City of College Station,
Texas.
200 Quality Circle Dr.
College Station, Texas 77845-44-68
979.595.2600
fax 979.595.2624
www.reyrey.com
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County of Brazos,
State of Texas ,
above stitement in my presence on
RECEIVED AND REVIEWED
signed the
- Seal:
I, the undersigned, being an authorized representative of the Research Valley Pai-tnership,
do hereby certify that the above statements and related attachments have been reviewed
and are correct; and that Reynolds & Reynolds Company is in full compliance with all
terns of the aforementioned Agreement and, as such, eligible for a 2008, payment of
$45,000 from the City of College Station, Texas.
County of Brazos,
3
that bk , signed the
20089
Seal:
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May 18, 2009
Consent Agenda Item No. 2u
A Resolution Approving an Advanced Funding Agreement with the Texas
Department of Transportation for the State Highway 30 Widening Project
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on a termination
amendment to an existing Advanced Funding Agreement (AFA) with the Texas Department
of Transportation for the State Highway 30 Widening Project , and a Resolution of the City
Council of College Station, Texas, approving a new Advance Funding Agreement with the
Texas Department of Transportation (TxDOT) and the City of Bryan, to design and construct
additional lanes on State Highway 30 from 4.20 miles west of F.M. 244 to 4.63 miles west of
F.M. 244 and adjacent to the BVSWMA Twin Oaks Landfill site for the purpose of providing
safe ingress and egress from said facility in an amount not to exceed $656,750.
Recommendation(s): Staff recommends approval of the termination amendment and
Resolution in the amount of $656,750.
Summary: In order to issue a driveway permit for the Twin Oaks Landfill, the Texas
Department of Transportation (TxDOT) is requiring BVSWMA to design and construct
improvements on State Highway 30 in order to ensure safe vehicle ingress and egress to
the facility. Improvements will consist of 3330 feet or 0.63 miles of deceleration and
acceleration lanes, signage, and related infrastructure. BVSWMA’s participation rate will be
at 100%, and no right-of-way acquisition or utility relocation will be required for this
project. TxDOT has waived direct state costs such as plan review, inspection, and
construction oversight expenses related to this project.
In May 2008, the College Station City Council approved a TXDOT AFA for the State Highway
30 Widening Project, however due to the BVSWMA litigation, all contracts over $50,000
must be now be approved by both College Station and Bryan City Councils. This action will
terminate the existing AFA and approve a new agreement that will include the City of Bryan.
This item will also require the approval of the Bryan City Council.
Budget & Financial Summary: Funding for this Advance Funding Agreement in the
amount of $656,750 is available in the BVSWMA Capital Improvements Fund.
Attachments:
1. Advance Funding Agreement Termination Amendment
2. Resolution
3. Advance Funding Agreement
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112
113
114
115
116
117
118
119
120
121
122
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May 18, 2009
Consent Agenda Item No. 2v
1124 Carolina Street Rejection of Bids
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding rejection of the bid
received in response to RFP #09-36 for the sale of City property at 1124 Carolina
Recommendation(s): Staff recommends rejection of the currently held bid for 1124 Carolina
Street.
Summary: On February 3, 2008 staff released a Request for Bid for the sale of City property
located at 1124 Carolina, College Station to individuals, households, or families at or below 80% of
the area median income.
Staff evaluated the bid submitted as of the February 23, 2009 deadline and it failed to accomplish
the principal requirement of selling this property to an individual, household, or family at or below
80% of the area median income. This requirement is mandated by the U.S. Department of
Housing and Urban Development regulations.
Staff, therefore, recommends rejection of the currently held bid for sale of City property located at
1124 Carolina Street.
Budget & Financial Summary: The subject property at 1124 Carolina was constructed in 2007
utilizing HOME Investment Partnership Program grant funds in the amount of $81,815.00. The
minimum bid specified in ITB #09-36 was $99,300.00. The sole bid received was $103,500.00.
Recaptured funds from the future sale of 1124 Carolina will be utilized for further affordable
housing activities in the City of College Station.
Attachments: No attachments
127
May 18, 2009
Consent Agenda Item No. 2w
Resolution authorizing the City Council to order a municipal runoff election to be
held on June 13, 2009 and providing for Notice of Election
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion of approval of a
resolution authorizing the City Council to order a municipal runoff election to be held on
June 13, 2009 for the purpose of electing a councilmember to City Council Place 4, and
providing for the Mayor to sign the notice of election designating the hours and polling
place locations
Recommendation: Staff recommends approval.
Summary: The City Charter requires a runoff election if no candidate for a particular
office receives more than 50 percent of the votes cast for the office. City Council at its
February 26th regular meeting authorized the date of June 13th for a runoff election.
The runoff election will include two early voting locations and seven Election Day
locations.
Early Voting: City Hall Council Chambers and CSISD Administration Building
June 1-5, 2009, 8:00 am – 5:00 pm
June 8-9, 7:00 am – 7:00 pm
Election Day Polling Locations:
City Hall: Precincts 10A, 10B, 24, 34
College Station Conference Center: Precincts 9, 20, 21
A&M Consolidated High School: Precincts. 2C, 8, 31, 32, 35A, 35B
Lincoln Center: Precincts 33, 64, 72, 74
Aldersgate Methodist Church: Precinct 40
Pebble Creek Elementary: Precincts 41, 68
Rock Prairie Elementary: Precincts 2B, 39, 80
Budget & Financial Summary: The estimated cost of the runoff election is
approximately $30,000. Funds are available in the General Fund contingency account to
cover these expenditures.
Attachments:
Resolution
Notice of Election
128
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ClTY COUNCILTO ORDER A MUNICIPAL RUNOFF ELECTION TO BE HELD ON JUNE 13,
2009, FOR THE PLIRPOSE OF ELECTING ONE ClTY COUNCILMEMBER TO PLACE 4 BY THE QUALIFIED VOTERS OF THE ClTY
OF COLLEGE STATION; DESIGNATING ELECTION PRECINCTS; APPOINTING ELECTION OFFICIALS; ESTABLISHING PAY
RATES FOR ELECTION WORKERS; PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR THE USE OF VOTING
IVIACHINES; PROVlDllVG FOR EARLY VOTING; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council is authorized to order a runoff election to be held on the 13~~ day of June, 2009, for the
purpose of electing a City of College Station Councilmember for Place 4 by the qualified voters of the City of College
Station; now, therefore,
BE IT RESOLVED BY THE ClTY OF COUNCIL OF THE ClTY OF COLLEGE STATION, TEXAS:
PART 1: That the polls for said election shall be open from 7:00 am until 7:00 pm.
PART 2: That the City Secretary is expressly authorized to obtain election supplies and equipment required by
law and necessary to conduct said election.
PART 3: That the Office of the City Secretary shall perform all duties normally performed by the County Clerk in
general elections with respect to early voting, giving notice of the election, and preparing the official
ballots.
PART 4: That the election precincts, voting places, and election officers of said election shall be as follows:
Polling Location City Precincts consisting of Countv Voting Precincts Election Officers
College Station Conference Center 9, 20,21
1300 George Bush Drive
College Station City Hall
1101 Texas Avenue
A&M Consolidated High School 2C, 8, 31, 32, 35A, 35B
1801 Harvey Mitchell Parkway S
Lincoln Center
1000 Eleanor
Aldersgate Methodist Church 40
2201 Earl Rudder Freeway South
Pebble Creek Elementary 41,68
200 Parkview Drive ,-I CC~ 3
< \:Q{+'.
Rock Prairie Elementary. 28, 39,80
3400 \Ilelsh Avenue
Terri Stewart, Judge
Joe Callaway, Alternate
Steve Milam, Judge
Doris Milam, Alternate
Jean McDermott, Judge
Janet Ray, Alternate
Andre Mae Steen, Judge
Anne Steen, Alternate
Jean Hall, Judge
Bill Donaldson, Alternate
Dixie Tracy, Judge
Vincente Gonzales, Alternate
Gene Charleton, Judge
Maggie Charleton, Alternate
PART 5: In addition to the presiding judge and alternate judge for each precinct herein above designated, the
respective presiding judge for each precinct and the Early Ballot Board as herein provided, shall be
authorized to appoint a sufficient number of clerks as they may deem necessary to assist then in said
election, provided, however, that the number of clerks appointed by said presiding judge for each
polling place shall not be less than two, including the alternate judge also serving as a clerk.
129
Resolution No. Page 2
PART 6:
PART 7:
PART 8:
PART 9:
PART 10:
PART 11:
PART 12:
PART 13:
PART 14:
That the judges and clerks shall be compensated at the rate of nine dollars ($9.00) per hour. The judge
who delivers the returns of the election shall be paid an additional twenty-five ($25.00) provided he/she
returns unused ballots, election supplies, and ballot boxes when he/she makes delivery of the returns of
the election.
Direct recording election voting devices shall be used for voting at the foregoing election precincts and
electronic county devices and equipment shall be used for counting the ballots t said election. Optical
scan balloting materials shall be used for mail balloting.
Early voting shall be conducted by the Office of the City Secretary in the City Hall Council Chambers,
1101 Texas Avenue, College Station, Texas, and in the College Station School District Administration
building, 1812 Welsh. Early voting by personal appearance for the runoff election shall commence on
June 1,2009 at 8:00 am and end at 7:00 pm on Tuesday, June 9,2009. No voting will be held on
Saturday, June 6 and Sunday, June 7.
An Early Ballot Board is hereby designated to canvass the early votes cast by mail and by personal
appearance. Kay Parker is duly appointed as Presiding Judge of said Board, and she shall appoint such
other members as provided in the Texas Election Code, Section 87.002(b).
The Council Chambers located in the College Station City Hall is hereby established as the Central
Counting Station to receive and tabulate votes and ballots cast in said election.
The following persons are hereby authorized and approved as persons employed and designated to
handle the ballots, operating the tabulating equipment, count the ballots, and be present in the Central
Counting Station:
a. Presiding Judge - Kay Parker
b. City Secretary - Connie Hooks
c. Tabulation Supervisor -Tracy Price and Kerry Mullins
d. Clerks named by Presiding Judge
e. Consultant for Texas Voting Systems, Inc. and/or Hart lntercivic
A committee is hereby established of the following persons to hold three computer accuracy tests. The
first test shall be conducted at least 48 hours before the count of voted ballots. The second test shall be
conducted immediately prior to the start and the third test immediately subsequent to the count of
voted ballots to ascertain that the computer will accurately count the votes cast for the offices to be
voted upon in said election:
a. Kay Parker
b. Tracy Price
c. Kerry Mullins
d. Connie Hooks
e. Consultant for Texas Voting Systems, Inc., and/or Hart lntercivic
All resident, qualified voters of the City of College Station shall be permitted to vote for City
Councilmember Place 4.
The City Manager or his designee is hereby authorized to negotiate and execute an election services
contract with Texas Voting Systems for services in connection with the City of College Station runoff
election. In addition, the City Manager or his designee is hereby authorized to negotiate and execute a
contract with Brazos County for the purpose of leasing necessary equipment to conduct this election.
130
Resolution No. Page 3
PART 15: In accordance with Section 123.001 of the Texas Election Code, the Hart lntercivic Direct Recording
Electronic Voting System, Optical Scan Voting System and Electronic Management System for Brazos
County, Texas and certified by the Secretary of State on January 3,2002, and subsequent certifications
each year, and identified as eSlate is hereby adopted for the runoff election.
PART 16: The runoff election shall be held in accordance with the requirements for bilingual elections as set forth
in the Voting Rights Act amendments for 1975 (42USC 1973aa-la) and in Section 272.001 of the Election
Code. All election forms and materials shall be printed in both English and Spanish, and bilingual oral
assistance shall be made available within the requirements of the law.
PART 17: The Mayor of the City of College Station is hereby authorized to sign an official NOTICE OF RUNOFF
ELECTION listing the precincts and polling place locations for this election. A copy of the NOTICE OF
RUNOFF ELECTION, when published in a newspaper of general circulation in English and Spanish, shall
serve as proper notice of the City's election.
PART 18: That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED this 18fhday of May, 2009,
APPROVED:
City Secretary Mayor
131
NOTICE OF RUNOFF ELECTION
TO THE REGISTERED VOTERS OF THE CITY OF COLLEGE STATION, TEXAS.
Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m.
on Saturday, June 13, 2009 for voting in a runoff election to elect a College Station City
Councilmember Place 4.
LOCATION OF POLLING PLACES:
City/County Precincts Polling Locations
10A, 10B, 24, 34 College Station City Hall
1101 Texas Avenue
2C, 31, 32, 35A, 35B A&M Consolidated High School
1801 Harvey Mitchell Parkway
2B, 39, 80 Rock Prairie Elementary
3400 Welsh Avenue
40 Aldersgate Methodist Church
2201 Earl Rudder Freeway S
41, 68 Pebble Creek Elementary School
200 Parkview
9, 20, 21 College Station Conference Center
1300 George Bush Drive
33, 64, 72, 74 Lincoln Center
1000 Eleanor
Early Voting shall be conducted by personal appearance and by mail. The period for early voting by
personal appearance shall commence on Monday, June 1, 2009 and conclude on June 9, 2009.
Optical scan ballots shall be used for early voting by mail and direct recording electronic voting
machines shall be used for early voting by personal appearance.
The Early Voting Clerk for said election shall be the City Secretary. She shall determine the number
of election workers to hire and their assignments at the early voting polling locations.
The early voting polling place by personal appearance shall be at the City Hall Council Chambers,
1101 Texas Avenue, College Station, Texas and College Station Independent School District
Building, 1812 Welsh, College Station, Texas.
132
8:00 am to 5:00 pm June 1-5, 2009
7:00 am to 7:00 pm June 8-9, 2009
Applications for ballot by mail shall be received no later than 5:00 pm on June 5, 2009 in the office in
the office of: Connie Hooks, Early Voting Clerk, P.O. Box 9960, College Station, Texas 77842
979-764-3541 chooks@cstx.gov.
PASSED AND APPROVED this 18th day of May, 2009.
ATTEST: APPROVED:
_____________________________ _______________________________
City Secretary Mayor
O:group/council/election09/notice of runoff election.doc
133
May 18, 2009
Regular Agenda Item No. 1
2429 Earl Rudder Freeway South Comprehensive Plan Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending the Comprehensive Land Use Plan from Single-Family Residential,
Medium Density and Floodplain to Planned Development for 14.27 acres located at 2429
Earl Rudder Freeway South north of the intersection of State Highway 6 Frontage Road and
Raintree Drive.
Recommendation(s): The Planning and Zoning Commission unanimously
recommended denial. Staff also recommended denial.
Summary:
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: The subject
property was designated as Mixed Use and Floodplain and Streams in the original 1997
Comprehensive Plan. The Comprehensive Plan defines Mixed Use as:
Areas which encourage mixing of compatible land uses such as retail/commercial,
office, parks, multifamily, and attached single-family. These uses are developed
together in a manner that allows interaction between the uses and that allows each
use to support the other uses. The residential uses provide the patrons for the office
and commercial uses. The layout of these land uses must take into consideration
pedestrian linkages, landscape buffers between the uses, shared site improvements
and vehicular circulation. The success of these mixed uses areas is directly related to
the sensitive master planning of the site layout.
The East Bypass Small Area Action Plan retained the Mixed Use designation but
recommended that Planned Development districts (PDD) be used in areas shown as
Mixed Use to help mitigate the development impacts on surrounding properties. In 2003,
the Mixed-Use Opportunity Study was adopted which removed Mixed Use from the Land
Use Plan. The Study changed the designation from Mixed Use to Single-Family
Residential, Medium Density on a portion of the subject tract and retained the Floodplain
and Streams designation on the remainder. The Single-Family designation was selected
as the most appropriate land use for this area based on the findings of the East Bypass
Small Area Action Plan.
The proposed update to the Comprehensive Plan designates the property as Suburban
Commercial and Natural Areas - Reserved. The Suburban Commercial designation is for
commercial activity that caters primarily to nearby residents versus the larger
community or region. Designated areas are generally small in size and adjacent to major
roads. Design of structures in these areas are intended to be compatible in size, roof
type and pitch, architecture, and lot coverage with the surrounding single-family uses.
The proposed Natural Areas - Reserved designation is intended for areas that represent
a constraint to development and that should be preserved for their natural funtion or
open space qualities. These areas include floodplains and riparian buffers, as well as
recreation facilities, in some instances.
134
The requested change to Planned Development for a mix of hotel, condominiums,
restaurant, and office use would be most compatible with the Urban or Urban Mixed Use
designations in the proposed Comprehensive Plan update - not the proposed Suburban
Commercial. Planned Development is not proposed as a land use designation the new
Comprehensive Plan.
Although there has been change to the designation on this property three times since
the adoption of the 1997 Plan, the surrounding areas have developed in accordance with
the Plan. There are no changed conditions since the most recent 2003 amendment to
warrant a change to the land use plan.
2. Compatibility with the remainder of the Comprehensive Plan: The property is
situated between floodplain in Wolf Pen Creek (designated a Priority 5 suburban
greenway in the Greenways Master Plan) and the Raintree Subdivision. The City has
attempted to purchase a portion of this property in the past year in order to preserve
the floodplain on this tract. In addition to the protection and preservation of open space,
the greenway also serves as a buffer over 600 feet in width between existing retail and
residential land uses. Placing regional-oriented commercial, like a hotel, and its
associated traffic adjacent to residential uses is contrary to the adopted policies in the
Comprehensive Plan to protect, preserve, and enhance existing and future
neighborhoods by minimizing intrusive and incompatible land uses and densities.
The property has frontage on State Highway 6 lending itself towards non-residential
uses. However, given its adjacency to an established single-family neighborhood, office
or neighborhood retail would be more appropriate along this portion of the highway
frontage. There are also concerns from the neighborhood about additional commercial
traffic along the frontage road, and access from Appomattox Drive. Subdivision
regulation requirements will require that Appomattox be extended unless waivers are
granted through the platting process.
Budget & Financial Summary: N/A
Attachments:
1. Draft Planning and Zoning Commission Meeting Minutes, April 16, 2009
2. Ordinance
135
DRAFT MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 16, 2009,
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: John Nichols, Paul Greer, Doug Slack, Winnie Garner, and
Hugh Stearns
COMMISSIONERS ABSENT: Thomas Woodfin & Noel Bauman
CITY COUNCIL MEMBERS PRESENT: Dennis Maloney
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Matt Robinson
and Matthew Hilgemeier, Assistant City Engineer Josh Norton, Senior Assistant City Engineer
Carol Cotter, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra,
Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Director Lance
Simms, First Assistant City Attorney Carla Robinson, Action Center Representative Kerry
Mullins, and Staff Assistant Brittany Caldwell
8. Public hearing, presentation, possible action, and discussion on a Comprehensive Plan
Amendment from Single Family Residential, Medium Density and Floodplain and
Streams to Planned Development for 14.27 acres located at 2429 Earl Rudder Freeway
South generally located north of Raintree Drive. Case #09-00500064 (LK)
Commissioner Garner recused herself.
Jennifer Prochazka, Senior Planner, presented the Comprehensive Plan Amendment and
recommended denial.
There was general discussion regarding the Comprehensive Plan Amendment.
Commissioner Stearns expressed concern about traffic.
Chairman Nichols opened the public hearing.
Jane Kee, 511 University Drive, stated that a Planned Development District would
protect the neighborhood.
Alton Ofczarzak, 4816 Close Quarters, stated that the plan was suitable for the area and
neighborhood and the goal was to protect the neighborhood.
136
Sorell Boyd, 7704 Sherman Court, College Station, Texas; Henry Wittner, Raintree HOA
Representative; John and Sherry Ellison, 2705 Brookway, College Station, Texas; John
Tilton, 7705 Sherman Court, College Station, Texas. Some of the concerns of the
citizens were the traffic and the inappropriateness of a large hotel and restaurant by the
neighborhood.
Chairman Nichols closed the public hearing.
Commissioner Stearns stated that a hotel of the size they are proposing is not appropriate
because of its proximity to the neighborhood.
Commissioner Stearns motioned to recommend denial. Commissioner Greer
seconded the motion, motion passed (4-0).
137
138
139
140
May 18, 2009
Regular Agenda Item No. 2
5400 St. Andrews Dr. Pebble Creek Ph. 9I - Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
an amendment of Chapter 12, Unified Development Ordinance, Section 4.2, Official Zoning
Map, of the Code of Ordinances of the City of College Station, Texas by rezoning 3.38 acres
from A-O, Agricultural-Open, to R-1, Single-Family Residential at 5400 St. Andrews Drive
and more generally located in the Pebble Creek Subdivision.
Recommendation(s): The Planning and Zoning Commission recommended approval
of the amendment by a vote of 5 to 0 at their April 16th, meeting.
Summary:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Land Use Plan calls
for the majority of the subject property to be Single-Family Residential, Medium Density.
This land use designation is considered appropriate for the proposed request of R-1,
Single-Family Residential. However, a portion of the property is classified as Floodplains
and Streams on the Land Use Plan, and as such the existing zoning designation of A-O,
Agricultural Open is appropriate. The Land Use Plan calls for the limited development of
specific floodplains to allow for connections between selected parks, recreation areas
and residential areas by a system of linear parkways or greenways. In general, the
floodplains are proposed to be linked together by open space connections as part of the
open space system. This includes a greenway trail proposed along that tributary of Alum
Creek. In addition, the intent of the Land Use Plan is to provide for development that
maintains the environmental and natural qualities of College Station, while being
sensitive to floodplains and treed areas. As such, the creation of a dense, non-rural
residential development in a flood-prone area would not be consistent with the Land Use
Plan.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The proposed request would be a
continuation of the Pebble Creek Subdivision to the north, that is currently zoned and
developed for single-family residences. Adjacent property to the south is zoned A-O,
Agricultural Open and is currently undeveloped with a portion of floodplain that runs
through the property. The proposed rezoning would be considered compatible to the
adjacent land uses. While the M-1, Light Industrial zoning district to the west is not
directly adjacent to the majority of the subject property, the floodplain that runs through
and between the two properties could serve as a buffer area. Currently, that portion of
the M-1 property is undeveloped.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
Comprehensive Land Use Plan calls for a majority of the subject property to be utilized
as Single-Family Residential, Medium Density. As such, a rezoning to R-1, Single-Family
141
Residential would be considered appropriate. However, a portion of the property lies
within the floodplain and the existing A-O, Agricultural Open zoning designation is
appropriate.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
subject property’s current zoning limits the potential for development to agricultural,
low-intensity residential, or open space uses. A portion of the subject property lies
within floodplain limits and as such is not considered suitable for medium density single-
family development. The A-O, Agricultural Open designation would be appropriate for
the portion of the property located within the floodplain.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The applicant is seeking to enhance the marketability of the property through the
proposed zone change. The applicant intends to market the property for single-family
residences. Flood insurance will be required by most lenders for tracts that have FEMA-
designated floodplain within their property lines.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There are existing water
and sewer mains to serve this property. Birkdale Drive extends the through the eastern
edge of the property and is classified as a minor collector on the Thoroughfare Plan.
Birkdale Drive is required for platting. The subject tract is located in the Alum Creek
Drainage Basin. There is FEMA regulated Special Flood Hazard Area located on a portion
of this tract. Development of this tract will be required to meet the City’s Storm Water
Design Guidelines.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial
3. Draft Planning and Zoning Commission Meeting Minutes, April 16, 2009
4. Ordinance
142
NOTIFICATIONS
Advertised Commission Hearing Date: April16, 2009
Advertised Council Hearing Dates: May 18, 2009
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Pebble Creek HOA
Pebble Creek Gardens HOA
Pebble Creek Patio HOA
Property owner notices mailed: 6
Contacts in support: None at time of staff report
Contacts in opposition: None at time of staff report
Inquiry contacts: 0
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Single-Family
Residential, Medium
Density
R-1, Single-Family
Residential
Vacant, Single-family
residences
South Floodplains & Streams,
Industrial R&D A-O, Agricultural Open Undeveloped, floodplain
East
Floodplains & Streams,
Single-Family
Residential Medium
Density
A-O, Agricultural Open Undeveloped, floodplain
West
Single-Family
Residential, Medium
Density, Floodplains &
Streams, Industrial R&D
R-1, Single-Family
Residential, M-1, Light
Industrial
Single-family
residences,
undeveloped
DEVELOPMENT HISTORY
Annexation: 1994
Zoning: A-O, Agricultural Open at time of Annexation
Final Plat: Unplatted
Site development: Undeveloped
143
144
MINUTES
PLANNING AND ZONING C OMMISSION
Regular Meeting
Thursday, April 16, 2009,
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: John Nichols, Paul Greer, Doug Slack, Winnie Garner, and
Hugh Stearns
COMMISSIONERS ABSENT: Thomas Woodfin & Noel Bauman
CITY COUNCIL MEMBERS PRESENT: Dennis Maloney
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Matt Robinson
and Matthew Hilgemeier, Assistant City Engineer Josh Norton, Senior Assistant City Engineer
Carol Cotter, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra,
Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Director Lance
Simms, 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 7:00 p.m.
Regular Agenda
2. Public hearing, presentation, possible action, and discussion regarding a Rezoning of 3.38
acres from A-O, Agricultural-Open, to R-1, Single-Family Residential at 5400 St.
Andrews Drive and more generally located in the Pebble Creek Subdivision. Case #09-
00500047 (MR)
Matt Robinson, Staff Planner, presented the Rezoning and recommended approval to
change a portion of the property to R-1, Single-Family Residential, but recommended
denial of the request to change the portion that is designated as being within the
floodplain limits.
There was general discussion regarding the floodplain.
Chairman Nichols opened the public hearing.
145
Davis Young, 4500 Pebble Creek Parkway, stated that he wanted straight lot lines and
also said that he would be unable to plat the property unless it was all zoned R-1, Single-
Family Residential. He said that he does not want paths or sidewalks directly behind the
lots if the floodplain is not rezoned.
Chairman Nichols closed the public hearing.
Commissioner Garner asked what the regulations were in the floodplain.
Carol Cotter, Senior Assistant City Engineer, stated that you cannot impede flow with a
fence, etc.
Commissioner Garner motioned to approve the rezoning as requested by the
applicant. Commissioner Slack seconded the motion, motion passed (5-0).
3. Adjourn.
Commissioner Stearns motioned to adjourn the meeting. Commissioner Greer
seconded the motion, motioned passed (5-0).
Meeting adjourned at 9:15 p.m.
146
147
148
149
150
151
May 18, 2009
Regular Agenda Item No. 3
Sign Ordinance Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding an amendment to Chapter 12, the Unified Development Ordinance,
Section 7.4.E "Exempt Signs," Section 7.4.X "Signs for Permitted Non-residential
Uses in Residential or Agricultural Districts" and Section 11.2 "Defined Terms" of
the Code of Ordinances.
Recommendation(s): The Planning and Zoning Commission heard this item at
their April 16, 2009 meeting and recommended approval of the ordinance
amendment. Staff also recommends approval.
Summary: Staff is aware that there are numerous un-permitted signs being posted
to advertise real estate events such as open houses, the Parade of Homes tour, and
recreational home tours within the City. This item is an amendment to several
sections of the Unified Development Ordinance to provide a legal process for these
types of signs to follow. In addition, staff is proposing language to allow attached
signage for government facilities in certain locations.
The proposed changes include the following:
§ Section 7.4.E Exempt Signs, is proposed to be amended to provide a
regulatory process for real-estate event signs. The amendment includes
language relating time limitations, sign removal, signage in the right-of-way,
and permitting.
§ Section 7.4.X Signs for Permitted Non-residential Uses in Residential or
Agricultural Districts, currently allows for the use of low profile signs.
However, staff is proposing that government facilities in such zoning districts
be allowed to utilize attached signage as well.
§ Section 11.2 Defined Terms, is proposed to be amended to include a
definition for “Home Tour Events.”
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
152
153
154
155
156
May 18, 2009
Regular Agenda Item No. 4
Recommendation for Region G Water Planning Group Vacancy
To: Glenn Brown, City Manager
From: Dave Coleman, Director of Water Services Department
Agenda Caption: Presentation, possible action, and discussion for a resolution to
recommend Dave Coleman, Water Services Department Director, to fill a vacant Municipal
representative position as a voting member on the Region G Water Planning Group.
Recommendation: Staff recommends Council approve this resolution.
Summary: The Brazos G Group is one of 16 regional water planning groups covering the
State which are charged with developing regional water plans under Senate Bill 1, passed
by the Texas Legislature in 1997. The Region G Group has been working since 1998 to
develop a comprehensive regional water plan for its 37-County planning area, which
extends generally along the Brazos river from Kent, Stonewall and Knox Counties in the
northwest to Washington and Lee Counties in the southeast.
The regional water plans provide for the orderly development, management, and
conservation of water resources, and include drought preparation and response. The goal of
the planning process is to assure that sufficient water will be available at a reasonable cost
to ensure public safety and welfare, further economic development and protect agricultural
and natural resources. The water plans identify current water supplies and future estimates
of water demands. In cases where future demands are greater than existing supply
sources, strategies are evaluated and recommended to meet the identified needs.
The Region G Board is comprised of representatives from a variety of interest groups,
including municipalities, agriculture, small businesses, Counties, Water Districts,
Environmental, Groundwater Conservation Districts, Industries, the public, River Authorities,
electric generating utilities, and water utilities. There are four positions for municipal
representatives, and as announced in their press release, 2 of those are vacant.
Staff recommends approval of this resolution, to support Mr. Coleman’s nomination
package, so that the vital water needs of our area will have adequate representation. If
Council approves, staff will seek support from the cities of Bryan and Navasota. Also,
please note that the Municipal representatives on Region G are typically City employees,
which does not present a problem with “conflicts of interest.”
Budget & Financial Summary: No budget impacts.
Attachments:
Region G Press Release
Resolution
157
G
WATER PLANNING GROUP
VOTING MEMBERS
Dale Spurgin. Chair
Scott Diermann. Vice-C
Phillip J. Ford.
Secretaryi I'rcasurer
Charles Bcseda
Jon I I. Burrows
Tom Clarh
Alva Cox
'Tim I'ambrough
Terry Kclley
Mike McGuire
Gary Ncwman
Tommy 0. O'Brlcn
Gail Peek
Sheril Slnilh
Wiley Slcrn Ill
Mikc Suthcrland
Randy Waclawc~yk
Kathleen J. Webster
Waync Wilson
COUNTIES
13clI
Rosqrle
Brazos
Burlcson
Callahan
Comanche
Coryell
Eastland
I?rath
Falls
Fisher
Grilncs
I lamilton
I laskell
Idill
Hood
Johnson
Jones
Kent
Knox
1,ampasas
1,ce
1,imcstone
Mcl,cnnan
Mil am
Nolan
Palo Pinto
Robertson
Shackelford
Somervcll
Stephens
Stonewall
Taylor
'Shrockmorton
Washington
Williamson
Young
April 17, 2009
City of College Station Mayor
BRAZOS RIVER AU I'IIORlPY. Administrative Agent
P.O. BOY 7555 u Waco. 'Texas 76714-7555
(254) 761-3 100 v Fa>, (254) 761-3204
P. 0. Box 9960
College Station, Texas 77842
Dear Mayor:
Please find enclosed a notice and application for three (3) Brazos G
Regional Water Planning Group voting-member positions. The voting-
member positions available include two (2) that will represent Municipalities
and one (1) that will represent Water Districts. Details regarding the
selection process, requirements of these positions, application instr~~ctions,
and an overview of the Brazos G Regional Water Planning Group are
included in the attached notice.
We request that you provide these materials to qualified applicants in your
community that have an interest in regional water planning. Additional
applications can be accessed at our website, www.brazos~water.orq.
Applications will be accepted until 5:00 p.m., Friday, June 19, 2009.
Subsequent instructions regarding tlie selection process will be provided to
applicants after this date.
If you have any questions regarding this matter, please contact my office at
(254) 761 -31 68 or via e-mail at tbuzbeeG3brazos.orq. We appreciate your
interest in regional water planning.
Sincerely,
TREY U BE
~rojeg Manager
Brazos G Regional Water Planning Group
158
WATER PLANNING GROUP
FOR IMMEDIATE RELEASE - April 17,2009
For additional information, call Trey Buzbee, Brazos River Authority, Administrative Agent,
at (254) 761-3168 or via e-mail at <info@brazosgwater.org>
BRAZOS G REGIONAL WATER PLANNING GROUP (REGION G)
SEEKS NOMINATIONS FOR NEW VOTING MEMBERS
The Brazos G Regional Water Planning Group (Brazos G) is soliciting nominations for three (3) voting
members representing various interests in the Brazos G Regional Water Planning Area. Nominations will
be accepted until 5:00 pm, Friday, June 19, 2009. In selecting a voting member for each vacancy, the
Brazos G Group will consider a number of factors, including the nominee's qualifications to represent the
interest category, willingness to devote the time necessary to participate in the Regional Water Planning
process, and willingness to abide by the Bylaws. The Brazos G voting members will strive to achieve
geographic, ethnic, and gender diversity. Nominees are invited to visit the Brazos G website at
www.brazos~water.or~ for additional information including this press release, the new member
application form and a current member hometown map.
The three (3) voting member vacancies are defined as follows:
Two (2) voting member vacancy representing '~unicipalities' defined by the Texas Water Code,
516.053 (c) "as governments of cities created or organized under the general, home-rule, or special
laws of the state"
One (1) voting merr~ber vacancy representing the interest of 'Water Districts' defined by the Texas
Water Code, 516.053 (c) as "any districts or authorities, created under authority of either Texas
Constitution, Article Ill, 552(b)(l) and (2), or Article XVI, 359 including districts having the authority to
regulate the spacing of or production from water wells, but not including river authorities"
Terms: The new voting members shall be filling terms that expire at the last meeting of calendar year
2009; and thereafter, shall be eligible to serve a maximum of five (5) consecutive two-year terms.
Meetings: In order to provide a smooth transition into the Brazos G Group, the newly elected voting
members will be required to attend all Brazos G meetings, including orientation session(s), prior to their
official appointment date which will begin with the last meeting of calendar year 2009.
Travel Expenses: Brazos G members are not compensated for their services by the State of Texas. If
eligible, travel expenses for voting members may be reimbursed in accordance with rules adopted by the
Texas Water Development Board as funds are available.
Page I of 2
159
For Office Use only:
Date rec'd:
WATER~LANNING GROUP
VOTING MEMBER APPLICATION
(Solicitation for Municipalities & Water Districts lnterest Categories)
Announced April 17,2009
Please print or type applicable information and return by 5-00 PM. Fridav, June 19. 2009
to: Brazos G RWPG, Affn: Trey Buzbee, Brazos RiverAuthorify, P.O. Box 7555, Waco, Texas 76714-7555;
or via facsimile at (254) 761-3204; or via electronic email at info@braz-4.
For questions, call Trey Buzbee at (254) 761-3168.
Applicants may have qualifications that fit more than one lnterest Category sought. Place an 'X' in the box(s) for - - - . . 1 each Interest Category that you want to be considered for: 1
If vou marked both boxes, then place an 'Y in one of the boxes
to the right of each lnterest Category to state your preference.
160
Brazos G RWPG Voting Member Application -April 17, 2009 Page 3 of 3
The interests listed in the Texas Water Code, 3 16.053 (c) are defined as follows:
PU blic - defined as those perso ns or entities having no economic interest in the interests represented by
paragraphs (2) through (1 1) of this subsection other than as a normal consumer
C~~nfie~ - defined as the county governments for the 254 counties in Texas
Municipalities - defined as governments of cities created or organized under the general, home-rule, or
special laws of the state
Industries - defined as corporations, partnerships, sole proprietorships, or other legal entities that are formed
for the purpose of making a profit and which produce or manufacture goods or services and which are not small
businesses
Agricultural Interests - defined as those persons or entities associated with production or processing of
plant or animal products
Environmental Interests - defined as those persons or groups advocating the conservation of the state's
natural resources, including but not limited to soil, water, air, and living resources
Small Businesses - defined as corporations, partner ships, sole proprietorships, or other legal entities that
are formed for the purpose of making a profit, are independently owned and operated, and have fewer than 100
employees or less than $1 million in gross annual receipts
Electric Generating Utilities - defined as any persons, corporations, cooperative corporations, or any
combination thereof, meeting each of the following three criteria: own or operate for compensation equipment or
facilities which produce or generate electricity; produce or generate electricity for either wholesale or retail sale to
others; a~d are neither a municipal corporation nor a river authority
River Authorities - defined as any districts or authorities created by the legislature which contain areas
within their boundaries of one or more counties and which are governed by boards of directors appointed or
designated in whole or part by the governor or board
Wafer Districts - defined as any districts or authorities, created under authority of either Texas Constitution ,
Article Ill, 3 52(b)(l) and (2), or Article XVI, 3 59 including districts having the authority to regulate the spacing of or
production from water wells, but not including river authorities
Wafer Utilities - defined as any persons, corporations, cooperative corporations, or any combination thereof
that provide water supplies for compensation except for municipalities, river authorities, or water districts
Additional Voting Member Interest Category added by Brazos G
Districts - defined as any district or authority created under Section 52, Article Ill, Section 59, Article XVI, Texas
Constitution, that has the authority to regulate the spacing of water wells, the production from water wells, or both
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May 18, 2009
Regular Agenda Item No. 5
BVSWMA Compost Loss Payment to City of Bryan
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion authorizing payment from
the Brazos Valley Solid Waste Management Agency (BVSWMA) Fund for payment to the City
of Bryan for FY08/FY09 Compost Facility losses in the amount of $356,871.
Recommendation(s): Staff makes no recommendation on authorizing payment from the
Brazos Valley Solid Waste Management Agency (BVSWMA) Fund for payment to the City of
Bryan for FY08/FY09 Compost Facility losses in the amount of $356,871.
Summary: On December 5, 2008 the BVSWMA Policy Advisory Board voted to recommend
to the City Councils of College Station and Bryan that the FY2009 BVSWMA compost facility
subsidization be increased and reimbursed to the City of Bryan at an amount to be
determined by each City Council.
On March 24, 2009, the Bryan City Council approved a BVSWMA budget amendment
increasing the compost reimbursement amount for FY08 and FY09 to $356,871, from the
original budgeted amount of $80,000.00 per fiscal year. This is an increase of $276,871.
The increase represents $126,739 in actual FY08 compost losses, $230,132 in budgeted
FY09 compost losses, less the $80,000 subsidization amount currently budgeted in the FY09
BVSWMA budget. The increase will result in the BVSWMA Fund subsidizing 100% of
operating losses ant the Bryan Compost Facility.
Bryan Compost
Facility
FY08 Actuals FY09
Budgeted
Total
Revenues $430,776 $480,000 $910,776
Expenditures $557,515 $710,132 $1,276,647
Net Income /(Loss) $(126,739) $(230,132) $(356,871)
Budget & Financial Summary: The additional funds are not currently expensed in the
FY2009 BVSWMA budget and approval of this action will require a future budget amendment
in the amount of $276,871.
Attachments:
1. BVSWMA Policy Advisory Board Meeting Minutes – December 5, 2008
2. City of Bryan Council Action Form
3. City of Bryan Budget Amendment Form with Supporting Documentation
164
Minutes
Brazos Valley Solid Waste Management Agency
December 5,2008
City of College Station
Council Chambers
1:30 p.m.
Board Members Present: Mayor Ben White (Chairman), City of College Station Mayor;
Mark Conlee, City of Bryan Mayor and Jason Bienski, City of Bryan Council Member.
Others Present: Pete Caler, College Station Assistant Director of Public
Works/BVSWMA Director; Shelia McQueen, BVSWMA Program Coordinator; Jeff
Kersten, City of College Station Chief Financial Officer; Mark Sn-~ith, City of College
Station Public Works Director; Linda Huff, City of Bryan Public Works Director; Glenn
Brown, City of College Station City Manager; Harvey Cargill, City of College Station, City
Attorney; Mary Ann Powell, City of College Station First Asst. City Attorney; Samantha
Norejo, ABC40 News Anchor; Connie Hooks, City of College Station City Secretary;
Mary Lynn Stratta, City of Bryan City Secretary; Janice Hampton, City of Bryan Attorney;
Ben Hardeman, City of Bryan Council Member; and Samantha Best, City of College
Station Landfill Superintendent, Jay Marcotte, City of Bryan, Assistant Director of Public
Works.
Members Absent: Bill Pendley, Grimes County Commissioner
Agenda ltem 1: Mayor Ben White called the meeting to order at 1:33pm.
Agenda ltem 2: Presentation, possible action and discussion of the minutes for meetinq
held on September 9. 2008.
Councilman Bienski made a motion to amend the minutes to reflect City of Bryan
changes as presented in hard copy (attached).Motion to approve by Jason Bienski,
second Mayor Conlee. The motion passed unanimously.
Agenda ltem 3: Under advice from the City of Bryan's Austin, TX Attorney ltem 3 was
removed.
Agenda ltem 4: Presentation, possible action and discussion regarding a BVSWMA
Directors report:
Pete Caler gave the BVSWMA Policy Board of Directors a report of the operational
status of the Rock Prairie Road Landfill Facility and the development status of the Twin
Oaks Landfill Project. The results of the flyover done in October 2008 of the Rock Prairie
Road Landfill, the results showed that 16% more waste was compacted and the landfill
has another 24 months of remaining capacity as of November 2008, so long as the
operation continues to experience this same level of compaction in the interim.
Pete discussed the composting rebate program which will bring money back into
BVSWMA and offset some composting costs. The paperwork for the composting rebate
and 10' height increase is under review and awaiting approval from TCEQ.
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The special waste rate increase at the Rock Prairie Road Landfill went into effect on
November 1, 2008. The quarterly amount of special waste, not including contaminated
soil, accepted from August to October 2008 was 2061.95 tons and during the same
period in 2007 291 5.82 tons were accepted.
The site operating plan is still under review at TCEQ. Mr. Caler stated the SOP must be
updated to reflect new rules. He stated there had been no new modifications since the
mediated settlement and does not foresee any new modifications in the near future.
However, he stated if there are additional modifications, he will notify Linda Huff
immediately.
Mr. Caler reported there was a delay with the construction contracts because of bond
issues but that has been resolved and the contracts were being routed for signature.
The petroleum pipeline relocation will occur in about 5 years.
Mr. Caler reported on the 404 permit and said that mitigation of fields, streams and lady
tresses had to be addressed. He stated that the 404 permit has been issued with certain
activities that must be completed by BVSWMA and that to accomplish this; property in
northeast Brazos County must be purchased. He stated the real estate documents for
this were being developed, with a survey currently being performed. He estimated that
the real estate contract and the conveyance of the conservation easement would go to
both councils in January. In response to a question from Mayor Conlee, Mr. Caler
explained that the property was on Wixon Creek, just north of Highway 21 and consisted
of about 58 acres. Bryan's City Attorney reported she had heard about the potential
purchase months ago but no recent communications have been made to the Bryan City
Attorney's office about this issue. Mr. Caler responded he would make sure that Ms.
Hampton had updated documents to review. In response to a question from Ms. Huff,
Mr. Caler reported that BVSWMA would have to maintain the property and pay monies
for conservation monitoring in perpetuity by the appropriate land conservancy.
Pete also brought to our attention that an incorrect statement was made in the Wickson
Waterline section of the report. Where it reads "The agreements are being reviewed by
both Cites City Attorney offices it should read "College Station Legal department is
currently working on an agreement to purchase an easement for $16,000". Mr. Cargill
said for that amount, only College Station needed to approve the purchase. Mr. Cargill
stated this was for the Wixon waterline easement, and it was clarified that College
Station Legal Department was working to develop a simple contract to convey the
easement directly from the owners to Wixon. Ms. Hampton reported this was the first
she had heard of this item, and that pointed out the City of Bryan must approve any
transactions involving property and had no input in the amount to be offered for the
easement. It was reported that BVSWMA is paying Wixon to extend the water line.
A preconstruction meeting was held by HDR Engineering for the Twin Oaks Landfill
project on November 21, 2008. Attendees were staff member from both Cities, HDR
staff, C. Watts and Sons (general contractor) staff and subcontractors.
Mr. Caler reported that both councils would need to approve two service contracts for
condemnation services. Bryan staff explained the additional information needed
166
regarding the contracts. Concern was expressed that Bryan staff had not seen an
engagement letter for attorney fees and that no scope of work for the contract was
defined. Mr. Caler also reported another upcoming contract was the Rock Prairie Road
groundwater contract for both councils to consider, as well as the Twin Oaks phase I
testing contract, to be followed by the HDR Twin Oaks permitting construction phase
contract.
Mr. Caler then reported that they were trying to develop an electrical easement with Mid
South Synergy to get electric service on the property for construction. He then talked
about petroleum pipeline that would require relocation because the pipeline runs through
portion of the future sectors of Twin Oaks. He stated that the pipeline would have to be
relocated in about five years. He stated they were communicating with the pipeline
company and working with attorney Ernie Bruchez to work out the agreements so that
that when the time comes, it can be moved.
No action taken.
Agenda ltem 5: Presentation, possible action and discussion reqardillq BVSWMA
Operatinq Budget Administration transfers and an amendment to the FY 09 BVSWMA
Annual Operatinq Budget General Administration Transfer Line Item.
City of Bryan submitted their own cost allocation spreadsheet on how funds should be
reimbursed to certain employees.
The City of Bryan representatives expressed concern about what they considered to be
excessive amounts for administrative transfers to certain departments within the City of
College Station, such as City Secretary, Internal Audit, Legal, and Communications. Mr.
Kersten reported that the City of College Station had done a cost allocation study to
determine the amounts. It was pointed out that the City of Bryan also incurs
administrative costs relative to work associated with BVSWMA but there are no
reimbursements to City of Bryan. Mayor White stated that College Station would
examine the figures again to determine if they were appropriate.
There was discussion on who owns the City of Bryan Compost Facility. It was
determined that the City of Bryan owns the assets and both Cities own the property.
Mayor Mark Conlee made a motion to duplicate the noted reimbursement that the City of
College Stations pays to their employees to the City of Bryan employees, second Jason
Bienksi. Motion passes 2-1, Mayor White voting against.
Agenda ltem 6: Presentation, possible action and discussion resarding the
authorization of pavment from the BVSWMA Fund for a Citv of Brvan compost
Operations Invoice in the amount of $160,000.00
Linda Huff mentioned the Bryan Corr~post Facility had a loss this past FY of
$132,000.00. They receive reimbursement money from TCEQ in the amount of $50,000.
City of Bryan proposed that BVSWMA pay them $80,000.00 for 2 years totaling
$160,000.00, since College Station did not make the reirr~bursement last year, and
instead of Bryan being reimbursed by TCEQ that money will go to BVSWMA. College
Station requested updated information on the compost facility operation. Ms. Huff stated
167
data had been submitted previously on that topic but that additional information would be
submitted, and Mr. Brown stated that College Station had agreed to the $80,000 per
year figure. It was pointed out that the corr~post facility greatly benefits BVSWIWA by
keeping these materials out of the landfill, but Bryan alone has been absorbing the loss
each year.
Councilmember Bienski made a motion that $132,000 for 2008 and $132,000 for 2009
be paid to the City of Bryan, and the $50,000 yearly rebate be paid back to BVSWMA,
with appropriate information to the cities to justify the payment. The motion was
seconded by Mayor Conlee. It was stated that if the numbers were different than those
stated in the motion, final approval would be made by the city councils. The motion
carried unanimously.
Agenda ltem 7: Presentation, possible action and discussion a proposed BVSWMA
Budget Amendment in the amount of $80,000.00 for FY 2009.
This item ties in with ltem 6, Mayor Cor~lee makes a motion to amend the budget by
setting the current amount of $80,000.00 to $132,000.00 reimbursement to the City of
Bryan Compost Facility, second Jason Bienski. This amended amount will be
determined by both City Councils. It was stated that should the figure change, the
council would approve the correct number to be reimbursed to Bryan for the operating
loss at the compost facility. The motion carries unanimously.
Agenda ltem 8: Presentation. ~ossible action and discussion on future agenda items.
Mayor Ben White suggested meeting in March 2009 or sooner.
Mayor Mark Conlee wants to be educated on the carbon credits and current situation of
the carbon credits.
Agenda ltem 9: Adjourned at 2:36pm.
PASSED AND APPROVED this day of ,2009.
APPROVED:
Mayor Ben White
168
ACTION FORM
BRYAN CITY COUNCIL
DATE OF COUNCIL MEETING: 4/14/09 DATE SUBMITTED: 3/2/09
DEPARTMENT OF ORIGIN: Fiscal Services SUBMITTED BY: Charles Cryan
MEETING TYPE: CLASSIFICATION: ORDINANCE: STRATEGIC INITIATIVE:
BCD PUBLIC HEARING 1ST READING DIVERSITY
SPECIAL CONSENT 2ND READING EDUCATION
REGULAR STATUTORY GROWTH
WORKSHOP REGULAR IMAGE
INFRASTRUCTURE
PUBLIC SAFETY
AGENDA ITEM DESCRIPTION: An ordinance amending Ordinance No. 1792 increasing the Brazos Valley Solid
Waste Management Agency (BVSWMA) budget operating expenditures and transfer appropriations for Fiscal Year 2009
from $10,249,353 to $10,346,438, while maintaining the original adopted revenues of $7,897,000, and original adopted
total capital projects in the combined total of $7,212,448. Approval of this agenda item will also authorize BVSWMA to
expend funds to reimburse the City of Bryan in the amount of $356,871 for the purpose of reimbursing the City of Bryan
for losses incurred in FY08 and projected losses for FY09 at the City of Bryan Compost Facility.
SUMMARY STATEMENT: An ordinance amending Ordinance No. 1792 increasing the Brazos Valley Solid Waste
Management Agency (BVSWMA) budget operating expenditures and transfer appropriations for Fiscal Year 2009 from
$10,249,353 to $10,346,438, while maintaining the original adopted revenues of $7,897,000, and original adopted total
capital projects in the combined total of $7,212,448.
Approval of this agenda item will also authorize BVSWMA to expend funds to reimburse the City of Bryan in the amount
of $356,871 for the purpose of reimbursing the City of Bryan for losses incurred in FY08 and projected losses for FY09 at
the City of Bryan Compost Facility.
Budget Amendment #09-BVSWMA-2: This budget amendment increases appropriations for Brazos Valley Solid Waste
Management Agency (BVSWMA) for the purpose of reimbursing the City of Bryan for losses incurred in FY08 and
projected losses for FY09 by the City of Bryan Compost Facility.
On December 5, 2008, the BVSWMA Policy Board approved a motion recommending a budget amendment that would
refund the City of Bryan for the entire Compost Facility deficit for FY08 ($126,739) and anticipated Compost Facility
deficit for FY09 ($230,132). The amount for FY09 is based on budgeted figures. A true-up of budget vs. actual FY09
expenses will be made during the FY10 budget year. The total to be reimbursed to the City of Bryan for FY08 and FY09
losses is $356,871. The BVSWMA budget currently has $80,000 in appropriations for this purpose. The Bryan City
Council previously amended the budget for another purpose in the amount of $179,786. Netting the authorized
expenditure of $356,871 by the two amounts already available will increase appropriations in the BVSWMA budget by
the difference making this budget amendment $97,085.
In addition to approval of this amendment, Council is also requested to authorize the expenditure of $356,871 of funds
from the BVSWMA for the purpose of reimbursing the City of Bryan for losses at the City of Bryan Compost Facility.
Below is a breakdown of the expenses to be reimbursed by BVSWMA to the City of Bryan:
169
FY 08 FY 09 FY 08 &
Acutal Budget FY 09 Total
Compost Facility Revenues $430,776 $480,000 $910,776
Less: Compost Facility
Expenditures* ($557,515) ($710,132) (1,267,647)
($126,739) ($230,132) ($356,871)
FY 08+ FY 09 loss for Bryan Compost
Facility to be Covered by BVSWMA
Less: BVSWMA FY 09 Existing appropriation for this
purpose ($179,786)
Less: Approved FY 09 Budget Amendment ($80,000)
BVSMA budget amendment
amount ($97,085)
*Includes $52,461 of administrative
reimbursement
STAFF ANALYSIS:
A. PROS: The Compost Facility benefits the landfill by diversion of approximately 20,000 tons of organic waste
annually out of the landfill. Approving this ordinance to increase appropriations and authorize expenditures for
BVSWMA will allow BVSWMA to reimburse the City of Bryan for Compost Facility losses. Approval of the
amendment will allow the City of Bryan Compost Facility to be made whole from losses incurred in the operations and
administration of City of Bryan Compost Facility.
B. CONS: Approval requires transferring funds, which requires an administrative process. Should this amendment not
be approved, the City of Bryan will bear the losses associated with the administration and operations of the Compost
Facility, therefore reducing the funds available for other Compost Facility and Solid Waste activities.
STAFF'S RECOMMENDATION (Including Rationale and Justification):
Staff recommends approval of this budget amendment to increase appropriations ($97,085) for BVSWMA for the
reimbursement to the City of Bryan for administrative and operational losses associated with the City of Bryan Compost
Facility. This will allow for the City of Bryan to be made whole for losses incurred at the City of Bryan Compost
Facility. Staff also recommends the authorization of these expenditures ($356,871) from the BVSWMA accounts for this
purpose.
OPTIONS (In Suggested Order of Staff Preference):
1. Approve amendment and ordinance as proposed to increase appropriations to the BVSWMA budget by $97,085
and authorize BVSWMA staff to expend funds in the amount of $356,871 for the purpose of reimbursing the
City of Bryan for Compost Facility operational losses for FY08 and FY09.
2. Authorize BVSWMA staff to expend funds in the amount of $80,000 and the prior budget amendment funds in
the amount of $179,786, which represents the existing appropriations within the BVSWMA FY09 budget that
could be utilized for the purpose of reimbursing the City of Bryan for Compost Facility operational losses.
3. Modify the amendment / ordinance and approve.
4. Do not approve the amendment ordinance as requested.
ATTACHMENTS:
1. Signed Budget Amendment Form
2. Budget Amendment Ordinance
FUNDING SOURCE: Brazos Valley Solid Waste Management Agency (BVSWMA)
APPROVALS: Charles Cryan, CFO 3/18/09
APPROVED FOR SUBMITTAL: CITY ATTORNEY Janis Hampton, 03/17/2009
APPROVED FOR SUBMITTAL: CITY MANAGER Hugh R. Walker for David F. Watkins, 03/19/2009
Revised 11/08
170
ORDINANCE NO. __________
AN ORDINANCE AMENDING ORDINANCE NO. 1792; INCREASING BUDGET
APPROPRIATIONS FOR THE BRAZOS VALLEY SOLID WASTE MANAGEMENT
AGENCY’S FISCAL YEAR 2009 TOTAL OPERATING EXPENDITURES AND TRANSFERS
BUDGET FROM $10,249,353 TO $10,346,438; AND MAINTAINING THE ORIGINAL
ADOPTED REVENUES OF $7,897,000, AND ORIGINAL ADOPTED TOTAL CAPITAL
PROJECTS IN THE COMBINED TOTAL OF $7,212,448; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY
CLAUSE; FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THE
ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, state law requires that municipal budget appropriations be increased when spending exceeds
the amount appropriated, and
WHEREAS, the City of Bryan wishes to increase appropriations to facilitate the payment of contractual
obligations which were not included in the Fiscal Year 2009 budget upon adoption,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRYAN,
TEXAS:
1.
That the City of Bryan City Council approves increases in appropriations in the amount of $276,871.
2.
That Ordinance No. 1792, the appropriations ordinance for the fiscal year beginning October 1, 2008 and
ending September 30, 2009; be amended to reflect total Operating Expenditures and transfers in the
combined total amount of $10,249,353 be increased to $10,346,438, and maintaining the original adopted
revenues of $7,897,000, and original adopted total capital projects in the combined total of $7,212,448.
3.
That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
4.
That should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared
unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby,
and to this end the provisions of this ordinance are declared to be severable.
5.
That it is hereby found and determined that the meetings at which this ordinance was passed were open to
the public, as required by Section 551.001 et seq., Texas Government Code, and that advance public
notice of time, place and purpose of said meetings was given.
171
6.
That this ordinance shall take effect immediately after its second and final reading.
PRESENTED AND GIVEN first reading the 24th day of March, 2009, at a regular meeting of the City
Council of the City of Bryan, Texas; and given second reading, passed and approved on the 14th day of
April, 2009, by a vote of ayes and nays at a meeting of the City Council of the City of
Bryan, Texas.
ATTEST: CITY OF BRYAN:
___________________________________ ____________________________
Mary Lynne Stratta, City Secretary D. Mark Conlee, Mayor
APPROVED AS TO FORM:
_____________________________________
Janis K. Hampton, City Attorney
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