HomeMy WebLinkAbout07/23/2009 - Regular Agenda Packet - City Council (2)
Mayor Council members
Ben White John Crompton
Mayor Pro Tem James Massey
Dennis Maloney
City Manager Katy-Marie Lyles
Glenn Brown Lawrence Stewart
David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, July 23, 2009 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation of Historic Building Marker #9 to Pleasant Grove Baptist Church.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion of minutes for Council meeting held on Monday, July 6, 2009
and Thursday, July 9, 2009.
b. Presentation, possible action, and discussion regarding the approval of a resolution adopting the Economic
and Community Development Department’s proposed FY 2010 Action Plan and Budget.
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Thursday, July 23, 2009
c. Presentation, possible action, and discussion Semi-Annual Report on Impact Fees 92-01, 97-01, 97-02B,
99-01, 03-02, and consideration for a Resolution to support and execute a Compliance Certification Letter to
the Attorney General.
d. Presentation, possible action and discussion regarding award of the services contract, for RFP 09-56
Outsourcing the Printing and Mailing of Utility Bills, late notices and inserts for an estimated annual
expenditure of $230,000 to Xpedient Mail.
e. Presentation, possible action, and discussion regarding ratification of a month-to-month renewal agreement
and authorization of expenditures for Utility Bill Printing, Inserting and Mailing with Pinnacle Data Systems,
LLC for $20,000.00 per month.
f. Presentation, possible action, and discussion awarding Bid #09-71 for steel distribution poles (Group A) to
Transamerican Power Products for $116,815; self supporting steel distribution poles (Group B) to
Transamerican for $58,610; fiberglass composite distribution poles (Group C) to HD Supply for $77,100;
and self supporting fiberglass distribution poles (Group D) to Techline for $9,675 for an estimated annual
amount of $262,200.
g. Presentation, possible action and discussion on a letter agreement with Ingram, Wallis & Co., P.C. for
Professional Auditing Services.
h. Presentation, possible action, discussion, and approval on awarding Bid No. 09-54A for the purchase of
various items for the Dowling Road Substation project to J.H. Davidson & Assoc $44,340, FAPCo, LLC
$61,050, Areva T&D $107,282, and Wesco, Inc. $245,149 for a total of $457,821.
i. Presentation, possible action, discussion, and approval on awarding Bid No. 09-54B for the purchase of
circuit switchers for the Dowling Road Substation project to KBS Electric in the amount of $167,237.40.
j. Presentation, possible action, and discussion on the approval of Change Order No. 1 to Contract No. 08-
278 for Brazos Paving, Inc. This annual blanket purchase order, for concrete curb/gutter & flatwork, is used
to maintain City infrastructure. This action increases the total amount of the contract from $411,000.00 to
$513,750, an increase of $102,750.
k. Presentation, possible action, and discussion regarding ratification of a month-to-month renewal agreement
and authorization of expenditures with Shelby Building Maintenance dba Professional Floor Service for
$16,679.00 per month.
l. Presentation, possible action, and discussion regarding a resolution to name the Brazos Animal Shelter as
the Local Rabies Control Authority for the City of College Station, replacing the Chief of Police as the Local
Rabies Control Authority.
m. Presentation, possible action, and discussion regarding approval of the purchase of copy machines from
DocuMation in an amount not to exceed $76,061.00. This purchase is made pursuant to our Interlocal
Agreement with Purchasing Solution Alliance (a program of the Brazos Valley Council of Governments).
n. Presentation, possible action, and discussion regarding a resolution to award a professional services
contract to HDR Engineers in the amount of $49,671 to conduct a study to determine what amount is
allowable, under State Law, to be charged for City-wide impact fees for water and wastewater.
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Thursday, July 23, 2009
o. Presentation, possible action, and discussion to amend Professional Services Contract #06-175 with Strong
Surveying, Inc. for Twin Oaks Landfill Phase One Survey Support to include the City of Bryan on the
contract in an amount not to exceed $174,000.00.
p. Presentation, possible action, and discussion to amend Professional Services Contract #05-033 with CSC
Engineering and Environmental Consultants, Inc. for Program Management and Technical Services for the
Development of the Twin Oaks Landfill Project to include the City of Bryan on this contract not to exceed
$1,127,500.00, and to amend the scope of services to remove the transition planning for the Rock Prairie
Landfill to become a City of College Station park.
q. Presentation, possible action, and discussion to authorize funds for professional services from Coats, Rose,
Yale, Ryman & Lee PC for litigation concerning the Brazos Valley Solid Waste Management Agency
(BVSWMA) in the amount of $90,000.00. Approval by the Council of this request will ratify $56,808.46
expended and provide funds for additional legal costs associated with this project through September 30,
2009.
r. Presentation, possible action, and discussion to authorize additional funds for professional services from
Bickerstaff, Heath, Delgado & Acosta, LLP. for litigation concerning the Brazos Valley Solid Waste
Management Agency (BVSWMA) in the amount of $45,000.00 for total funds of $297,000.00. Approval by
the Council of this request will provide funds for additional legal costs associated with this project through
September 30, 2009.
s. Presentation, possible action, and discussion to approve BVSWMA royalty payments to Grimes County
for FY2009 in an amount not to exceed $250,000, which amount includes ratification of a total of
$104,383.95 in royalty payments made to Grimes County in FY2009, and approval of $31,349.50 in royalty
payments to Grimes County to correct payments made from October 2006 to the present.
t. Presentation, possible action, and discussion to approve BVSWMA Twin Oaks Landfill Construction
Contract #08-232 Change Order #3 with C. Watts & Sons Construction Co. Inc. in the amount of
$199,844.00.
u. Presentation, possible action, and discussion regarding:
(1) the amendment of an electric rate schedule to Chapter 11 “Utilities” of the Code of Ordinances of the
City of College Station for small power production and cogeneration facilities less than or equal to 100 kW;
and
(2) the addition of an electric rate schedule to Chapter 11 “Utilities” of the Code of Ordinances of the City
of College Station for small renewable energy (SRE) customers connecting single phase distributed
generation from renewable sources less than or equal to 20 kW. (Renewable energy technologies include
those derived directly from the sun, wind, geothermal source, hydroelectric source, wave or tidal energy; or
on biomass or biomass based waste products including landfill gas.)
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.
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Thursday, July 23, 2009
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion on consideration of an ordinance amending
Chapter 10, “Traffic Code,” to remove parking on both sides of Welsh Avenue beginning at the
intersection with Holleman Drive and extending north 100 feet.
2. Public hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter
12, the Unified Development Ordinance, Section 5.5 “Planned Districts (P-MUD and PDD),” of the
Code of Ordinances, related to PDD Planned Development Districts.
3. Presentation, possible action, and discussion to approve a resolution providing an exception to Policy to
allow Mr. Thomas and Ms. Palasota to construct sewer infrastructure necessary to connect their homes
to the City sewer system.
4. Presentation, possible action, and discussion regarding sunset review of Council Committees and
selection of Council appointed representatives to fill vacancies on the following committees and boards.
Arts Council of the Brazos Valley
Audit Committee
Brazos County Health Department
BVWMA Policy Advisory Board
Intergovernmental Committee
Convention and Visitors Bureau Board of Directors
Research Valley Partnership Board of Directors
Sister Cities Association
Transportation Committee
Wolf Pen Creek Oversight Committee
City/CSISD Subcommittee
5. Presentation, possible action, and discussion of City Council making appointments to citizen
committees. These include:
Cemetery Committee
Construction Board of Adjustments and Appeals
Parks and Recreation Board
Historic Preservation
Research Valley Partnership Board
Convention and Visitors Bureau
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Thursday, July 23, 2009
6. Presentation, possible action, and discussion of Mayor Pro Tem appointment.
7. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, July 23, 2009 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 20th day of July, 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 July 20, 2009 at 2:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2009 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2009.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
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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
Mayor Councilmembers
Ben White John Crompton
James Massey
Mayor ProTem Dennis Maloney
Katy-Marie Lyles
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Special Workshop Meeting
Monday, July 6, 2009 4:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Council members Crompton, Maloney, Massey, Lyles, Ruesink,
Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley,
City Attorney Cargill, Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
Item No. 1 Call meeting to order.
Mayor White called meeting to order at 4:00 p.m.
Item No. 2 Presentation, possible action, and discussion regarding the fee structure for services provided
by the Planning & Development Services Department and the Public Works Department.
Bob Cowell, ACIP, Director of Planning and Development Services presented Council presented updated
information on the following practices and policies: Current fee revenues, Costs, Compliance with Council
established cost recovery policies, and Comparison to benchmark communities. He also included information
outlining the conclusions and recommendations of the DMG-Maximus study, historic information regarding
development fees in College Station, estimates of current costs associated with building and development review,
building and development fee structures for comparison of the benchmark communities, and impact and revenue
scenarios. Staff recommended adoption of the fee schedule as provided and that adoption be incorporated into
the FY10 budget cycle.
Council member Crompton moved to approve one half of the proposed fees effective October 1, 2009 and the
remaining one half effective March 1, 2010. Council member Maloney seconded the motion.
Council member Massey made a substitute motion to support the 80% fee recovery policy by phasing in the fee
increases, including one half of the recommended fee increase effective October 1, 2009 and an interim review
six months thereafter. Council member Maloney seconded the motion, which carried 7-0.
FOR: Mayor White, Crompton, Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
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City Council Workshop Minutes
Monday, July 6, 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
Item No. 3 Presentation, possible action, and discussion regarding the requirements of the City’s Rental
Registration program as codified in Chapter 4, Section 19 of the Code of Ordinances for the City of
College Station, TX.
Bob Cowell presented a brief overview of the requirements of the City’s Rental Registration program. Staff
requested that Council provide direction on any desired amendments to the Rental Registration Requirements.
No formal action was taken.
Mayor White called for a brief recess at 5:23 p.m. Council continued discussions at 5:45 pm. .
Item No. 4 Presentation, possible action, and discussion regarding exploration of available financing
options for the City’s planned convention center.
David Gwin, Director of Economic Development Services reported that the staff has moved forward with the
redevelopment of the Chimney Hill Shopping Center as the City’s new convention center. His report included
the staff’s responsibility of property management of the site and its six tenants. Other items of interest were the
receipt of fifteen request for qualifications from numerous experienced and well-qualified firms. And, the Texas
State Legislature approved and Governor Perry signed into law a possible ¾% increase in the Hotel Occupancy
Tax available to the City for his specific project.
Staff seeks feedback and direction from the Council in regards to the referred funding strategy for the facility and
project.
Jeff Kersten, Chief Financial Officer presented the possible funding sources of the future convention center and
the key Assumptions: Primary funding source was the Hotel Occupancy Tax, Consider reducing current Hotel
Occupancy Tax Funding, Additional ¾ % Hotel Occupancy Tax, Set aside Hotel Occupancy Tax beginning in
FY 10, TIF will be established, Lease revenues, and Parking revenues. Also, he presented the three (3) funding
options to consider which are:
Option 1
Go forward – Reduce Hotel Tax Expenditures by 50% in FY 2010
Ø Fund CVB at 100% of FY 2009 reoccurring level
Ø Reduce Hotel Tax expenditures by 50% in FY 2010
Ø Shift funds to convention center Project - $2.55 - $2.7 million per year
Ø Begin Master Planning Process in FY 2010
Ø Begin Design in FY 2011
Ø Begin Construction in FY 2012
Ø Open in FY 2013 or FY 2014
Option 2
Wait five (5) years – Pursue public / private partnership with hotel developer
Ø Delay project for five (5) years
Ø Pursue a public / private partnership
Ø Maintain funding levels in hotel tax fund
Ø Begin setting aside available hotel tax funds for convention center $2.05 - $2.2 million per year
Ø Convention center hotel revenues – HOT and TIF
Ø Move forward with Convention center master planning in FY 2010 to FY 2011
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City Council Workshop Minutes
Monday, July 6, 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
Ø Begin design in FY 2014
Ø Begin construction in FY 2015
Ø Open in FY 2017 or FY 2018
Option 3
Go forward – Reduce Hotel Tax Expenditures by 50% over Three (3) years
Ø Fund CVB at 100% of FY 2009 reoccurring level
Ø Reduce Hotel Tax expenditures by 15% in FY 2010, 15% in FY 2011 and 20% in FY 2012
Ø Shift Funds to Convention Center Project
Ø Begin Master Planning Process in FY 2010
Ø Begin Design in FY 2011
Ø Begin Construction in FY 2012
Ø Open in FY 2013 or FY 2014
Staff recommended to Council Option 1 on the financing option for the City’s planned convention Center.
Council member Crompton made a motion to approve Option 1 on the financing option for the City’s planned
convention center. Council member Maloney seconded the motion, which carried 6-1.
FOR: Mayor White, Council members Crompton, Massey, Maloney, Stewart, and Ruesink
AGAINST: Council member Katy-Marie Lyles
Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 7:10 p.m. on Monday, July 6, 2009.
PASSED AND APPROVED this 23rd day of July, 2009.
ATTEST: APPROVED
_________________________ _______________________
City Secretary Connie Hooks Mayor Ben White
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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
Mayor Councilmembers
Ben White John Crompton
James Massey
Mayor ProTem Dennis Maloney
Katy-Marie Lyles
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop & Regular Meeting
Thursday, July 9, 2009 3:00 & 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Council members Crompton, Maloney, Massey, Lyles, Ruesink, Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley, City
City Secretary Hooks, Deputy City Secretary McNutt, Management Team
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 – Presentation, possible action, and discussion on items listed on the consent
agenda.
Council member Maloney asked about consent item 2b and the reserved funds.
Council member Crompton questioned consent item 2c and the difference in bid amounts.
Council member Ruesink inquired on consent items 2f & 2g.
Workshop Agenda Item No.2 – Presentation, possible action, and discussion regarding a recap of the 81st
Texas Legislative Session, the Special Called Session that began on July 1, and potential future legislative
issues.
Dan Shelley and Jennifer Shelley Rodriguez updated Council on the results of recently completed legislative
session, the special session which began on July 1st and potential future legislative issues.
No formal action was taken.
Workshop Agenda Item No. 4 – Presentation, possible action, and discussion regarding
development/redevelopment activities and issues in Northgate.
Bob Cowell, ACIP, Director of Planning and Development Services presented an overview of the vision, goals
and strategies for the development/redevelopment of Northgate.
• Vision – An urban district with development/redevelopment in a consistent and harmonious manner
– Campus-neighborhood with residential and commercial developments
– Additional owner-occupied residents
– New retail, commercial, and office space
– Expansion of existing businesses
– Safe, secure, and attractive
– Gathering place for students and residents
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City Council Workshop Minutes
Thursday, July 9, 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
• Strategy:
– Support development of strategic parcels
– Promote mixed use development on edge
– Improve pedestrian and parking facilities in core
– Provide additional park space
– Develop University property with owner occupied units
– Support dense apartments and dorms in core
– Strategic removal and consolidation of parking
– Increase off-street parking requirements
– Accommodate long-term parking off-street
– Develop and implement design guidelines
– City investment in infrastructure to lower development costs
• Results
– Substantial progress toward goals and vision
– Significant public investment and support
– Substantial market opportunities
– Pieces are in place to take current success and fully realize vision
David Gwin, Director of Economic Development Services presented an historical overview of the projects to date
in Northgate. He emphasized the importance of the Northgate corridor to our community in terms of economic
benefits.
Staff recommended that Council affirm their commitment to the adopted vision, goals and strategies for the
development/redevelopment of Northgate and direct staff to identify issues and opportunities.
Council directed staff to engage with stakeholders before changing ordinance and to move forward with the
development and redevelopment activities in Northgate. No formal action was taken.
Workshop Agenda Item No. 3 – Presentation, possible action, and discussion regarding the Water
Conservation and Irrigation Plan for the College Station Parks and Recreation Department, as requested
by Council.
Item was moved to future agenda.
Workshop Agenda Item No. 5 – Council Calendar
Council reviewed Calendar.
Workshop Agenda Item No. 6 – Presentation, possible action, and discussion on future agenda items: A
Council Member may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a
proposal to place the subject on an agenda for a subsequent meeting.
No discussion was needed.
Workshop Agenda Item No. 7 – Discussion, review and possible action regarding the following meetings:
Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council
of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning
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City Council Workshop Minutes
Thursday, July 9, 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
Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board,
Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning
Board of Adjustments, BVSWMA, Signature Event Task Force, (Notice of Agendas posted on City Hall
bulletin board).
No discussion was held.
______________________________________________
At 5:20 p.m. Mayor White announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.072, and 551.074 of the Open Meetings Act to seek the advice of our city attorney, to
consider the purchase of real property and the appointment and evaluation of public officer(s).
Workshop Agenda Item No. 8 – Executive Session will immediately follow the workshop meeting in the
Administrative Conference Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek
advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or
attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a
litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the
City Council may need information from its attorney as to the status of a pending or contemplated
litigation subject or settlement offer or attorney-client privileged information. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply
Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the
Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid
Waste Management Agency contract, on proposed methane gas contract
i. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and
Ben White
k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et al
l. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal issues related to Economic Development Agreement between City of College Station &
Sahara Realty
o. The rights and obligations under one or more leases at Chimney Hill city-owned property along
University Blvd. located in the City.
Real Estate {Gov’t Code Section 551.072}; possible action The City Council may deliberate the purchase,
exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect
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City Council Workshop Minutes
Thursday, July 9, 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
on the position of the City in negotiations with a third person. After executive session discussion, any final
action or vote taken will be in public. The following subject(s) may be discussed:
a. Possible Purchase or Exchange of Property near E. University and Tarrow
Personnel {Gov’t Code Section 551.074}; possible action The City Council may deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer.
After executive session discussion, any final action or vote taken will be in public. The following
subject(s) may be discussed:
a. Planning and Zoning Commission
b. Zoning Board of Adjustments
c. Construction Board of Adjustments and Appeals
d. Parks and Recreation Board
Workshop Agenda Item No. 9 -- Action on executive session, or any workshop agenda item not completed
or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary.
Council recessed from the executive session at 7:00 p.m. No formal action was taken.
Workshop Agenda Item No. 10 – Adjourn.
The workshop meeting concluded at 7:00 p.m.
Minutes of Regular Agenda
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Consider absence request.
Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White led the
audience in the Pledge of Allegiance. Chief R.B. Alley provided the invocation.
Presentation:
Mayor White presented a Key to the City to both the TAMU Track and Field men’s and women’s team.
Mayor White and City Manager Glenn Brown presented the TAMIO Award to employees of the Public
Communication Department .
Hear Visitors:
Brian Alg, resident of College Station thanked Council member Lyles for voting against the convention center
and also thanked Council for not increasing the budget.
Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which
consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent
agenda by majority vote of the Council.
a. Approved minutes for Council meeting held on Monday, June 22, 2009 and Thursday, June 25, 2009.
b. Approved change order to the contract with JaCody, Inc for the renovations to the Municipal Courts
Building. This item is a deductive change order in the amount of $249,668.88.
c. Approved awarding Bid #09-70 to Stresscrete, Inc., and authorized the estimated annual expenditures of
$257,320.00 for prestressed spun cast concrete poles.
d. Approved extending the bank depository agreement with Citibank Texas, N.A. for one final year.
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City Council Workshop Minutes
Thursday, July 9, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
e. Approved Ordinance No. 3188 on temporarily amending Chapter 10, Section 3E (2)(e), of the College
Station Code of Ordinances by changing the posted speed limit on the section of Harvey Mitchell Parkway
(FM 2818) between Welsh Avenue and Holleman Drive to 45 mph for the duration of TxDOT’s FM 2818
Grade Separation project.
f. Approved Resolution No. 07-09-09-2f accepting from the Department of Homeland Security Fire Station
Grant Program in the amount of $3,200,000 and agreeing to provide the balance of $3,700,000 to complete the
construction of Fire Station # 6. The total cost of construction for Fire Station # 6 is projected to be
$6,900,000.
g. Approved awarding an annual contract for Turf Mowing Services for various City properties to Green
Teams, Inc. for an annual expenditure of $79,626.00. (Bid #09-19)
Council member Massey moved to approve consent agenda items 2a thru 2g. Council member Lyles seconded
the motion, which carried 7-0.
FOR: Mayor White, Council members Crompton, Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 1 -- Public Hearing, presentation, possible action, and discussion of design
options for the Tauber & Stasney Street Rehabilitation Project.
Council member Crompton abstained from the discussion of this item.
Chuck Gilman, Director of Capital Improvements presented an overview of the options for the Tauber & Stasney
Street Rehabilitation Project. Staff recommended that the Tauber and Stasney Street Rehabilitation Project
proceed according to Option B, as this alternative meets most of the goals of the project, minimizes the negative
impacts to the adjacent property owners, and is in compliance with the ordinances that private development must
follow. However, based on some of the feedback from the public engagement process and some stakeholders
expressed a preference for Option C. Council is familiar with Options A and B below, as these alternatives were
presented on April 9th and 23rd. Option C is a new alternative. A brief summary of the alternatives is listed
below.
Option A:
· Mill the old pavement and overlay with a new asphalt surface.
· Replace the water and sewer utilities.
· Address the pavement grade issues along Tauber between Cross and Cherry.
· Do not construct new sidewalks or install street trees along either street.
· All head-in parking and parallel parking will remain.
· Maintain two-way traffic along Tauber and Stasney.
· This option will require a clarification to the definition of a rehabilitation project in the UDO.
· Option does not require additional ROW.
· Option will not result in the permanent loss of any parking spaces along Tauber or Stasney.
Option B:
13
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City Council Workshop Minutes
Thursday, July 9, 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
· Remove head-in parking along Tauber and Stasney - replace/keep parallel parking where possible along
Tauber and Stasney (Parallel parking will be provided on one side of Stasney between University and Cherry.
Parallel parking will be provided on one side of Tauber between University and Church, two sides of Tauber
between Church and Cross, and one side of Tauber between Cross and Cherry).
· Amend the Northgate Parking Plan to allow for on-street parking in NG-3 along one side of Tauber and one
side of Stasney.
· 8-feet wide sidewalks with street trees along Stasney.
· 8-feet sidewalks with street trees along Tauber between Church and Cherry.
· The majority of the sidewalk along the east side of Tauber between University and Church will not be
modified; the sidewalk on the west side of Tauber between University and Church will be reconstructed to a
width of 7-feet. Existing 6” to 8” caliper live oaks immediately behind the sidewalk on the east side of
Tauber between University and Church will be preserved.
· New concrete pavement on Tauber and Stasney.
· Replace the water and sewer utilities
· Construct a new storm sewer system along Tauber and Stasney.
· Maintain two-way traffic along Tauber and Stasney.
· This option does not require an amendment to the UDO.
· This option will require a small amount of additional ROW and/or an access easement along Tauber near
Cherry Street.
· This option will result in the loss of approximately 137 parking spaces along Tauber and Stasney.
Option C:
· Remove head-in parking along Tauber and Stasney - replace/keep parallel parking where possible along
Tauber and Stasney (Parallel parking will be provided on two sides of Stasney between University and
Cherry. Parallel parking will be provided on two sides of Tauber between University and Cross, and one side
of Tauber between Cross and Cherry).
· 4-feet wide sidewalks on both sides of the Stasney from University to Cherry. Street trees will not be
included along Stasney.
· 8-feet sidewalks with street trees along Tauber between Church and Cross.
· 4-feet wide sidewalks on the east and west side of Tauber between University and Church. This will require a
dedication of 1 to 2 feet of ROW (to accommodate the construction of 42-feet of pavement) and 5 to 6 feet of
land to be dedicated in the form of an access easement by property owners on both sides of the ROW (to
allow the existing sidewalks on private property to be reconstructed). The existing 6” to 8” caliper live oaks
immediately behind the sidewalk on the east side of Tauber between University and Church will be
preserved.
· Amend the Northgate Parking Plan to allow for on-street parking in NG-3 along one side of Tauber and two
sides of Stasney.
· New concrete pavement.
· Replace the water and sewer utilities.
· Construct a new storm sewer system along Tauber and Stasney.
· Maintain two-way traffic along Tauber and Stasney.
· This option does require an amendment to the UDO.
· This option will require a small amount of additional ROW and an access easement along Tauber between
University and Church.
· This option will result in the loss of approximately 96 parking spaces along Tauber and Stasney.
14
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City Council Workshop Minutes
Thursday, July 9, 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
Mayor White opened the public hearing.
Glenn Schroeder, 1304 Autumn Wood, expressed support for the improvements and stated his preference for
Option C.
Pastor Kip Giles, TAMU United Methodist Church, on behalf of the Church, concurred with Option B.
Mayor White closed the public hearing.
Council member Maloney moved to approve Option B of the Tauber and Stasney Street Rehabilitation Project.
Council member Massey seconded the motion, which carried 6-0.
FOR: Mayor White, Council members Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
ABSTAINED: Council member Crompton
Council member Crompton returned to meeting at 8:20 p.m.
Regular Agenda Item No. 2 -- Public Hearing, presentation, possible action, and discussion an ordinance
amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection.
Alan Gibbs, City Engineer presented brief overview of the ordinance amendment with the primary benefit to
enhance flood hazard protection.
Mayor White opened the public hearing.
Sherry Ellison, 2705 Brookway Dr. expressed her appreciation to the Council for developing this amendment.
Mayor White closed the public hearing.
Council member Crompton moved to approved Ordinance No. 3189 to amend Chapter 13: Flood Hazard
Protection as presented. Council member Massey seconded the motion, which carried 6-1
FOR: Mayor White, Council members Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: Council member Lyles
Regular Agenda Item No. 3 -- Public Hearing, presentation, possible action, and discussion concerning a
resolution awarding the professional services contract (Contract No. 09-241) with Bury + Partners, Inc. in
the amount not to exceed $112,133 for engineering design services for the Hike & Bike Trail Completion
Project (ST-0904) and approval of a resolution declaring intention to reimburse certain expenditures with
proceeds from debt.
Chuck Gilman, Director of Capital Improvements described the scope of this project to create and increase safe
and convenient multi-modal transportation options within the City. The greenway trail will connect key
destinations including A&M Consolidated High School, Bee Creek Park as well as residential and commercial
property along this corridor. It will also connect to improvements underway along Longmire, including
intersection improvements at FM 2818 and the bridge crossing Bee Creek, which will further increase multi-
modal connectivity throughout the city. This also provides the opportunity to address concerns from students at
A&M Consolidated who spoke at the May 18th City council meeting in need for a place to walk and bike along
this corridor. Staff recommended approval of this project.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
15
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City Council Workshop Minutes
Thursday, July 9, 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
Council member Maloney moved to approved Resolution No. 07-09-09-03 for the Hike & Bike Trail
Completion Project and to approve Resolution No. 07-09-09-03-a for declaring intention to reimburse certain
expenditures with proceeds from debt. Council member Stewart seconded the motion, which carried 7-0.
FOR: Mayor White, Council members Crompton, Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion regarding the
annual review of the Unified Development Ordinance (UDO), including recent UDO amendments,
proposed amendments, and requested amendments.
Bob Cowell, ACIP, Director of Planning and Development Services presented a brief annual review of the
Unified Development Ordinance and the approved amendments since June 12, 2008; pending amendments, staff-
identified amendments, and developer-requested amendments. He also discussed the implementation of the
Comprehensive Plan through the Unified Development Ordinance.
The staff-identified amendments consisted of temporary leasing offices for multi-family developments, expansion
of architectural features for Non-Residential Architectural Standards, permanent storage container area screening,
and UDO amendments related to the new Comprehensive Plan.
Mayor White opened the public hearing.
Mark Lindley, 22419 Tea Garden, Katy developer of The Lofts at Wolf Pen Creek requested amendments that
would include signage for mixed use projects, outdoor displays, hotel/motel as an acceptable use with a country
club, and recreational vehicle (RV) parks.
Edsel Jones, 828 Pine Valley, owner of Holiday RV Park, stated that the amendments should include conditional
use permits for RV Parks.
Darrell Kosler, representative from Lowes explained that the expanded list of architectural features would help
and provide more flexibility. He also stated that there is no flexibility in the current outdoor display ordinance.
John Nichols with P&Z spoke on behalf of Planning and Zoning Commission and that the amendments should be
considered.
Mayor White closed the public hearing.
Council member Crompton moved to approve the UDO proposed amendments as presented. Council member
Stewart seconded the motion, which carried 7-0.
FOR: Mayor White, Council members Crompton, Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 5 -- Presentation, possible action, and discussion to approve an Interlocal
Agreement (ILA) for Joint Use of Facilities between the City of College Station and the College Station
Independent School District (CSISD).
Tony Cisneros, Director of Parks and Recreation presented an Interlocal Agreement for Joint Use of Facilities for
Parks and Recreation Department Recreation Programs. Staff recommended the continuation of this process for
the joint use of facilities for Parks and Recreation Department Recreation Programs.
Clark Elle, CSISD Deputy Superintendent for Administrative Services expressed his appreciation to the Council
and Staff and agreed with the process.
16
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City Council Workshop Minutes
Thursday, July 9, 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
Council member Crompton moved to approve the Interlocal Agreement for Joint Use of Facilities for Parks and
Recreation Department Recreation Programs with the consideration of cost elements and addressing them with
the future ILA agreement. Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Council members Crompton, Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 6 -- Presentation, possible action, and discussion to approve an ordinance by the
City Council of the City of College Station, Texas, issuing $31,315,000 City of College Station Certificates
of Obligation, Series 2009.
Item No. 6 and No. 7 were discussed together.
Regular Agenda Item No. 7 -- Presentation, possible action and discussion to approve an ordinance by the
City Council of the City of College Station, Texas, issuing $3,335,000 City of College Station General
Obligation Bonds, Series 2009.
Jeff Kersten, Chief Financial Officer presented a brief overview of the issuance of the Certificates of Obligation
and the General Obligations Bonds. Staff recommended approval of the ordinances issuing the Certificates of
Obligation and the General Obligations Bonds.
Council member Massey moved to approve Ordinance No. 3190 for the Certificates of Obligation. Council
member Stewart seconded the motion, which carried 7-0.
FOR: Mayor White, Council members Crompton, Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
Council member Crompton moved to approve Ordinance No. 3191 for the General Obligation Bonds. Council
member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Council members Crompton, Massey, Maloney, Lyles, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 8 -- Presentation, possible action, and discussion to approve a resolution
providing an exception to Policy to allow Mr. Thomas and Ms. Palasota to construct sewer infrastructure
necessary to connect their homes to the City sewer system.
Item was pulled for future agenda.
Regular Agenda Item No. 9 -- Presentation, possible action, and discussion on appointments of citizens to
the following committees: Cemetery Committee, Construction Board of Adjustments and Appeals,
Historic Preservation Committee, Parks and Recreation, Planning and Zoning Commission, and Zoning
Board of Adjustments.
Council member Crompton moved to approve Gary Erwin–Chair, Douglas Becker, Jon Denton, Kyle Gerard, and
Donald Williams to the Parks & Recreation Board for two year terms. Council member Massey seconded the
motion, which carried 7-0.
Council member Crompton moved to approve Mike Ashfield, Hugh Stearns, and Scott Shafer to the Planning &
Zoning Commission for 2 year terms. Council member Maloney seconded the motion, which carried 7-0.
17
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City Council Workshop Minutes
Thursday, July 9, 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
Council member Crompton moved to approve Joshua Benn and Richard Dabney to the Zoning Board of
Adjustments for a 2 year term. Council member Lyles seconded the motion, which carried 7-0.
Regular Agenda Item No. 10 -- Presentation, possible action, and discussion of appointments to
Committees as follows: Arts Council, Audit Committee, Brazos Co. Health Dept., Convention and Visitor
Bureau, Research Valley Partnership Board, Intergovernmental Committee, Sister Cities Association,
Transportation Committee.
Item moved to July 23, 2009 meeting.
Regular Agenda Item No. 11 -- Presentation, possible action, and discussion of Mayor Pro Tem
appointment.
Item moved to July 23, 2009 meeting.
Regular Agenda Item No. 12 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 10:25 p.m. on Thursday, July 9, 2009.
PASSED AND APPROVED this 23rd day of July, 2009
ATTEST: APPROVED:
_____________________________ ___________________________
City Secretary Connie Hooks Mayor Ben White
18
July 23, 2009
Consent Agenda Item No. 2b
Community Development FY 2010 Action Plan and Budget
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding the approval of a resolution
adopting the Economic and Community Development Department’s proposed FY 2010 Action Plan and
Budget.
Recommendation(s): Staff recommends approval of a resolution adopting the proposed Plan and
Budget, authorizing new allocations and expenditure of remaining balances, and for the City Manger to
execute all necessary documents.
Summary: The action requested is approval of a resolution adopting the proposed Plan and Budget
as presented at the June 25, 2009 Council Meeting. The U. S. Department of Housing and Urban
Development (HUD) requires the Plan and Budget be received by August 16th, therefore approval is
required on this agenda to meet the required application deadline. Amounts available next year include
$1,129,425 in Community Development Block Grant (CDBG) funds, $717,005 in HOME Investment
Partnership Grant (HOME) funds, and various carry-over amounts from previous allocations.
Council reviewed the draft FY 2010 Plan and Budget at its June 25th meeting. A public comment period
has been completed and comments received are included in the Plan. The Plan and Budget were
developed with input received from a series of public hearings, program committee meetings, needs
assessment studies, and citizen surveys. Information from the City’s 2005 – 2009 Consolidated Plan was
also used in preparing this year’s Action Plan. Plan goals and objectives were developed in accordance
with the Department’s Strategic Business Plan to best meet the unique needs of lower-income citizens,
and to provide support for families working towards self-sufficiency. Each year, the City must submit to
HUD an Action Plan that includes descriptions of projects and activities to be carried out with grant
funding. The proposed Plan and Budget were developed in accordance with HUD grant requirements
and are now being presented for approval.
CDBG and HOME funds may only be used to: (1) benefit low and moderate-income persons; (2) aid in
the elimination of slum and blight, and/or; (3) meet an urgent need. The City has traditionally used these
funds for a variety of activities, including: affordable housing programs (homebuyer assistance, security
deposit assistance, rehabilitation, replacement housing, new construction and minor repairs); funding of
direct services to low-income families; acquisition; demolition; code enforcement; commercial
rehabilitation; and park, street, infrastructure and public facility improvements in low-income areas of the
City.
Budget & Financial Summary: See attached financial summaries for the proposed FY 2010 Budget for
CDBG and HOME funds. Staff will be prepared to answer questions regarding the proposed FY 2010
Plan and Budget.
Attachments:
Attachment 1 – Proposed FY 2010 Community Development Budget Summary
Attachment 2 – Plan Development Process Summary
Attachment 3 – Proposed FY 2010 Public Service Funding Recommendations
Attachment 4 – FY 2010 Community Development Goals
Attachment 5 – Comments on Proposed FY 2010 Plan and Budget (Most current record will be provided
at the Council meeting)
Attachment 6 - Resolution for FY 2010 Action Plan and Budget
(Draft Action Plan and Budget provided to Council in the July 23, 2009 Agenda Packets)
19
Attachment 1: FY 2010 Proposed Community Development Budget
PROJECT CDBG & HOME
CARRY-OVER
CDBG & HOME NEW
ALLOCATIONS
CDBG & HOME
TOTAL PROPOSED
Owner-Occupied
Rehabilitation $196,353 $0 $196,353
Demolition $2,919 $7,081 $10,000
Acquisition $0 $661,071 $661,071
Interim Assistance $5,000 $0 $5,000
Homebuyer Assistance $85,352 $19,648 $105,000
CHDO $452,598 $107,551 $560,149
New Construction $114,699 $518,106 $632,805
Code Enforcement (PDS) $0 $85,416 $85,416
Code Enforcement (ECD) $0 $37,031 $37,031
Tenant Based Rental
Assistance $33,915 $0 $33,915
CHDO Operating
Expenses $118,246 $0 $118,246
Public Service Agency
(See Attachment 3) $0 $169,413 $169,413
Grant Administration $18,353 $241,113 $259,466
Total $2,873,865
20
Attachment 2: Plan Development Process Summary
Plan Development Process
Event Date
Pre-Application Workshop for Agencies Feb. 13th
1st Public Hearing on Plan & Budget March 10th
Agency Applications Due March 27th
JRFRC CDBG Public Service Application Review Meetings April 9th
April 16th
April 23rd
April 30th
May 7th
May 14th
May 21st
June 10th
June 11th
Begin 30-day Public Comment Period June 22nd
Council Presentation of Plan and Budget June 25th
2nd Public Hearing on Plan & Budget July 7th a
Adoption of Plan and Budget by Council July 23rd
Deadline for Submission to HUD Regional Office August 16th
21
22
Attachment 3: FY 2010 CDBG Public Service Funding Summary & Recommendations
FY 2010 CDBG Public Service Funding Summary & Recommendations
Agency Program Requested Recommended
Funding Funded Items
Client #’s
/Cost per
Client
Funding City
Voices for Children
Court
Appointed
Special
Advocates
$24,997 $24,997
Personnel &
Staff Training
& Training
Equipment
155
$161.27 Bryan
Scotty’s House Counseling
Program $17,224 $17,224 Personnel 135
$127.73 CS
Twin City Mission
The Bridge
Case
Management
$38,105 $30,896
Case Manager
& Client
Assistance
558
$55.37 CS
Brazos Valley Food Bank Backpack
Program $33,758 $25,000 Supplies 575
$58.71 Bryan
Brazos Maternal & Child Health
Clinic, Inc.
The Prenatal
Clinic $50,000 $22,000 Vitamins &
Medicine
1125
$19.56 CS
Mental Health Mental Retardation
Authority of Brazos Valley
Mary Lake
Drop-In Center $37,047 $19,985
Van,
Maintenance,
& Utilities
40
$69.32 CS & Bryan
Family Promise of Bryan –
College Station
Family Support
Services
Program
$15,000 $10,000 Contract Labor 60
$250 Bryan
Unity Partners dba Project Unity
Supervised
Visitation
Program
$35,000 $20,000 Personnel &
Security
650
$53.85 Bryan
Big Brothers Big Sisters of
Central Texas
BBBS of
Brazos Valley $24,744.17 $12,000 Personnel 215
$55.81 CS
Brazos County Rape Crisis
Center Inc., dba Sexual Assault
Resource Center (SARC)
Individual
Counseling $33,861.60 $18,500 Individual
Counseling
151
$123.33 CS
Health for All Mental Health
Counseling $34,440 $17,220 Personnel 175
$98.40 CS
Brazos Valley Rehabilitation
Center
Charitable
Services
Program
$50,000 $14,000 Charitable
Services
70
$200.00 CS
Mosaic Southeast Texas Day Habilitation $3,000 $0
Total $397,176.77 $231,822
City Department Programs
Kids Klub Subsidized
Tuition $21,000 $21,000 150
$140
Lincoln Center Summer
Program $13,800 $13,800 700
$19.71
23
Attachment 4: FY 2010 Community Development Goals
Housing Goals
► Ensure Adequate Affordable Rental Housing Opportunities for Lower Income Individuals
and Families
► Ensure adequate Affordable Housing Opportunities for Lower Income Special Needs
Populations
► Ensure Adequate Housing Assistance for Lower Income Home Owners
► Ensure Adequate Affordable Housing Opportunities for Lower Income Home Buyers
► Ensure Affordable, Safe and Secure Housing Opportunities for Lower Income Occupants
Homeless Goals
► Help low-income families avoid becoming homeless
► Reach out to homeless persons and assess their individual needs
► Address the emergency shelter and transitional housing needs of homeless persons
► Help homeless persons make the transition to permanent housing and independent living
Non-Housing Goals
► Encourage the Delivery of Human Services to Assist Families in Reaching Their Fullest
Potentials
► Support Public Facilities and Infrastructure to Provide Safe, Secure and Healthy
Environments for Families
► Expand Economic Opportunities for Development of Strong and Diverse Economic
Environment to Break Cycle of Poverty
► Revitalize Declining Neighborhoods in Support of Well Planned Neighborhoods for
Development of Families
24
Attachment 5: Comments Received & Final Revisions on the Proposed FY 2010 Action Plan &
Budget
Comments Received During the July 7th Public Hearing:
v One agency representative (Voices for Children) expressed appreciation for the City’s continued
stewardship to public service agencies.
v An agency representative (Twin City Mission) expressed appreciation for the City maintaining its
maximum allocation of 15% of CDBG for public service agencies. She added that this is especially
meaningful now as the housing crisis and recession has hit the nonprofit sector’s other sources of
funding.
v One agency representative (MHMR) stated his appreciation to the City for bringing HUD funding to the
area. He encouraged the City to continue allocating 15% of CDBG for public service agencies. He also
thanked those involved in the joint relief funding process.
v Another agency representative (MHMR) thanked the City for its outstanding technical assistance
provided to grant applicants.
v A City of Bryan representative provided a written comment: “On behalf of the City of Bryan Community
Development Services Department, we would like to express our sincere appreciation for the
cooperation and collaboration of the City of College Station Economic and Community Development
Department in planning and data collection and for coordinating support of the City of Bryan’s
application for NSP funding.”
Comments Received During the 30-Day Public Comment Period:
v ?
Final Revisions Made to the Proposed 2008 – 2009 Action Plan and Budget:
v ?
NOTE: Comments were received from local agency representatives at the July 7, 2009 Public Hearing and
during the 30-Day Public Comment Period. There are no changes to the specific program / project allocations as
recommended at the June 25th Workshop. Only the above noted updates, public comments, and responses to
comments were made to the draft as previously presented to Council.
25
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE FISCAL YEAR 2010 ACTION
PLAN AND BUDGET ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDS.
WHEREAS, the City of College Station is entitled to receive $1,129,425 in Community Development Block Grant (CDBG)
funds and $717,005 in Home Investment Partnership Program (HOME) funds from the United States Department of
Housing and Urban Development (HUD) in fiscal year 2010 and has prepared a Fiscal Year 2010 Action Plan and
Community Development Budget as required to secure these funds; and
WHEREAS, the City of College Station, Texas, has a Five–Year Consolidated Plan that has been approved by both HUD
and the City that guides the development of each year’s Action Plan and Budget; and
WHEREAS, the City of College Station, Texas, has an established Community Development Program under Chapter 373
of the Texas Local Government Code that (1) identifies areas of the City with concentrations of low and moderate income
persons; (2) establishes areas in which program activities are proposed; (3) provides a plan under which citizens may
publicly comment on activities; and (4) requires public hearings on program activities; and
WHEREAS, the City of College Station has provided adequate information to the citizens and an opportunity to participate
in the development of the City’s Fiscal Year 2010 Action Plan and Community Development Budget; and
WHEREAS, the City Council acknowledges that the adoption of the Fiscal Year 2010 Action Plan and Community
Development Budget is in the best interest of the City and is for the purpose of securing additional community
development resources for the primary benefit of low and moderate income citizens; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the City Council hereby approves the Fiscal Year 2010 Action Plan and Community Development
Budget which serves as the City’s application to HUD for CDBG and HOME funds;
PART 2: That the City Council hereby authorizes and designates the City Manager to sign all required applications,
certifications, evaluations and other forms required by HUD for the Fiscal Year 2010 Action Plan and
Community Development Budget on behalf of the City of College Station.
PART 3: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2009
APPROVED
ATTEST: Mayor
_____________________________
City Secretary
APPROVED:
_____________________________
City Attorney
26
July 23, 2009
Consent Agenda Item No. 2c
Impact Fees Semi-Annual Report and Compliance Certification
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion Semi-Annual Report on
Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02, and consideration for a Resolution to
support and execute a Compliance Certification Letter to the Attorney General.
Recommendation(s): Staff recommends approval of the Resolution.
Summary: The attached Impact Fee Semi-Annual Report is provided to the City Council in
accordance with the Texas Local Government Code Chapter 395.058. In short, the City of
College Station currently has five impact fee areas where all associated utility construction
is complete. All five of the impact fees were updated by Council in accordance with State
Law in either 2008 or 2009.
Additionally the Texas Local Government Code Chapter 395.082 requires an Annual
Certification Letter from the City to the Texas Attorney General by the last of day of City’s
fiscal year stating simply that the City’s impact fee program in compliance with State Law.
The Planning and Zoning Commission serves as the Impact Fee Advisory Committee per the
City of College Station Code of Ordinances Chapter 15: Impact Fees. On July 2, 2009 the
Advisory Committee discussed and unanimously recommended support the Semi-Annual
Report and Compliance Certification Letter to be forwarded to City Council for consideration.
Budget & Financial Summary: N/A
Attachments:
1. 07/02/09 Impact Fee Semi-Annual Report
2. Resolution
3. Compliance Certification Letter to the Attorney General
27
1101 Texas Avenue South, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
DATE: July 2, 2009
TO: Planning and Zoning Commission
FROM: Carol Cotter, P.E., Sr. Asst. City Engineer
SUBJECT: Semi-Annual Report – Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02
The City of College Station Ordinance Chapter 15, Impact Fees, designates the
Planning and Zoning Commission as the Advisory Committee for review, advisement,
and monitoring of proposed and existing impact fees. More specifically, the advisory
committee is established to:
1. Advise and assist the City in adopting Land Use assumptions.
2. Review the Capital Improvements Plan and file written comments.
3. Monitor and evaluate implementation of the Capital Improvements Plan.
4. File semi-annual reports with respect to the progress of the Capital
Improvements Plan.
5. Advise the City Council of the need to update or revise the Land Use
Assumptions, Capital Improvements Plan, and Impact Fees.
Currently the City of College Station has five impact fees in existence of which all
associated construction is complete. All five of the impact fees underwent a 5-Year
Update in either 2008 or 2009 (as noted below) in accordance with State Law. The
following is a current status report for each of the five impact fees:
92-01 Sanitary Sewer ( Graham Road ) ( 508 ac. ) __ $316.07/LUE
This fee was initially implemented in 1992 at $152.18 /LUE and was revised in
1996 to $289.77/LUE after approval of updated Land use Assumptions and
Capital Improvements Plan ( CIP ), revised again to the $232.04/LUE in 2000
and to the current amount in April of 2008. The CIP consists of three phases
28
originally estimated at $543,000 which have all been completed at a combined
cost of $473,518.72. Fees collected over the last 6 months are $0.00 for total
amount of $321,970.08 (per Account #250-0000-101.00-00).
97-01 Sanitary Sewer ( Spring Creek – Nantucket ) ( 2000 ac.) $98.39/LUE
This fee was implemented in December 1997 at $349.55/LUE and was revised
to the current amount in April of 2008. The CIP consists of Phase I (east of Hwy
6 ) and Phase II (west of Hwy 6 ). Phase I estimated to cost $1,000,000 was
completed in 1999 at a cost of $631,214.59. Phase II is estimated to cost
$1,350,000 which was completed at a cost of $813,752.00. The total actual cost
was $1,444,966.59. Fees collected over the last 6 months are $8,614.31 for
total amount of $523,556.73 (per Account #251-0000-101.00-00).
97-02B Sanitary Sewer ( Alum Creek – Pebble Hills ) ( 608 ac. ) $59.42/LUE
This fee was implemented in December 1997 at 243.38/LUE and was revised
to the current amount in April of 2008. The CIP consisted of running a 15"
sanitary sewer line from the south end of the College Station Business Park
westerly along Alum Creek to the east ROW of Highway 6. The project was
estimated to cost $390,000 and was completed in 1999 at a cost of
$214,270.87. Fees collected over the last 6 months are $0.00 for total amount
of $20,048.88 (per Account #252-0000-101.00-00).
99-01 Water ( Harley )( 158 ac. ) $769.91/LUE
This fee was implemented in April 1999 at $550.00/LUE and was revised to the
current amount in April of 2008. The CIP consists of running an 18" water line
south along the east ROW of Highway 6 approximately 4800'. The line was
estimated to cost $312,000 (the impact fee is based on an 8" line @ $165,000 ).
A 2400' section of the 18" line was constructed in 1999 from the south end at a
total cost of $342,977.73. Fees collected over the last 6 months are $0.00 for
total amount of $7,767.54 (per Account #240-0000-101.00-00).
03-02 Sanitary Sewer ( Steeplechase) (715 acres) $357.74/LUE
This fee was initially implemented in June 2003 at $300.00/LUE and was
revised to the current amount in May of 2009. This CIP was constructed in two
phases of sanitary sewer line construction in compliance with the proposed
construction in the original report establishing the fee. Phase one crossed
Wellborn Road and terminated at Old Wellborn Road consisting of 2,347 linear
feet of 18 inch sewer line with a construction cost of $296,642. Phase two was
completed in 2006 and continued the line along Old Wellborn Road and
terminated across RPR West. Phase two consisted of 6,281 linear feet of 12
inch line and 2,062 linear feet of 18 inch line for a construction cost of $529,088
and a land cost of $87,133. The design cost for the combined phases was
29
$148,023. The total actual cost was $1,091,886 which was less than the
original report estimated at $1,596,137. Fees collected over the last 6 months
are $11,400.00 for total amount of $17,416.03 (per Account #253-0000-101.00-
00).
The Texas Local Government Code Chapter 395.082 requires an annual certification
letter from the City to the Texas Attorney General stating essentially that the City’s
impact fee program is in compliance with state law. With your direction, this Semi-
Annual Report will be forwarded to City Council for their update and the Mayor’s
execution of the certification.
Attachments:
1. Impact Fee Service Areas Map
2. Compliance Certification Letter to Attorney General
30
31
32
33
NEW COVERSHEET FORMAT EXAMPLE 1
July 23, 2009
Consent Agenda Item No. 2d
Contract for Printing and Mailing of Utility Bills and Inserts
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion regarding award of the
services contract, for RFP 09-56 Outsourcing the Printing and Mailing of Utility Bills, late
notices and inserts for an estimated annual expenditure of $230,000 to Xpedient Mail.
Recommendation(s): Staff recommends approval of the contract with Xpedient Mail for
Outsourcing the Printing and Mailing of Utility bills, late notices and inserts for an estimated
annual expenditure of $230,000
Summary: The current contract with Pinnacle Data Systems expired on April 23,2009, and
we have been working under a series of month to month agreements since then. RFP’s
were sent to vendors that specialize in the printing and mailing of utility bills, notices and
inserts. Fifteen responses were received and evaluated with Xpedient Mail chosen as the
vendor that best meets the needs of the City of College Station. Xpedient Mail is located in
Bryan, Texas. For this project, Xpedient Mail will use the base bill product from Sungard
Public Sector software to produce and send the bills and notices. They will also print the
utility bill insert. In addition, Xpedient Mail will make images of an exact duplicate of the bill
available to city staff.
Budget & Financial Summary: We are sending out approximately 420,000 utility bills and
72,000 late notices annually. Currently we spend approximately $20,000 annually on
supplies (paper, envelopes, etc), $25,000 on professional services, $30,000 for printing of
the insert and $150,000 on postage. Funds are budgeted and available in the Utility
Customer Service and the Public Communications budget.
Attachments:
1. Services Contract with Xpedient Mail
34
35
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38
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40
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42
43
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45
46
47
48
49
50
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54
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56
57
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59
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62
July 23, 2009
Consent Agenda Item No. 2e
Month-to-Month Renewal Agreement for Utility Bill Print, Insert, Mail
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding ratification of a
month-to-month renewal agreement and authorization of expenditures for Utility Bill
Printing, Inserting and Mailing with Pinnacle Data Systems, LLC for $20,000.00 per month.
Recommendation(s): Staff recommends approval of the month-to-month renewal
agreement and authorization of expenditures with Pinnacle Data Systems for $20,000.00
per month.
Summary: The current contract expired April 23, 2009. New proposals were solicited and
received on April 30, 2009. In accordance with the terms and conditions of the original
contract, the City Manager approved a month-to-month renewal until a new contract could
be approved by Council. The monthly expenses incurred to date for May and June are
$40,000. Expenses for the month of July will exceed the City Managers delegated authority
and therefore this item is being presented for Councils ratification of the month-to-month
renewal agreement and authorization of expenditures with Pinnacle Data Systems, LLC for
$20,000.00 per month. The new contract recommended for award to Xpedient Mail is on
this Council agenda for approval.
Budget & Financial Summary: Funds are available and budgeted in the Utility Customer
Service Fund for Utility Bill Printing and Mailing; the General Fund, Communications
Department funds inserts that go into the utility bills.
Attachments:
Executed month-to-month renewal agreement
63
RENEWAL ACCEPTANCE
ACKNOWLEDGEMENT
By signing herewith, I acknowledge and agree to renew Contract 07-084 (RFP 07-34), for Utility
Bill Printing, Irlsertions and Mailing in accordance with all terms and conditions previously
agreed to and accepted on a month-to-month basis beginning Apiil 24, 2009 though May 24,
2009 and monthly thereafter until a new contract can be awarded. Monthly service fees shall not
exceed Twenty Thousand Dollars and N0/100 ($20,000.00).
PINNACLE DATA SYSTEMS, L.L.C.
CITY OP COLLEGE STATION
City Managbr
$-~-09
DATE
DATE
9/28 -0q
ATE
64
CITY OF COLLEGE STATION
By:
Mayor
Date:
ATTEST:
City Secretary
Date:
65
July 23, 2009
Consent Agenda Item No. 2f
Annual Steel Distribution Poles
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion awarding Bid
#09-71 for steel distribution poles (Group A) to Transamerican Power
Products for $116,815; self supporting steel distribution poles (Group B) to
Transamerican for $58,610; fiberglass composite distribution poles (Group
C) to HD Supply for $77,100; and self supporting fiberglass distribution
poles (Group D) to Techline for $9,675 for an estimated annual amount of
$262,200
Recommendation(s): Staff recommends award to the lowest, responsible
bidder meeting specifications by Group Total for an estimated yearly amount
of $262,200.00:
1) Group A and Group B Transamerican Power Products $175,425
2) Group C HD Supply $ 77,100
3) Group D Techline $ 9,675
Summary: These purchases will be made as needed during the term of the
agreement. The poles are maintained in the electrical inventory and
expensed as necessary. These poles are bought as needed and kept in stock
for emergency purposes also. The term of agreement shall be for one year
with up to two one-year renewal options.
Budget & Financial Summary: Ten (10) sealed, competitive bids were
received and opened on Friday, June 19, 2009. Funds are budgeted and
available in the Electrical Fund. Various projects may be expensed as
supplies are pulled from inventory and issued.
Attachments: Bid Tabulation #09-71
66
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68
July 23, 2009
Consent Agenda Item No. 2g
Audit Services
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a letter agreement with
Ingram, Wallis & Co., P.C. for Professional Auditing Services.
Recommendation(s): The Audit Committee recommends the City Council select Ingram,
Wallis & Co., P.C. to be the City’s external auditor and approve a letter agreement with
them for the fiscal year ending September 30, 2009 and with the potential for extending the
agreement annually for up to four additional years. A four member review committee
recommended to the Audit Committee either Weaver and Tidwell, L.L.P. or Ingram, Wallis &
Co., P.C. Staff concurs with the audit committee recommendation.
Summary:
In May 2009, staff solicited proposals for professional auditing services for the fiscal year
ending September 30, 2009 with the option of renewing the engagement for up to four (4)
subsequent years. The audits are to be performed in accordance with generally accepted
auditing standards, the standards set forth for financial audits in the General Accounting
Office's (GAO) Government Auditing Standards (2007), the provisions of the federal Single
Audit Act of 1984 (as amended in 1996), and the provisions of the U.S. Office of
Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and
Non-Profit Organizations.
Proposals were received from the following seven accounting firms.
· Belt Harris
· Clifton Gunderson
· Ingram, Wallis & Co
· Patillo Brown Hill
· Reznick Group
· Sanderson Knox
· Weaver and Tidwell
A committee consisting of Dr. James Flagg, Professor of Accounting at Texas A&M
University, Jeff Kersten CFO, Janet Dudding, Asst. Fiscal Services Director, Ty Elliot, City
Internal Auditor, reviewed the proposals and made a recommendation to the Audit
Committee. Weaver and Tidwell, L.L.P. and Ingram, Wallis & Co., P.C. received the highest
average score based on the evaluation completed by the committee members and were
recommended to the Audit Committee. Ingram, Wallis & Co., P.C. quoted a slightly lower
fee. The Audit Committee reviewed the recommendation and recommends Ingram, Wallis &
Co., P.C. Staff concurs with this recommendation.
The agreement is for a one-year period and has the option of four one-year renewals.
69
Budget & Financial Summary: Estimated fee costs for the five (5) years are as follows:
City BVSWMA Total
FYE 09/30/09 $ 79,000 $ 15,750 $ 94,750
FYE 09/30/10 82,000 16,500 98,500
FYE 09/30/11 86,000 17,000 103,000
FYE 09/30/12 91,000 18,000 109,000
FYE 09/30/13 95,000 19,000 114,000
Funds are available and budgeted in the General Fund, Fiscal Services Department,
Accounting Division, the Community Development Budget, and the BVSWMA budget.
Attachments: Letter Agreement is on file in the City Secretary’s Office.
70
July 23, 2009
Consent Agenda Item No. 2h
Dowling Road Substation Long Lead Items
To: Glenn Brown, City Manager
From: David Massey, Director of Electric Services
Agenda Caption: Presentation, possible action, discussion, and approval on awarding
Bid No. 09-54A for the purchase of various items for the Dowling Road Substation project
to J.H. Davidson & Assoc $44,340, FAPCo, LLC $61,050, Areva T&D $107,282, and Wesco,
Inc. $245,149 for a total of $457,821.
Recommendation: Staff recommends award to the lowest responsible bidders meeting
design specifications in each group of items for expenditures totaling $457,821.
I. J.H. Davidson & Assoc. $ 44,340.00 (6) Potential Transformers
II. FAPCo, LLC. $ 61,050.00 (6) Current Transformers
III. Areva T&D $107,282.00 (2) Gas Circuit Breakers
IV. Wesco, Inc. $172,672.00 (8) 1200A Dist. Circ. Breakers
V. Wesco, Inc. $ 72,477.00 (2) 3000A Dist. Circ. Breakers
TOTAL $457,821.00
Summary: These purchases will be made upon approval by Council. Since it may take as
long as 30 weeks for delivery on some of these items, it is necessary to make these
purchases as soon as possible. This will ensure that these items are available when the
Dowling Road Substation construction begins and that we make our date of completion
projections so we do not adversely affect system loading next summer.
Budget & Financial Summary: Eight (8) sealed, competitive bids were received. Funds
are budgeted and available in the Electrical Fund.
Attachments:
Bid Tab
71
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72
July 23, 2009
Consent Agenda Item No. 2i
Dowling Road Substation Circuit Switcher
To: Glenn Brown, City Manager
From: David Massey, Director of Electric Services
Agenda Caption: Presentation, possible action, discussion, and approval on awarding
Bid No. 09-54B for the purchase of circuit switchers for the Dowling Road Substation project
to KBS Electric in the amount of $167,237.40.
Recommendation: Staff recommends award to the lowest responsible bidder meeting
design specifications, KBS Electric for expenditures totaling $167,237.00.
I. KBS Electric $167,237.40 (2) Circuit Switchers
TOTAL $167,237.40
Summary: This purchase will be made upon approval by Council. Since, it may take as
long as 30 weeks for delivery after ordering, it is necessary to make this purchase as soon
as possible. This will ensure that these items are available when the Dowling Road
Substation construction begins, and that we make our date of completion projections so we
do not adversely affect system loading next summer.
Budget & Financial Summary: Only one (1) sealed, competitive bid was received. Funds
are budgeted and available in the Electrical Fund.
Attachments:
Bid Tab
73
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74
July 23, 2009
Consent Agenda Item No. 2j
Annual Curb, Gutter & Flatwork Price Agreement – Change Order No. 1
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the approval of Change
Order No. 1 to Contract No. 08-278 for Brazos Paving, Inc. This annual blanket purchase
order, for concrete curb/gutter & flatwork, is used to maintain City infrastructure. This
action increases the total amount of the contract from $411,000.00 to $513,750, an
increase of $102,750.
Recommendation(s): Staff recommends approval of Change Order No. 1 to Contract No.
08-278 for Brazos Paving, Inc. in the amount not to exceed $513,750.00 annually.
Summary: Maintenance of flatwork, curbs and gutters is contracted on an as needed
basis, by the Public Works Department and College Station Utilities. Both the Streets and
Drainage Division and the Water & Wastewater Division have completed a number of special
projects as well as normal maintenance operations. This increase will insure that there is
sufficient purchasing capacity to carry out operations through the expiration of the annual
blanket purchase order on October 5, 2009.
Budget & Financial Summary: Funding for this service comes from the operating
budgets for streets, drainage and utility maintenance.
Attachments:
1. Change Order #1
75
76
July 23, 2009
Consent Agenda Item No. 2k
Month-to-Month Renewal Agreement for Janitorial Services
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding ratification of a
month-to-month renewal agreement and authorization of expenditures with Shelby Building
Maintenance dba Professional Floor Service for $16,679.00 per month.
Recommendation(s): Staff recommends approval of the month-to-month renewal
agreement and authorization of expenditures with Shelby Building Maintenance dba
Professional Floor Service for $16,679.00 per month.
Summary: The current contract expired April 30, 2009. New proposals were solicited and
received on May 1, 2009. In accordance with the terms and conditions of the contract, the
City Manager approved a month-to-month renewal until a new contract could be approved
by Council. The monthly expenses incurred to date for May and June are $33,358.
Expenses for the month of July will exceed the City Managers delegated authority and
therefore this item is being presented for Councils ratification of the month-to-month
renewal agreement and authorization of expenditures with Shelby Building Maintenance dba
Professional Floor Service for $16,679.00 per month. Staff anticipates bringing a new
contract for janitorial maintenance services to Council on or before August 31, 2009.
Budget & Financial Summary: Funds are available and budgeted in the General Fund,
Facilities Maintenance Division.
Attachments:
Executed month-to-month renewal agreement
77
RENEWAL ACCEPTANCE
ACKNOWLEDGEMENT
By signing herewith, I acknowledge and agree to renew Contract #06-197 (Bid #06-93), for
Annual Janitorial Maintenance Service in accordance with all terms and conditions previously
agreed to and accepted on a month-to-month basis beginning May 1,2009 through May 3 1,2009
and monthly thereafter until a new contract can be awarded. Monthly service fees shall not
exceed Sixteen Thousand Six Hundred Seventy Eight Dollars and 681100 ($16,678.68).
Professional Floor Service & Janitorial
P.O. Box 4530
Bryan, TX 77805
Steve Taylor
CITY OF COLLEGE STATION
h
'eitf Manager /
47,sA4
DATE
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DATE
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DATE '
78
CITY OF COLLEGE STATION
By:
Mayor
Date:
ATTEST:
City Secretary
Date:
79
June 23, 2009
Consent Agenda Item No. 2L
Local Rabies Control Authority Resolution
To: Glenn Brown, City Manager
From: Jeff Capps, Interim Chief of Police
Agenda Caption: Presentation, possible action, and discussion regarding a
resolution to name the Brazos Animal Shelter as the Local Rabies Control
Authority for the City of College Station, replacing the Chief of Police as the
Local Rabies Control Authority. Brazos Animal Shelter Director Ashley Wesp
has agreed to take over this responsibility.
Recommendation(s): Approval of a resolution allowing the City to
authorize the Brazos Animal Shelter as the Local Rabies Control Authority for
the City of College Station.
Summary: Chapter 826 of the Health and Safety Code, the Rabies Control
Act of 1981, expressly authorizes a governing body of a municipality to
contract with public or private entities to carry out activities required or
authorized under said chapter. The City of College Station wishes to
contract with the Brazos Animal Shelter and designate the Shelter as the
Local Rabies Control Authority. The Shelter is currently Local Rabies Control
Authority for Brazos County and the City of Bryan.
Budget & Financial Summary: The City of College Station will not incur
any costs associated with this resolution.
Attachments:
1. Agreement between City of College Station and Brazos Animal Shelter.
2. Resolution.
80
Exhibit “A”
RABIES CONTROL ACT AGREEMENT BETWEEN CITY OF COLLEGE
STATION AND BRAZOS ANIMAL SHELTER, INC.
THIS AGREEMENT is made between the CITY OF COLLEGE STATION, a home rule
municipal corporation, incorporated under the State of Texas (hereinafter referred to as the “City”),
and the BRAZOS ANIMAL SHELTER, INC., a Texas Non-Profit Corporation (hereinafter
referred to as the “Shelter”):
WHEREAS, College Station, Texas, is a home-rule City duly organized and functioning
in accordance with the laws of the State of Texas; and
WHEREAS, the Shelter operates an animal shelter that strives to reduce animal control
problems, including rabies control, in the Brazos County; and
WHEREAS, the City operates a rabies control program utilizing people and equipment
that also work with the Shelter; and
WHEREAS, Chapter 826 of the Health and Safety Code, known as the Rabies Control
Act of 1981 (hereinafter referred to as the “Act”), expressly authorizes a governing body of a
municipality to contract with public or private entities to carry out activities required or
authorized under said chapter; and
WHEREAS, the City wishes to contract with the Shelter its duties and authorization
under the Act and designate the Shelter the Local Rabies Control Authority and Officer and
assume duties relating thereto;
NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual
covenants and promises contained herein, City and Shelter agree and contract as follows:
ARTICLE I
DEFINITIONS
1.1 “City” shall mean the City of College Station, Texas.
1.2 “Local Rabies Control Authority” shall mean the Officer designated by the City to act as
the local rabies control authority as set forth pursuant to the Act.
1.3 “Rabies Control Services” shall mean the services provided by the Shelter in accordance
with this Agreement which are necessary to effectively carry out and enforce a rabies control
program for the City as set forth pursuant to the Act.
1.4 “Shelter” shall mean the facility known as the Brazos Animal Shelter, at 2207 Finfeather
Road in Bryan, Brazos County, Texas.
ARTICLE II
DESIGNATION OF RABIES CONTROL
81
Brazos Animal Shelter Agreement for Rabies Control 2
2.1 The City designates the Shelter as the Rabies Control Officer and to act as the Local
Rabies Control Authority as authorized under the Act and to perform any and all duties for the
City as required or allowed pursuant to such Act for local rabies control services.
2.2 The Shelter agrees to perform as the Rabies Control Officer and to act as the Local
Rabies Control Authority as authorized by the City and as authorized pursuant to the Act. The
authority and designation extends within incorporated boundaries of the City and as set forth in
this Agreement.
ARTICLE III
TERM AND TERMINATION
3.1 This Agreement shall be effective for a period of one (1) year from the date of approval
and shall be automatically renewed unless terminated pursuant to approval by this Agreement.
3.2 This Agreement may be terminated by either party, with or without cause, by giving the
other party sixty (60) days advance written notice.
ARTICLE IV
EXPRESS PROVISIONS
4.1 The City will not provide any equipment or assets to the Shelter and understands the
Shelter’s equipment and assets are property of the Shelter.
4.2 Shelter shall contract and purchase from its own budget all supplies, equipment, materials
and services, including professional services, necessary to provide Rabies Control Services for
City as set forth in this Agreement.
4.3 Shelter shall, in addition to its other duties, be responsible for the hiring and training of
all its employees and the contracting of services or supplies associated with the provision of
Rabies Control Services for City.
4.4 No employee, trustee, or manager of the Shelter shall at any time be considered a City
employee.
4.5 Shelter shall submit a comprehensive annual report of all Rabies Control Services
performed for the City within thirty (30) days of the close of each fiscal year. Shelter shall
provide to City, upon request, a copy of any other report which it may be required to prepare and
submit to any federal, state or local jurisdiction in performing its Rabies Control Services for the
City.
ARTICLE V
INDEMNIFICATION AND RELEASE
5.1 Shelter agrees to indemnify and hold harmless the City, its officers, agents, and
employees from and against any and all loss, costs, or damage of any kind, nature, or
description that may arise out of or in connection with this Agreement whether or not the
claim or cause of action results from any negligence of the City or any of its officers, agents,
or employees.
82
Brazos Animal Shelter Agreement for Rabies Control 3
5.2 Shelter assumes full responsibility for the work to be performed and services to be
provided hereunder, and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from any and all claims, demands, causes of action of every kind
and character, including the cost of defense thereof, for any injury to, including death of,
any person (whether employees or agents of either of the parties hereto or third persons)
and any loss of or damage to property (whether the property is that of either of the parties
hereto or of third parties) that is caused by or alleged to be caused by, arising out of, or in
connection with the Shelter’s work or services provided hereunder whether or not said
claims, demands, or causes of actions are covered in whole or part by insurance.
5.3 Shelter shall at all times relevant to the fulfillment of this Agreement have, keep,
and maintain insurance protecting itself, with City as an additional insured, See Exhibit A
for required limits of insurance. Certificates of insurance are attached as Exhibit B.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1 This Agreement and each provision hereof, and each and every right, duty, obligation, and
liability set forth herein shall be binding upon and inure to the benefit and obligation of City and
Shelter and their respective successors and assigns.
6.2 Shelter certifies that it will not limit services or give preference to any person assisted
through this Agreement on the basis of religion and that it will provide no religious instruction or
counseling, conduct no religious worship or services, and engage in no religious proselytizing in
the provision of services or the use of facilities or furnishings assisted in any way under this
Agreement.
6.3 This Agreement has been made under and shall be governed by the laws of the State of
Texas.
6.4 Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
6.5 Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby represent
that they have authorization to sign on behalf of their respective organizations.
6.6 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of this Agreement,
any part hereof, or the right of either party thereafter to enforce each and every provision hereof.
No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be
in writing and signed by the party claimed to have waived. Furthermore, any consent to or
waiver of a breach will not constitute consent to or waiver of or excuse of any other different or
subsequent breach.
6.7 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
83
Brazos Animal Shelter Agreement for Rabies Control 4
6.8 This Agreement and the rights and obligations contained herein may not be assigned by
any party withou t the prior written approval of the other parties to this Agreement.
6.9 It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
6.10 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties shall use
their best efforts to replace the respective provision or provisions of this Agreement with legal
terms and conditions approximating the original intent of the parties.
6.11 It is understood that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements, or understandings between the
parties relating to the subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or
terminated orally. No verbal agreement or conversation with any officer, agent, or employee of
any party before or after the execution of this Agreement shall affect or modify any of the terms
or obligations hereunder.
6.12 This Agreement may be amended at any time, in writing, by mutual consent of both
parties and subject to the approval of the City and Shelter.
6.13 Any notice sent under this Agreement (except as otherwise expressly required) shall be
written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written
confirmation at substantially the same time as such electronic or facsimile transmission, or
personally delivered to an officer of the receiving party at the following addresses:
City: City of College Station
1101 Texas Avenue
College Station, Texas 77840
Shelter: Brazos Animal Shelter
2207 Finfeather Road
Bryan, Texas 77801
Each party may change its address by written notice in accordance with this section. Any
communication addressed and mailed in accordance with this section shall be deemed to be
given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed
to be given when receipt of such transmission is acknowledged, and any communication so
delivered in person shall be deemed to be given when receipted for by, or actually received by,
the City or the Shelter, as the case may be.
84
Brazos Animal Shelter Agreement for Rabies Control 5
Executed this the day of , 2009.
BRAZOS ANIMAL SHELTER, INC. CITY OF COLLEGE STATION
By: By: _______________________________
Mayor
Printed Name:
Title:
Date:
ATTEST:
City Secretary
APPROVED:
City Manager Date
City Attorney Date
Chief Financial Officer Date
85
Brazos Animal Shelter Agreement for Rabies Control 6
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of , 2009,
by in his/her capacity as of
______________________________________.
Notary Public in and for
the State of Texas
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of , 2009,
by in his capacity as Mayor of the City of College
Station, a Texas home-rule municipality, on behalf of said municipality.
Notary Public in and for
the State of Texas
86
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING AND AUTHORIZING BRAZOS ANIMAL SHELTER, INC. TO
ACT AS THE LOCAL RABIES CONTROL AUTHORITY AND OFFICER.
WHEREAS, the City of College Station operates a Rabies Control Program in
conjunction with the Brazos Animal Shelter; and
WHEREAS, the Brazos Animal Shelter (hereinafter referred to as the “Shelter”) operates
an animal shelter that strives to reduce animal control problems in the Brazos County, including
rabies control; and
WHEREAS, the City wishes to contract with the Shelter its duties and authorization
under Chapter 826 of the Health and Safety Code, the Rabies Control Act of 1981, as amended,
by designating the Shelter the local Rabies Control Authority for the City with associated duties;
now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1 That the facts and recitations set forth in the preamble of this resolution
are hereby declared true and correct.
PART 2: That the City Council hereby approves the designation of the Shelter as
the Rabies Control Officer and to act as the Local Rabies Control
Authority for the City of College Station, along with associated duties, and
said agreement is attached hereto as Exhibit “A”.
PART 3: That this resolution shall take effect immediately from and after its
passage by the City Council.
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
87
July 23, 2009
Consent Agenda Item No. 2m
Copier Purchase
To: Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval
of the purchase of copy machines from DocuMation in an amount not to exceed
$76,061.00. This purchase is made pursuant to our Interlocal Agreement with
Purchasing Solution Alliance (a program of the Brazos Valley Council of
Governments).
Recommendation(s): Staff recommends approval.
Summary: On June 12, 2008, Council approved (Consent Agenda Item # 2.d.) an
Interlocal Purchasing Agreement between the City and Purchasing Solutions Alliance
(PSA) (a program of the Brazos Valley Council of Governments) for the purpose of
entering into a cooperative purchasing agreement. This ILA allows the City of
College Station to “piggyback” contracts that have been awarded by the Council of
Governments. DocuMation has been awarded the contract for Business Technology
Solutions (contract no. 08-103) which includes copier rentals and purchases.
The City CURRENTLY owns and maintains 23 Black and White copiers located
throughout the city. These copiers are on a replacement cycle based on the age of
the copier, the total number of copies the machine has made, and the maintenance
history of the copier.
This purchase replaces seven of these copiers plus one additional copier for use at
the new Adamson Lagoon bathhouse.
Budget & Financial Summary: Funding for this purchase is in the Equipment
Replacement Fund.
Attachments:
DocuMation Proposal and Quote
88
DOCUMATION INC. CONFIDENTIAL Data
Exclusive Proposal
For
City of College Station
by
Boyd Sheffield
The contents in this presentation are for the sole use of City of College Station and cannot be shared
with individuals or entities outside the offices of City of College Station. No reproduction or other
uses of this material is allowed.
89
DOCUMATION INC. CONFIDENTIAL Data
Docu-Manage Order Agreement
PSA Contract 08-103
Including all addendums incorporated herein by reference
Cash Price
For Legal and Finance $11,929
Ricoh MP 5000SP
Automatic document feeder
3,000-sheet finisher with bridge unit
2,000-sheet paper deck
Options
Fax Board (SPF version of machine) $841
Hole punching capabilities $612
For Conference Center, Public Works, Lincoln Center, Carter Creek WW, and
Police Department: Patrol
Ricoh MP 3550SP $7,442
Automatic document feeder
2 Paper Drawer and 100 sheet bypass
500-Sheet staple finisher with bridge unit
Cabinet
Options
Fax Board (SPF version of machine) $839
2 Additional Drawers (replaces cabinet) $920
Hole Punching $2,016
(** must replace 5000-sheet finisher with booklet finisher)
Changes in equipment and/or volume may be made prior to contract term.
90
July 23, 2009
Consent Agenda Item No. 2n
Water/Wastewater City-wide Impact Fee Study
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding a resolution to
award a professional services contract to HDR Engineers in the amount of $49,671 to
conduct a study to determine what amount is allowable, under State Law, to be charged for
City-wide impact fees for water and wastewater.
Recommendation: Staff recommends approval of this resolution.
Summary: City Council previously directed staff to investigate City-wide impact fees for
the water and wastewater systems. However, the Comprehensive Plan and the Master
Plans for water and wastewater had to be completed before these impact fees could be
determined. Staff is now following through on Council direction with a study to determine
what City-wide impact fees can be established. However, since that direction was given
approximately two years ago, this item will be discussed during the Workshop session of
this City Council meeting.
This resolution is on the Consent agenda for action to be taken.
HDR Engineers was determined to be the most qualified firm to conduct this study, based on
the on-going master planning work they have with the Water Services Department.
Budget & Financial Summary: A Service Level Adjustment (SLA) for this Study was
approved for this fiscal year, and funding is available in the Water and Wastewater
operating budgets.
Attachment:
Resolution
91
92
July 23, 2009
Consent Agenda Item No. 2o
Contract Amendment for Strong Surveying Services at Twin Oaks Landfill
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion to amend Professional
Services Contract #06-175 with Strong Surveying, Inc. for Twin Oaks Landfill Phase One
Survey Support to include the City of Bryan on the contract in an amount not to exceed
$174,000.00.
Recommendation(s): Staff recommends approval to amend Professional Services
Contract #06-175 with Strong Surveying, Inc. for Twin Oaks Landfill Phase One Survey
Support to include the City of Bryan on the contract in an amount not to exceed
$174,000.00.
Summary: A contract dated May 1, 2006, with Strong Surveying was approved by the
College Station City Council on April 13, 2006 for the Phase One Survey Support for the
Twin Oaks Landfill. The contract is for a not to exceed amount of $174,000.00 of which
$87,535.00 has been paid using BVSWMA funds. The City of Bryan is requesting to be
added as a party to the contract with the Bryan City Council approving expenditure of funds.
Budget & Financial Summary: Funds are budgeted and available for this project in the
BVSWMA Capital Improvement Project Fund. This contract amendment will require the
approval of the Bryan City Council.
Attachments:
1. Strong Surveying Contract Amendment
2. Contract #06-175 (Contract available in City Secretary’s Office)
93
AMENDMENT No 1
CONTRACT FOR PROFESSIONAL SERVICES
State Highway 30 Landfill Phase One Survey Support
Amendment to Professional Services Contract
This amendment is to add the City of Bryan to the contract dated 512006for State HighwayPhaseOneSurveySupportforanottoexceedamountof17400000
Amend the definition of the City to be the City of College Station Texas and the City of
Bryan Texas
Replace all locations within the contract where City of College Station is mentioned and replace
with City of College Station and City of Bryan
Add to section 1402
City ofBryan
Attn Linda Huff
PO Box 1000
Bryan Texas 77805
STRONG SURVEYI
BY l
Printed Name H Curtis Strong
Title o vlnl R
Date 1 oq
CITY OF COLLEGE STATION CITY OF BRYAN
By
Ben White Mayor
By
D Mark Conlee Mayor
94
95
July 23, 2009
Consent Agenda Item No. 2p
Contract Amendment for CSC Engineering and Environmental Consultants, Inc.
Services at Twin Oaks Landfill
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion to amend Professional
Services Contract #05-033 with CSC Engineering and Environmental Consultants, Inc. for
Program Management and Technical Services for the Development of the Twin Oaks Landfill
Project to include the City of Bryan on this contract not to exceed $1,127,500.00, and to
amend the scope of services to remove the transition planning for the Rock Prairie Landfill
to become a City of College Station park.
Recommendation(s): Staff recommends approval to amend Professional Services
Contract #05-033 with CSC Engineering and Environmental Consultants, Inc. for Program
Management and Technical Services for the Development of the Twin Oaks Landfill Project
to include the City of Bryan on the contract in an amount not to exceed $1,127,500.00, and
to amend the scope of services to remove the transition planning for the Rock Prairie
Landfill to become a City of College Station park.
Summary: A contract dated January 4, 2005, with CSC Engineering and Environmental
Consultants, Inc. (CSC) was approved by the College Station City Council on December 9,
2004 for the engineering and environmental services related to the Program Management
and Technical Services for the development of the Twin Oaks Landfill. The contract is for a
not to exceed $1,127,500.00. BVSWMA has expended funds ($201,775.82) to pay for
services on this contract. The City of Bryan is requesting to be added as a party to the
contract with the Bryan City Council approving expenditure of funds and amending the
scope of services to remove transition planning for the Rock Prairie Landfill to become a City
of College Station park.
This contract provides for quality control/quality assurance during construction of the
composite liner for the Twin Oaks Landfill. Some additional services include installation of
methane and groundwater monitoring wells around the footprint of the disposal areas, and
two years of groundwater quality testing. All services are required by Texas Commission on
Environmental Quality regulations during liner construction and initial waste acceptance
phases.
Budget & Financial Summary: Funds are budgeted and available for this project in the
BVSWMA Capital Improvement Project Fund. This contract amendment will require the
approval of the Bryan City Council.
Attachments:
1. CSC Engineering and Environmental Consultants Contract Amendment
2. Contract #05-033
96
AMENDMENT No 1
CONTRACT FOR PROFESSIONAL SERVICES Testing and Inspections
Program ManagementTechnical Assistance and Environmental ComplianceConstruction Quality
Assurance
Amendment to Professional Services Contract
This amendment is to add the City of Bryan to the contract dated 142005 for Program
ManagementTechnical Assistance and Environmental ComplianceConstruction Quality
Assurance for a not to exceed amount of 112750000
Amend the definition of the City to be the City of College Station Texas and the City of
Bryan Texas
Replace all locations within the contract where City of College Station is mentioned and replace
with City of College Station and City of Bryan
Amend the scope of services to remove the transition planning for the Rock Prairie Landfill to
become a City of College Station park
Add to section 803
City of Bryan
Attn Linda Huff
PO Box 1000
Bryan Texas 77805
CSC Engineering and Environmental Consultants Inc
BY N l
Printed Name Bill Cullen
Title S 10 fNT
Date 31ty 13 do9
CITY OF COLLEGE STATION CITY OF BRYAN
By
Ben White Mayor
By
D Mark Conlee Mayor
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July 23, 2009
Consent Agenda Item No. 2q
Exempt Purchase for BVSWMA Litigation Professional Services
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion to authorize funds for
professional services from Coats, Rose, Yale, Ryman & Lee PC for litigation concerning the
Brazos Valley Solid Waste Management Agency (BVSWMA) in the amount of $90,000.00.
Approval by the Council of this request will ratify $56,808.46 expended and provide funds
for additional legal costs associated with this project through September 30, 2009.
Recommendation(s): Staff recommends approval of $90,000.00 in funds for this project
as listed.
Summary: $56,808.46 has been expended to date for BVSWMA litigation services from
Coats, Rose, Yale, Ryman & Lee PC. There will also be additional costs for legal services that
have not yet been billed to the City. Approval by the Council of this request will ratify the
$56,808.46 already expended and cover the additional legal costs associated with this
project.
This request for approval of additional funds is for professional services from Coats, Rose,
Yale, Ryman & Lee PC and is thereby exempt from competitive bidding in accordance with
LGC 252.022 (a)(4) procurement for personal, professional, or planning services:
Purchase Order:
Purchase Order #090319 - $90,000.00
Budget & Financial Summary: Funds for the additional professional services are not
budgeted in the FY 2009 City of College Station General Fund.
Attachments: None.
123
July 23, 2009
Consent Agenda Item No. 2r
Exempt Purchase for BVSWMA Litigation Professional Services
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion to authorize additional
funds for professional services from Bickerstaff, Heath, Delgado & Acosta, LLP. for litigation
concerning the Brazos Valley Solid Waste Management Agency (BVSWMA) in the amount of
$45,000.00 for total funds of $297,000.00. Approval by the Council of this request will
provide funds for additional legal costs associated with this project through September 30,
2009.
Recommendation(s): Staff recommends approval of $45,000.00 in additional funds for
this project as listed.
Summary: This request for approval of additional funds is for professional services from
Bickerstaff, Heath, Delgado & Acosta, LLP. for litigation concerning the Brazos Valley Solid
Waste Management Agency (BVSWMA) and is thereby exempt from competitive bidding in
accordance with LGC 252.022 (a)(4) procurement for personal, professional, or planning
services:
Purchase Order:
Purchase Order #081060 - $297,000.00
Budget & Financial Summary: Funds for the additional professional services are not
budgeted in the FY 2009 City of College Station General Fund.
Attachments: None.
124
July 23, 2009
Consent Agenda Item No. 2s
BVSWMA/Grimes County Royalty Payments
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion to approve BVSWMA
royalty payments to Grimes County for FY2009 in an amount not to exceed $250,000, which
amount includes ratification of a total of $104,383.95 in royalty payments made to Grimes
County in FY2009, and approval of $31,349.50 in royalty payments to Grimes County to
correct payments made from October 2006 to the present.
Recommendation(s): Staff recommends approval of the annual royalty expenditures of
$250,000 for FY2009, which amount includes ratification of three previous quarterly
payments in the amounts of $34,827.64, $32,292.41 and $37,263.90 (a total of
$104,383.95), and a one-time expenditure of $31,349.50 for back payments to Grimes
County as per the royalty ratio provided in the interlocal agreement.
Summary: In April 2002, the City of College Station, City of Bryan, and Grimes County,
entered into an interlocal agreement regarding the future landfill disposal facility. The cities
agreed to pay Grimes County a host fee in the form of a royalty for every ton of revenue
generating municipal solid waste (MSW) at the existing Rock Prairie Road Landfill and the
future facility in Grimes County. Upon review of the agreement, the payment per ton was
defined as a ratio that should be calculated annually. The royalty payment from October
2006 to the present calculated as a ratio of tipping fee to state pass-through fee is 54 cents
per ton. A one-time expenditure of $31,349.50 is necessary to rectify the past quarterly
royalty payments paid to Grimes County from October 2006 to the present based on the
newly calculated ratio. In addition, three royalty payments for FY2009 in the amount of
$34,827.64 for September 2008 to November 2008, $32,292.41 for December 2008 to
February 2009, and $37,263.90 for March 2009 to May 2009 have been paid to Grimes
County and the total exceeds the $50,000 expenditure limit, thus requiring approval by both
College Station and Bryan City Councils as per the BVSWMA mediated settlement between
the two cities.
Budget & Financial Summary: Funding for the quarterly royalty payments is available
in the BVSWMA Fund.
Attachments:
Interlocal Agreement
125
AGREEMENT
BY AND BETWEEN GRIMES COUNTY, TEXAS,
THE CITY OF BRYAN, TEXAS, and THE CITY OF COLLEGE STATION, TEXAS
This Agreement is made this d& day of $ erL 2002, between GRLMllS
COUNTY, TEXAS ("Grimes County" or the "County ), the CITY OF BRYAN, TEXAS
("Bryan"), and the CITY OF COLLEGE STATION, TEXAS ("College Station"). Bryan
and College Station are collectively referred to in this Agreement as "the Cities".
RECITALS
WHEREAS, the Cities of Bryan and College Station entered into an interlocal
agreement on May 3, 2000 to form the Brazos Valley Solid Waste Management Agency
("BVSWMA");
WHEREAS, the Cities, through BVSWMA, provide solid waste disposal services on a -'
regional basis;
WHEREAS, the Cities have determined that it is necessary to permit a new landfill in
order to continue to serve the region they presently serve so as to protect the health, safety,
and welfare of the public and to protect the environment;
WHEREAS, the Cities, acting through BVSWMA, filed an application with the
TNRCC for a land use only hearing on April 13, 2001 for the proposed landfill;
WHEREAS, Grimes County has adopted an ordinance which prohibits the disposal of
solid waste at this proposed location pursuant to the Texas Health and Safety Code Provisions,
but upon adoption of this Agreement is prepared to amend such ordinance in a manner
identical to the attached draft ordinance, attached hereto as Exhibit A;
WHEREAS, Grimes County has determined that the landfill, if properly designed and
operated, is compatible land use within the County;
WHEREAS, the Cities have determined that it is appropriate to provide Grimes County
with a host fee to aid the County in the maintenance of its roads and to offset other potential
costs Grimes County may incur as a result of the operation of the proposed landfill.
NOW THEREFORE, in consideration of the mutual covenants and conditions specified
herein, Grimes County and the cities of Bryan and College Station agree as follows:
1. Agreement to Operate Landfill
The Cities agree to seek to obtain a permit to construct, maintain, and operate a new
landfill, to be called the BVSWMA State Highway 30 Landfill ("State Highway 30 Landfill")
Agreement By and Between Grimes County, Texas
The City of Bryan, Texas and The City of College Station Texas
Page 1 of 7
126
on a portion or all of that certain tract of land consisting' of approximately 1200 acres and
being comprised of all of that tract of land described in Exhibit B ") and further agree to the
following:
a. Pursuant to a permit to be issued by the Texas Natural Resource
Conservation Commission the cities will operate the landfill as a
municipal solid waste landfill as such is defined in 30 Tex. Admin. Code
330.2(80). The cities shall not seek a permit for an industrial hazardous
waste facility on the property described in Exhibit B.
b. The cities will not assign, convey, lease, or otherwise transfer their
rights and responsibilities for the ownership or operation of the landfill
or any part of the property described in Exhibit B unless the conveyance
contains a condition prohibiting the use of the property as a separately
permitted industrial hazardous waste facility.
c. A representative of Grimes County designated by the Commissioners
Court shall be granted non-voting membership on the Board of
BVSWMA. The Grimes County representative shall not attend any
executive sessions and shall have no right to review the minutes or any
other documents or recordings related to the executive session. The
Grimes County representative shall have a reasonable right to enter the
landfill property during regular business hours to inspect the operations
of the landfill but shall not disrupt or otherwise interfere with those
operations. If the Grimes County representative chooses to enter the
landfill property, he will do so at his own risk and BVSWMA shall not
be liable for any injuries suffered by the Grimes County representative
while on the property.
d. The landfill will accept municipal solid waste from entities and
individuals located in Grimes County, upon the same terms and
conditions as waste accepted from similar entities and individuals outside
Grimes County.
e. The landfill will be designed and operated so as to prevent traffic
congestion at the entrance on SH 30 by ensuring adequate capacity for all
vehicles which enter the landfill property. The site shall be maintained
in a clean, professional manner in accordance with TNRCC regulations.
f. Expansion of the landfill up to 1200 acres will be limited to an eastward
direction from the original 609 acre site.
2. Agreement Not to Oppose Landfill
Agreement By and Between Grimes County, Texas
The City of Bryan. Texas and The City of College Station Texas
Page 2 of 7
127
Grimes County agrees not to oppose the application by the Cities to locate the State
Highway 30 Landfill, on all or a portion of the land described in Exhibit B so long as the terms
and conditions in this Agreement are being complied with by the Cities. Specifically, Grimes
County agrees to the following:
a. Grimes County, its Commissioners Court or any member of its
Commissioners Court as a representative of Grimes County will not
directly, or through any representative or agent, seek party status or
otherwise participate in any proceedings before the TNRCC, or any
other state agency, or federal or state tribunal, or local proceeding for
the purpose of opposing the issuance of a permit (or amendment) for the
State Highway 30 Landfill or related facilities; or take any action adverse
to the issuance of a permit for the State Highway 30 Landfill or any
related facilities in any other approval process.
b. Grimes County, its Commissioners Court or its Commissioners in their
representative capacity will not directly or indirectly assist, encourage,
fund or otherwise support any individual or any other party in opposition
to the issuance of a permit for the State Highway 30 Landfill or related
facilities.
c. Grimes County, its Commissioners Court or its Commissioners in their
representative capacity will not print, publish or distribute any materials
that may be detrimental to the approval of the State Highway 30 Landfill
project or related facilities.
3. County Ordinances and Resolutions
Grimes County agrees that it will not adopt any ordinance or any other authority that
attempts to prohibit the disposal of municipal solid waste on the tract described in Exhibit B
pursuant to Texas Health & Safety Code 5361.162, $363.112, $364.012, or any other
authority. Additionally, Grimes County agrees that it will not take any other action that has
the intent andlor effect of impairing the Cities' ability to receive any governmental permit or to
expand the State Highway 30 Landfill within the tract described in Exhibit B as a municipal
solid waste landfill as that term is defined in Section 30 T.A.C. 330.2. Finally, Grimes
County agrees to amend its solid waste ordinance in a manner identical to the attached draft
ordinance, attached hereto as Exhibit A, in order to designate that municipal solid waste may
be disposed of on the property described in Exhibit B. Once the parties have approved and
executed this Agreement and Grimes County has amended its ordinance, Grimes County shall
retract all of the letters sent to the TNRCC objecting to the Cities' MSW application. No
royalties shall be payable to Grimes County under this Agreement based on any tonnage
received prior to Grimes County's amendment of its ordinance and retraction of its letters in
accordance with this paragraph.
4. Host Fee
Agreement By and Between Grimes County, Texas
The City of Bryan, Texas and The City of College Station Texas
Page 3 of 7
128
Subject to the limitations set forth herein, the Cities shall pay Grimes County a host fee
in the form of a royalty for every ton of revenue generating municipal solid waste (MSW)
received at the State Highway 30 Landfill. During the time period prior to the State Highway
30 Landfill's first receipt of waste, BVSWMA shall pay a royalty for every ton of revenue
generating MSW received at the existing Rock Prairie Road Landfill. The amount of royalty
shall be $.50 per ton of revenue generating MSW received during the first full year (June 1
through May 30) in which this Agreement is in effect. The amount of royalty per ton of
revenue generating MSW received during subsequent years shall be determined using the
method discussed in section 5 of this Agreement.
The amount of royalty due is to be calculated based on the number of revenue
generating tons received at the gate. No royalties shall be payable on any tonnage received
prior to the execution of this Agreement by all parties hereto and the amendment of the
ordinance and retraction of the letters in compliance with paragraph 3. If, for any reason, the
Cities abandon their pursuit of an MSW permit to construct the State Highway 30 Landfill at
the Landfill Site and provide the County with written notice of same, the Cities shall have no
duty to pay royalties on any tonnage received after the date of the written notice.
Within ten days of the later event of either the execution of this Agreement or the
amendment of the ordinance and retraction of the letters in compliance with paragraph 3, the
Cities shall make an initial advance royalty payment of $200,000 to Grimes County as the
estimated royalties to be due to Grimes County between the later of the date of the execution of
this Agreement or the amendment of the ordinance and May 30, 2004. The first payment due
after August 30, 2004 shall be adjusted to account for the difference between the royalties
estimated to be due and the actual royalties that were due during that time-period. After the
initial advance royalty payment, quarterly payments will be made to Grimes County. The first
quarter will run from June 1 through August 30. The second quarter will run from September
1 through November 30. The third quarter will run from December 1 through the end of
February. The fourth quarter will run from March 1 through May 30. Payments shall be due
on the twentieth day of the month following the end of a quarter.
5. Adjustment of Royalty Payment.
The parties to this Agreement intend the royalty to fluctuate on an annual basis in relation
to the tipping fee independently determined and charged by the Cities. That portion of the
tipping fee which is attributable to pass-through costs associated with regulatory impositions or
otherwise payable to the federal, state or local government shall be disregarded in the calculation
of the royalty adjustment. The average tipping fee currently in place at the Rock Prairie landfill
is $23.50 per ton. $1.25 of this is attributable to pass-through regulatory costs. The current ratio
between tipping fees and royalty is, therefore, ($23.50 - $1.25) to $0.50. The goal of annual
adjustment will be to maintain this ratio. The average tipping fee minus the amount
attributable to pass-through regulatory costs charged during the previous year (September 1
through August 30) shall annually be assessed and the royalty payable to Grimes County
Agreement By and Between Grimes County, Texas
The City of Bryan. Texas and The City of College Station Texas
Page 4 of 7
129
during the following year shall be adjusted to maintain this same ratio. However, the royalty
shall not be less than $0.50 per ton under any circumstances.
6. Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject
matter of this Agreement. Any amendments to this Agreement must be in writing and signed
by both Grimes County and the Cities.
7. Successors and Assigns
This Agreement shall be binding upon Grimes County and the Cities and each of their
respective successors, representatives, and assigns. This Agreement and any rights to royalties
hereunder is not assignable by Grimes County.
8. Applicable Law
This Agreement shall be governed by, and construed and enforced under the laws of the
State of Texas.
9. Damages in Event of Breach
In the event that the terms and conditions of paragraphs 2 or 3 of this Agreement are
breached by Grimes County or the Grimes County Commissioners Court prior to the issuance
of a final, unappealable landfill permit to the Cities by the TNRCC, then the Cities shall have
the right to cease making royalty payments based on the Rock Prairie volumes and the Cities
shall be entitled to recover all amounts already paid to Grimes County as consideration under
this Agreement.
In the event that the terms and conditions of this Agreement are breached by either
party, or the conditions of this Agreement are not complied with by one of the parties, the
parties agree to jurisdiction and to participate in a proceeding before a state or federal tribunal
wherein the prevailing party shall recover its fees, damages, costs, attorneys fees, and such
other and further relief from the non-prevailing party, general or special, at law or in equity, to
which the prevailing party may show itself justly entitled and that the state or federal tribunal
deems proper.
IN WITNESS WHEREOF, the parties have duly executed this Agreement on the dates
indicated below.
Agreement By and Between Grimes County, Texas
The City of Bryan. Texas and The City of College Station Texas
Page 5 of 7
130
GRIMES COUNTY, TEXAS (
Name:
Title:
Date:
I "
COUNTY OF OF TEL
This instrument was acknowledged before me on the 2JCLday of , 2002, by
Zra/ 6 Ha n 1-e~ a~b~~~i =dq~ of Grimes County, Texas.
j</th&-(. 7'4
Notary ~ublicMte of Texas
My Commission Expires: /.k//L/&
CITY OF COLLEGE STATION, TEXAS
By:
Name:
Title:
Date:
L% WLiz7YL/
: LJK~ bkIlhaney
Mayor
Attest: Approved :
I -- City Secretary
STATE OF TEXAS
COUNTY OF BRQZOS
U
, This instrument was acknowledeed before me on theJ 9 day of
Texas municipal corporafion, on behalf of said mu'nicipal corporation.
n
Agreement By and Between Grimes County. Texas
The City of Bryan, Texas and The City of College Station Texas
Page 6 of 7
131
Title: C unu- Pra IQV-
Date: C-'1 q-- a L
Attest:
STATE OF TEXAS
COUNTY OF mm
/& day of , 2002, by
of The City of Bryan, a Texas - -
municipal corporation, on behalf of said dunicipal corporation.
**-it-- ,,,,. *"""~.#,,
,.+SYPO~ JODI K. HUGHES:
20 .--a B..h!z Notary Public g -
i*: :a: STATE OF TEXAS 3 \,,,-.. . += My Commission :: #,Z* ;o"" ,,,,g,,,.+'" Ex pi res 0713 1 12004 2
*++++e+++*+++++*++++er++e++*+*++++++3
Agreement By and Between Grimes County, Texas
The City of Bryan, Texas and The City of College Station Texas
Page 7 of 7
132
EXHIBIT "A "
AN ORDWANCE CREATING A SOLD WASTE DISPOSAL SITE
AND PROHIBITING SOLID WASTE
DISPOSAL IN ALL OTHER AREAS OF GRIMES COUNTY.
REPEALING A PRIOR ORDINANCE
AND PROWDING CML AND CRIMINAL PENALITIES
Be it ORDAINED, ORDERED and ADOPTED by the Commissioners Court of
Gnmes County, Texas:
SECTION 1. GENERAL PROVISIONS AND FINDINGS
WHEREAS, the Grimes County Commissioners Court has both the responsibility
and the authority to protect the health. safety and welfare of the citizens of Grimes County,
Texas and their property interest; and
WHEREAS, solid waste disposal. especially the disposal of solid waste m landfills.
is an activity that has high potential to negahvely impact the health, safety and welfare of
any community; and
WHEREAS, a safe and abundant supply of drinIung water is necessary to preserve
and protect the health and welfare of the citkns of Grimes County, Texas; and
WHEREAS, a majority of citizens in Grimes County draw drinlang mter from
private wells; and
WHEREAS, the Commissioners Court believes and hereby finds that a waste
ci~sposal site and development thereof anywhere in the county, except as designated by this
court at the locahon designated below, would constitute an unacceptable risk and threat to
the public health, safety and welfare for the reasons and findings stated below. among many
others, to wit:
The Court finds that the presence of solid waste disposal facilities in general may
negatively influence property values; and
The Court finds that under the circumstances existing in Grimes County that solid
waste facilities would COrIStlMe a public or private nuisance: and
The Court finds the use of dl present technology and science with regard to the
location installaion, operation and maintenance of municipal, industrial and hazardous solid
waste disposai sites, cannot guarantee or ensure that such sites will not contaminate, spoil
and pollute areas surrounding and distant to said disposal sites;
133
Thls Court further finds that if the substances contained ~wvlthm a landfill escape into
the ar of waterways, including subsurface waterways, significant threats to the public
health safety and welfare ~~11 enst; and
This Court finds that the nature of the so~ls of Gnrnes County is such that ~t ivould
allow migration waste and lead to the contammanon of gomdwater. which manv citizens
rely on for dnnkmg water.
The Court further finds that a the traffic attendant to operation of a solid baste
disposal facility, which involves receiving and dispatching a laqe number of heaw trucks
haulmg waste. constitutes a hazard to the public heath and a threat to the public roads:
The Court further finds that waste streams that can be received in municipal and
non-hazardous industrial waste facilities ~nclude chemicals that are toxic, corrosive.
flammable and explosive. and that such substances present a threat to the public health.
safety and-welfare;
The Court finds that the prohibition of solid waste disposal as provided in hs
ordmance is necessary to prevent a gave and immediate threar to life and property: and
The Court finds that such a prohibition is a necessary response to a real and
substantial threat to public health and safety, that such a prohibition will sipficantlv
advance the health and safety of the public and that the prohbition does not impose a greater
burden than necessary to protect the public health and safety under the circumstance;
SECTION 2. SUBSTANTlVE PROVISIONS AND DEFINITIONS
For the above reasons, and pursuant to the provisions of Section 364.012 of the
Texas Health and Safety Code, the Grimes County Commissioners Court hereby
ORDAINS, RESOLVES. ORDERS and ESTABLISHES the following ORDINA3CE:
IT IS ORDAINED AND ORDERED that the disposal of solid waste wib Grimes
County, Texas is authorized and allowed in the following area:
See Exhibit "B" to Agreement by and Between Grimes County, Texas. the City of
Bryan, Texas and the City of College Station, Texas: Exlubit B-1; Exlubit B-2: and
Exhibit B-3 attached hereto.
IT IS FURTHER ORDAINED AND ORDERED that the disposal of municipal solid
waste and industrial solid waste is PROHIBITED in all other areas of Grimes Count',
Texas.
134
DEFINITIONS IN THIS ORDINANCE:
1. "Solid waste", "mumcipal solid waste'' and "industrial solid waste" have the
rnmg assigned bv Chapter 36 1, Texas Health & Safetv Code.
2. "Solid waste facility" !la the meaning assigned bv Chapter 361. Texas
Health & Safetv Code.
SECTION 3. CML REMEDIES AND PENALTIES
(a) .Anv violation of this ordinance is subject to a civil penalty of $10,000.00. for
each violation. Such penalty to be forfeited to Gnmes County, Texas. Each
day that a violation connnues consntutes a separate ground for recove?.
(b) The commissioners Court of Grimes County, Texas, may bring a legal
amon to enjoin violations of tlus ordinance and seek judgment for anv civil
penalties.
SECTION 4. REPEAL OF PRIOR ORDINANCE
An Ordinance Creating A Solid Waste Disposal Site and Prohibiting Solid Waste
Disposal in All Other Areas of Gnmes County and Providing Civil and Crimal Penalties
adopted by the G~les County Cornrmssioners ,Court on the 10th day of September, 2001 as
recorded in the minutes of the Gnmes County Commissioners Court, Vol. , p.
, is hereby repealed and is null and void.
SECTION 5. CRIMINAL PENALTY
(a) Disposal of solid waste in violation of this ordinance constitutes a class C
misdemeanor punishable by a fine not to exceed $500.00.
(b) Each day that a violmon continues constitutes a separate offense under tlus
orhance.
SECTION 6. SEVERABLLITY
If any pomon of this ordinance is deemed to be in violation of the statutes or the
constitution of this state or the United States by a court of competent jurisdiction, said
portion shall be severed, and the remaining portions of the ordinance shall remam in full
force and effect.
SECTION 7. EFFECTIVE DATE
135
This ordinance shall become effective i ediatelv upon adoption.
P- V-L ,2002.bvavoteof 4 Read and adopted this s$ da" of
aves and / navs.
P.
136
EXHIBIT "Bw
TO
AGREEWNT BYAND BETWEEN GRIMES COUNTY,
Tm. THE CITY OF BRYAN, TTEXAS AND THE CITY OF
COLLEGE STATTON, TEXAS
1200 ACRES OF LAND, MORE OR LESS. SITUATED IN THE JOSEPH
T. ROBINSON SURVEY, ,iEISTRACT NO. 390, AND THE GEORGE
,;MASON SURVEY, ASSTRACT NO. 342 IN GRIMES COUNTY, TEXAS
AND BEING COMPRISED OF TEIREE TRACTS AS FOLLOWS:
TRACT I
TRACT I BEING THAT PORTION OF THAT CERTiUN TRACT OF
LAND SITUATED IN THE JOSEPH T. ROBINSON SURVEY,
ABSTRACT NO. 390, WHICH PORTION IS LOCATED TO TI3E NORTH
OF STATE HIGHWAY 30, Aii BEING MORE PARTICXJMRLY
DESCRIBED BY METES AND BOUNDS IN EXHIBIT B-1 HERETO,
SAID EXHIBIT B-1 BEING INCORPORATED HEREIN FOR ALL
PURPOSES.
TRACT II BEING THAT PORTION OF TFUT CERTAIN TRACT OF
LAND SITUATED IN THE JOSEPH T. ROBINSON SURVEY,
ABSTRACT NO. 390, WHICH PORTION IS LOCATED TO THE NORTH
OF STATE HtGHWAY 30, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS IN EXHIBIT B-2 HERETO,
SAID EXHIBIT B-2 BEING INCORPORA'IXD HEREIN FOR ALL
PURPOSES.
TRACT III BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF
LAND BEING 975.76 ACRES SITUATED IN JOSEPH T. ROBINSON
SURVEY, ABSTRACT NO. 390 AND THE GEORGE MASON SURVEY,
ABSTRACT NO. 342 AND BEING MORE PARTICXJJAUY DESCRIBED
BY METES AND BOUNDS IN EXHIBIT B-3 HERETO, SAID EXHIBIT B-
3 BEING INCORPORATED HEREIN FOR ALL PURPOSES.
137
EXHIBIT B-l
Being out of and a part of the J. T. Robinson Leaque Survey,
Abstract No.. 190, described by metes and bounds as follws:
BEGINNING at the Northwest corner of the Elizabeth King tract
on said Robinson League:
THENCE South 830 varas to the N.E. corner of Prue Stuckey
home tract:
THENCE East 675 l/2 varas to a stake on bank of a branch from
which a Post Oak 6 inches in diameter narked S bears South 82
1/2 East 5 varas and a Post Oak 6 inches in diameter marked J
bears N 46 W 4 4/10 varas:
TEFENCE North 830 varas to rock for corner between C.C- Smith
and C.E. ~avis on South line of Gates Survey:
THENCE West 765 1/2 varas to the place of beyinning; SAVING
AND EXCEPTING therefrom a certain tract of 10 acres out of
said 100 acre tract, LEAVING therein 90 acres, more or less,
being the same tract of land described in deed from John A.
CaQlen to J-C- League, dated July 16, 1906, and of record in
Volume 60, Page 511, Deed Records, Grhes County, Texas, to
which reference is here made for all matters pertinent-
138
TRACT TI
All that certain piece or parcel of land lying and beinq
situated in the County of Grimes, State of Texas, and beinq
more particularly described as follows:
Being a part of a s-ey of landwgranted to Francis Zellner . .
(or Zillner) assignee of J.T. Eiobinson. Sy the ~epublic of
Texas, on or about the 10th day of February, A.D. 1846, same
described as follows: .-
BEGINNING at the Southeast corner of a tract of land deeded
to James H, Patillo, in Grimes county, Texas, on the
headright granted to Francis Zellner, assignee of J-T.
Robinsoa - said tract so deeded to James H, Patillo beinq of
200 acres (said deed beinq recorded in Val- 49, Page 535 of
the Deed Records of Grimes County, T-) :
THENCE North 830 varas to the Northeast corner of said tract;
THENCE East along the South boundary line of A. Gates Survey
beinq the North boundary line of said JOT, Rabinson Sunrey , a
distance of 1307 varas;
THENCE South 2235 varas to intersect the division lhe
between said Zellnar and Patillo:
TRMCE West 1127 varas along said division line to intersect
the East boundary of a tract of 640 acres of land deeded to
Stephen Southwick;
THENCE North with said tract 1405 varas to its Northeast
COMm:
-
THEHCE West 180 varas to place of beginning, containing 473
acres of land, more or less, (said property being the same
tract described in deed fma George A, Patillo to Warren
Goodin. reuxdd in Volume B. Page 83 of the Deed Records of
Grimes Cotmty. Texas): there is -pted frol this property,
however. the tract of 100 acres, more or less, acqPired by
C,C, SIlith ander jud-t of the District court of Grimes
County. Texas. entitled Daisy Wrraic, et al. vs. W-P, Rant, et
al, such judgement beinq recorded in Volume 50, Page 188-190
of the Deed Records of Grimes County, Texas, The property
which is here conveyed is the tract that was awarded to
plaintiff Sam 3- Maas by judgement of the District Court of
Glri'1p- Cow, Pexas, entered on or about the 15th day of
July. 1925 in Cause No- 4520. in the District Court of Grimes
County, Texas, entitled Sam J. Haas vs, R.B. Teapleman, et
al,, which judgement is recorded in Volume W, Page 257 of the
minutes of said Court, certified copy of which is recorded in
Volume 108, Page 614 of the Deed Records of Grimes County,
Texas.
139
EXHIBIT B-3
FIELD NOTES
975.76 ACRES
BRAZOS VALLEY SOlJD WASTE
MANAGEMENT AGENCY
JOSEPH T. ROBINSON SURVEY, ABSTRACT NO. 390 &
THE GEORGE MASON SURVEY, ABSTRACT NO. 342
GRIMES COUNTY, TEXAS
OCTOBER 5,2001
All of that certain lot. tract or parcel of land being 975.76 acres situated in the JOSEPH T.
ROBINSON SURVEY, Abstract No. 390 and the GEORGE MASON SURVEY, Abstract No. 342.
and being ail or part of the followng tram:
1.) Being a called 60 acre trad as described in deeu from Annie T. Perry, et al. to R. P.
Trant of record in Volume 162, Page 181 (Second Trad);
2.) Being a called 4&W4 acre tract as described in deed from Joe Holly. er al. to R. P.
Trant of record in Volume 224, Page 599;
3.) Being a called 16-1/4 acre tract as descnbed in deed from Mrs. Sallie A. Ross, et al. to
Mrs. Hattie C. Bowen uf record in Volume 88, Page 430 (Second Tract); '.
4.) Being a called 10 acre tract as desmbed in deed from T. P. Buffington to Sam 8.
Wilson, et al. of record in Volume 88, Page 429;
5.) Being a called 6-1/4 acre remainder oi a called 161/4 acre tract as described in deed
from V~enne Buffington, et al. to R. P. Trant of record in Volume 223, Page 70
(Second Tract);
6.) Being a called 47-112 acre tract as desuibed in deed from Vivienne Buffing-ton. et al. to
-R. P. Trant of mrd in Volume 223, Page 70 (First Tract);
7.) Being a called 40 acre remainder of a called 49-6/10 acre tract as described in deed
from H. C. Cameron, et ox. to Royal Lott and Jeff Lott of record in Volume 67. Page
584;
8.) Being a called 6 acre trad as described in deed fm A L. Showatter. et w. to R- P-
Trant of record in Volume 237, Page 476 (First Trad);
9.) Being a called 3-6/10 acre remainder of a called MI10 acre tract as descnbed in deed
from Barbara M. Cameron to Fred Wilhelm of record in Volume 96, Page 1'08;
10.) Being a called 97 acre trad as described in deed from Canie Grimes Gillen to R. P.
Trant of record in Volume 217, Page 370;
11.) Being a called 20.228 acre tract as described in deed from Catlin, Bryan, Stacy, 8
DiUard to Colby G. Muth of record in Vdume 745, Page 584;
12)Beingacalled20aaetrad(M#thKofa~40acre~d)asdescribedindeed
from Mary Uibeth Meechum to R P. Trant of record in Volume 195, Page 433;
13.) Being a called 14.81 acre tract as described in deed from Frances W. Rucker, et al. to
R. P. Trant of record in Volume 223, Page 69 (First Trad);
14.) Being a called 44.43 acre trad as desaibed in deed from Ike Ashbum. Ill to Robert P.
Trant of record in Volume 221, Page 42;
15.) Being a called 20 acre tract as described in deed from Travis-L. Wilson to Harold B.
Trant of record in Volume 659, Page 346 (Second Tract);
16.) Being a called 10 acre tract as described in deed from John L Franklow and W. W-
Kinnard to H. E. Wilson of record in Volume 52, Page 336;
17.) Being a called 10 acre tract as described in deed from Frances W. Rucker to R. P.
Trant of record in Volume 223, Page 69 (Second Tract);
18.) Being a called 10 acre tract as desaibed in deed from Billie H. Quinn to Harold 6.
140
Trant. et ux. of record in Volume 867, Page 728;
19.) Being a called 10 acre tract as described in deed from Eloise Hams. et vir. to R. P.
Trant of record in Volume 279, Page 83:
20.) Being a called 8.5 acre tract as described in deed from tianna Frank Howell, et al. to
Larue Howell Henry of record in Volume 709, Page 137;
2 1 .) Being a called 22.20 acre tract as described in deed from Paul L Levy, &xd0r of be
Estate of Jeanne L. Gelber to Paul L Levy of record in Volume 922. Page 283:
22.) Being a called 60 acre remainder of a cailed 62-36 acre iract as described in deed
from Ernest W. Sydow to R. P. Trant of record in Volume 190. Pages 482 & 483;
23.) Being the remainder of a catled 99.23 acre trad as described in deed from W. S.
Beard, et al. to John Franklow and W. W. Kinnard of record in Volume 52. Page 155;
24.) Being a called 568.359 acre tmct as described in Final Judgement No. 30.384-361 to
Harold P. Trant of record in Volume 673, Page 672;
25.) Being a called 7 acre tract as described in deed from Lany Jacobs to Moms Lange, et
al. of record in Volume 49, Page 238;
26.) Being a called 5 acre tract as described in dew from Larry Jacobs to 6. Roman, et al.
of record in Volume 49, Page 260;
27.) Being a called 10 acre tract as described in deed from Larry Jacobs to S. Keller. et al.
of record in Volume 49, Page 237:
28.) Being a called 57 acre tract as described in deed from Larry Jacobs to R. P. Trant of
record in Volume 193, Page 480; and,
29.) Being the remainder of a called 50 acre remainder of a called 122 am trad as
described in deed from Mrs. Mamie Gillen to R. P. Trant of record in Volume 221.
Page 605.
30) Being a Called 373 acre tract as described in deed from Betty L. Hybner to Jill
Marguerite Hybner of record in Volume 840, Page 445;
31) Being a Called 90 acre tract as described in deed from Betty L. Hybner to Jill
Marguerite Hybner of record in Volume 840, Page 445;
32) Being a Called 10 acre trad as described in deed from C. C. Smith et ux to Nancy J.
Caplen of record in Volume 52, Page 612;
all being in the Deed Records of Grimes County, Texas (D.R.G.C.T.): said 975.76 acre trad of
land being more particularly described by metes and bounds as follows:
BEGINNING at a X' lron Rod set in the southwest right-of-way line of STATE HIGHWAY NO. 30
for the northeast corner, said comer being the northwest comer of the Carole Faye Sonmore
Called 27.5 acre tract as described in Volume 607, Page 557, said comer also being located in the
occupied east line of said Hybner Called 373 acre tract;
THENCE along the occupied most northerly east line of said occupied Hybner Called 373 acre
trad the following calls:
S 3 ' 51 ' 30 " E, along the west line of said Called 27.5 acre tract a distance of
847.50 feet to a 2" lron Pipe found for angle point, said comer being the southwest Wmer
of said Called 27.5 acre tract and also being the northwest comer of the 2. M. Courtney
Called 13.5 acre trad as described in Volume 124, Page 1 19;
S 1 ' 24 ' 53 " E, along the west line of said Called 13.5 acre tract a distance of
686.02 feet to a 112" lron Rod found for angle point, said comer being the southwest Caner
of said Called 13.5 acre tract and also being the northwest comer of the TMPA Called
140.1 88 acre tract as referenced in Volume 582, Page 172; and,
141
S 1 " 23 ' 23 ^ E. along the west line of said Called 140.188 am tract a distance oi
191 5.60 feet to a 1" Iron Pipe found for an exterior comer, said comer being an exterior
comer of said occu~ied Hybner Called 373 acre trad and also being an interior comer of
said Called 140.188 acre tract:
THENCE S 45 " 15 ' 46 " W. along a common iine between said Hybner 373 acre tract and said
Called 140.188 acre trada atstance oi 3.54 feet to a Y8" lron Rod found for an exterior comer.
said comer being the so~i comer of said Called 140.188 acre tract. and also being located in
the north line of the TMPA Called 50.771 acre tract as referenced in Volume 598. Page 146;
THENCE S 88 " 29 ' 42 " IN. along the nonh line oi said Called 50.771 acre tract at a distance of
39.61 feet passing the northwest comer of said Called 50.771 acre tract and the northeast corner
of the TMPA Called 50.506 acre tract as referend in Volume 598. Page 152 and continuing
along the north line of said Called 50.506 acre traa for a total distance of 1430.27 feet to a 112"
lron Rod set for an interior mmer, said corner being the northwest comer of said Called 50.506
acre tract:
THENCE S 1 " 08 ' 47 " E along the west line of sud Called 50.506 acre tract a distance of
1 7 58.46 feet to a 1" lron Pipe found for the sourheast comer, said mmer king the occupied
southeast comer of said Called 373 acre tract and also being the mm northerly nortbeasr comer
of the TMPA Called 30.231 acre tract as referenced in Volume 197, Page 224;
THENCE S 88 " 50 ' 07 " W, along the north line oi said Called 30.231 acre trad a distance of
856.74 feet to a 'Aa lron Rod found for angle point, said comer being the northwest comer of said
Called 30.231 acre tract and also being the northeast comer of the Hamld B. Trant Called 568.359
acre tract as described in Volume 673, Page 672;
THENCE. S 01 " 05 ' 18 ' E. along a line cummon to said Trant called 568.359 am tract. the
approximate east line of said George Mason Sunrey, Abstract 342, an approximate west line of the
Joseph T. Robinson Survey, Abstract No. 390. the west line of ;said T.M.PA called 30.231 acre
tract and continuing with said common survey lines and the west lines of the T.M.PA
10.001 acre tracts as described in Volume 81. Page 32 and in Volume 91, Page 132, and with the
west line of the T-M-PA called 139.499 acre tract as described in Volume 210, Page 294. a
distance of 1681.61 feet to a X lron Rod w/cap set in an existing power line alignment for an
exterior mmer;
THENCE, along said existing power line alignment, across and through the interior of said Ttant
called 568.359 acre trad, said B. Roman, et al. dled 5 acre tract (491260). said R. P. Trant called
50 acre remainder tract (2211605). said S. Kellec, et al. called 10 acre tract (491237). said R- P.
Trant called 57 acre tract (193/480), and said George Mason Survey, Abstract No. 342, the
following courses:
1 .) S 44 " 15 ' 23 ' W, a distance of 96.31 feet to a power pole for angle point
2.) N 77 " 58 ' 23 ' W, a distance of 430.51 feet to a power pole for angle point;
3.) N 78 " 28 ' 47 ' W, a distance of 512.83 feet to a power pole for angle point;
4.) N 78 " 44 ' 37 ' W, a distance of 276.40 feet to a power pole for angle point;
5.) N 78 " 26 * 11 ' W, a distance of 342.35 feet to a power pole for angle point;
6.) N 78 " 22 ' 47 ' W, a dince of 376.55 feet to a power pole for angle point;
7.) N 78 " 20 ' 1 1 ' W, a distance of 359.18 feet to a power pole for angle point;
8.) N 78 " 29 ' 31 ' W, a distance of 444.29 feet to a power pole for angle point;
9.) N 78 " 28 ' 15 ' W, a distance of 735.12 feet to a power pole for angle point
142
1 0.) N 78 " 22 ' 32 ' W, a aistance of 375.16 feet to a power pole for angle point: and.
11 .) N 78 " 32 ' 34 ' W, a aistance oi 571 -21 feet to a power pole:
THENCE, N 78 " 32 ' 34 ' W, along the westerly projeaion of said power iine alignment, continuing
wiih a line across and through said R. P. Trant called 57 acre trad (1931480) and said George
Mason Survey, Abstract No. 342, a aistance of 1003.30 feet to a point for the southwest comer;
THENCE. N 01 " 07 ' 42 ' W, a distance of 5357.72 feet to a point in the aforesaid south n'9M-f-
way line of State Highway 30 for the northwest corner;
THENCE, N 85 " 07 ' 1 1 ' E. along said south right-of-way line of State Highway 30. a distance of
3858.59 feet to a Concrete Highway R.O.W. Monument found at the beginning of a curve to the
ieft:
THENCE. continuing along said south right-of-way line of State Highway 30, 606.28 feet along
said curve to the left having a radius of 5789.58 feet, a central angle of 06 " 00 ' 00 ', and a chord
Searing and distance of N 82 " 07 ' 11 * E - 606.01 feet to a X' Iron Rod set for the point af
tangency of said curve;
THENCE N 79 "'07 ' 11 " E, continuing along said south right-of-way line a distance of 377.51 feet
to a 1/2" Iron Rod set for a point of curvature in said right-of-way iine;
THENCE continuing along said souih right-of-way line around a curve in a clockwise direction
having a delta angle of 24 " 46 ' 39 ", an arc distance of 801 -88 feet, a radius of 1854.27 feet, d
a chord of S 88 " 29 ' 23 " E, a distance of 795.65 feet to a 1/2" Iron Rod set for the point of
tangency of said curve;
THENCE S 76 " 05 ' 57 " E, continuing along said south right-of-way line a distance of 205202
feet to the POINT OF BEGINNING and containing an area of 975.76 acres of land, more or less,
according to a survey performed on the ground during September. 2000, under the supervision of
H. Curtis Strong, Registered Professional Land Surveyor No. 4961. For North Orientation and
other information, see accompanying plat.
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ACTION FORM
BRYAN CITY COUNCIL
DATE OF COUNCIL MEETING: April 24,2002
DEPARTMENT OF ORIGIN: Public Works
DATE SUBMITTED: May 14,2001
SUBMITTED BY: Rick Conner
MEETING TYPE: REGULAR
CLASSIFICATION: STATUTORY
AGENDA ITEM DESCRIPTION:
Authorize the Mayor to sign an agreement with Grimes County and the City of College Station providing for the
location of a BVSWMA solid waste landfill of up to 1200 acres on State Highway 30 in Grimes County and
authorizing the payment of a host fee of fifiy cents ($0.50) per ton
SUMMARY STATEMENT:
Under this agreement Grimes County Commissioner's Court consents to the location of the BVSWMA landfill in
Grimes County and agrees to cooperate in the TNRCC permitting process. The host fee will be calculated in the
form of a $.50 per ton royalty for every ton of revenue generating municipal solid waste ('MSW') received at the
BVSWMA State Highway 30 Landfill. Prior to the receipt of waste at the State Highway 30 Landfill, BVSWMA
will pay to Grimes County a $.50 per ton royalty on MSW received at the existing Rock Prairie Road Landfill
beginning with the first full year (June 1 through May 30) in which the agreement takes effect. The royalty
amount shall be adjusted annually thereafter, but shall not be less than $0.50 per ton. An initial advance royalty
payment of $200,000 shall be paid to Grimes County, whch represents an estimate of royalties due fIom the date
of acceptance of the agreement through May 30,2004. After the initial royalty period, payments will be made
quarterly.
ALTERNATIVES (In Suggested Order of Staff Preference)
1) Alter the Agreement.
2) Do not approve the Agreement.
ATTACHMENTS: Appear as separate links withm the agenda item description.
FUNDING SOURCE: BVSWMA Landfill Tipping Fees.
APPROVALS: Rick Conner, Director of Public Works
APPROVED FOR FUNDING: N/A
APPROVED FOR SLTSMITTAL: CITY ATTORNEY, Michael J. Cosentino 4-26-02
APPROVED FOR SUBMITTAL: CITY MANAGER, Mary Kaye Moore 5/1/02
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July 23, 2009
Consent Agenda Item No. 2t
BVSWMA/Twin Oaks Landfill Construction Change Order #3
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion to approve BVSWMA Twin
Oaks Landfill Construction Contract #08-232 Change Order #3 with C. Watts & Sons
Construction Co. Inc. in the amount of $199,844.00.
Recommendation(s): Staff recommends approval of the Twin Oaks Landfill
Construction Contract #08-232 Change Order #3 with C. Watts & Sons Construction Co.
Inc. in the amount of $199,844.00.
Summary: Access to disposal areas at the Twin Oaks Landfill will require a bridge over
Alum Creek on the property. During construction HDR Engineering, Inc. discovered that the
initial bridge approach design is insufficient because of field conditions at the crossing.
Additional materials and labor for additional support at the wing walls and abutments will be
required to improve the approaches for heavy truck traffic.
HDR Engineering, Inc. has proposed that the company will split the additional cost with the
Cities because of the need for the re-design. If the design had been correct at the time of
bid letting, the Cities would have incurred a higher cost for the bridge than the initial bid
amount. Splitting the cost will provide the Cities with a more efficient and properly
constructed crossing at half the cost than what would have been incurred if a redesign was
not needed.
Budget & Financial Summary: Funding for the change order is available in the BVSWMA
Capital Improvement Project Fund. As BVSWMA is funded through an inter-local agreement,
both the Cities of Bryan and College Station are sharing the cost of this project. This item
will also require the approval of the Bryan City Council.
Attachments:
1. Contract 08-232 Change Order #3 with attached HDR recommendation and memo
confirming cost sharing.
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147
148
149
July 23, 2009
Consent Agenda Item No. 2u
Electric Rate Schedule PQF -Purchases from Qualifying Small Power Production
and Cogeneration Facilities less than or equal to 100 kW
and
Electric Rate Schedule for Small Renewable Energy Customers Connecting
Distributed Generation from Renewable Sources
To: Glenn Brown, City Manager
From: David J. Massey, Director of Electric Utilities
Agenda Caption: Presentation, possible action, and discussion regarding:
(1) the amendment of an electric rate schedule to Chapter 11 “Utilities” of the
Code of Ordinances of the City of College Station for small power production
and cogeneration facilities less than or equal to 100 kW; and
(2) the addition of an electric rate schedule to Chapter 11 “Utilities” of the Code
of Ordinances of the City of College Station for small renewable energy (SRE)
customers connecting single phase distributed generation from renewable
sources less than or equal to 20 kW. (Renewable energy technologies include
those derived directly from the sun, wind, geothermal source, hydroelectric
source, wave or tidal energy; or on biomass or biomass based waste products
including landfill gas.)
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This ordinance will be:
(1) an amendment to Chapter 11, “Utilities”, (10) Electric Rate Schedule PQF for small
power production and cogeneration facilities less than or equal to 100 kW is to add
one phrase for descriptive purposes to exclude customers qualifying for the Electric
Rate Schedule SRE capable of producing not more than 20 kW of power and who
interconnect with the City of College Station’s electric system; and
(2) an addition to Chapter 11, “Utilities” to set forth an electric rate schedule for small
renewable energy (SRE) customers who own and operate an on-site generating
system powered by renewable resources capable of producing not more than 20 kW
of power and who interconnect with the City of College Stations’ electric system.
(Renewable energy technologies include those derived directly from the sun, wind,
geothermal source, hydroelectric source, wave or tidal energy; or on biomass or
biomass based waste products including landfill gas.)
Budget & Financial Summary: The ordinance amendment bears no additional
budgetary or financial expenditures. As this relates to the ordinance addition, meters
required to meter the installation of an interconnection with the electric system are planned
expenses accounted for in the Electric Utility’s Capital Budget.
Attachments:
1. Ordinance with attached Exhibit “A”
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152
153
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ORDINANCE NO.__________________ Page 4
agreement under this section shall be one year, extended automatically unless
terminated by either party with a sixty (60) day written notice.
(d) The retail customer is responsible for the material and labor costs of
interconnecting with the City of College Station’s electric distribution system
including transformers, metering, service lines, and other equipment determined
necessary by the City for the safe installation and operation of the customer’s
equipment with the City’s system. The customer is also responsible for the
material and labor cost of all equipment required and/or installed on their side of
the meter.
(e) Metering - Metering under this section shall be performed by a single meter
capable of registering and recording the flow of electricity in two directions
(delivered and received) to separately measure the customer’s usage from the
City’s electric distribution system and the amount of the customer’s surplus
energy that was passed to the City’s electric distribution system.
(f) Rate - In a billing month after the retail customer receives approval to
interconnect their on-site generating system to the City of College Station’s
electric distribution system, the customer will be billed:
(i) Based upon their current electric service rate for the kilowatt hours used from
the City of College Station’s electric distribution system. The excess kilowatt
hours that are passed back to the system from their on-site generation will be
purchased at a rate equal to the average base wholesale kilowatt hour energy
cost for power paid by the City of College Station. This average base
wholesale kilowatt hour energy cost will be calculated based upon the past
year’s average wholesale cost and will be updated once a year (in October) to
update this value.
(ii) The calculated amount for the excess kilowatt hours passed back to the system
will be credited to the current balance of the retail customer’s utility account.
If a credit exists at any time on the account the customer may request in
writing a refund for the credit amount. If the customer closes the account with
a credit remainder in their account, they will be refunded this amount.
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July 23, 2009
Regular Agenda Item No. 1
Welsh Avenue Parking Removal
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion on
consideration of an ordinance amending Chapter 10, “Traffic Code,” to remove parking on
both sides of Welsh Avenue beginning at the intersection with Holleman Drive and extending
north 100 feet.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: To improve mobility in the area, the city installed a traffic signal at the
intersection of Holleman Drive and Welsh Avenue. However, the on-street parking on both
sides of the street is causing problems with traffic moving through the signalized
intersection.
The City’s Traffic Management Team met on July 2, 2009, to discuss this issue and
recommended that parking be removed along Welsh Avenue for 100 feet north of the
intersection to improve safety and allow better movement of traffic.
On July 9, 2009, a letter was sent to the affected property owners notifying them of the
concern and the City Council meeting in which an ordinance to remove the parking would be
discussed.
Budget & Financial Summary: The “No Parking” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Location Map
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158
159
July 23, 2009
Regular Agenda Item No. 2
Planned Development District (PDD) Modifications
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 Ordinance amending Chapter 12, the Unified Development Ordinance, Section 5.5
“Planned Districts (P-MUD and PDD),” of the Code of Ordinances, related to PDD Planned
Development Districts.
Recommendation(s): The Planning and Zoning Commission unanimously recommended
approval of the amendment (6-0) at their July 2, 2009 meeting. Staff also recommended
approval.
Summary: The Comprehensive Plan was adopted on May 28, 2009 with a focus on
community character and the creation of places of distinction. Because the Plan shifts the
City’s land use focus from density and intensity to one of density, intensity and form, the
City’s existing zoning districts may no longer be the most relevant tools to implement the
Comprehensive Plan. It is likely that existing zoning districts will need to be amended and
new zoning districts will need to be created. During the interim, the PDD Planned
Development District may be an effective tool to help College Station realize the goals of the
Comprehensive Plan.
The Unified Development Ordinance, Section 5.5 Planned Districts (P-MUD and PDD)
includes restrictions that limit what elements can be included in a PDD. The current
ordinance does not allow PDDs to guarantee specific building characteristics or apply
additional development standards through the rezoning process. In order to use the PDD to
implement the Comprehensive Plan, the restrictions should be removed.
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
2. Red-lined Ordinance Changes
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Article 5. District Purpose Statements and Supplemental Standards
Section 5.6 Design Districts
Article 5. District Purpose Statements and Supplemental Standards
5.5 Planned Districts (P-MUD and PDD)
A. The Planned Mixed-Use District (P-MUD) and the Planned Development District (PDD) are
intended to provide such flexibility and performance criteria which produce:
1. A maximum choice in the type of environment for working and living available to the
public;
2. Open space and recreation areas;
3. A pattern of development which preserves trees, outstanding natural topography and
geologic features, and prevents soil erosion;
4. A creative approach to the use of land and related physical development;
5. An efficient use of land resulting in smaller networks of utilities and streets, thereby
lowering development costs;
6. An environment of stable character in harmony with surrounding development; and
7. A more desirable environment than would be possible through strict application of
other sections or districts in this UDO.
B. Planned Mixed-Use District (P-MUD)
The purpose of this district is to permit areas which encourage mixing of land uses such as
retail/commercial, office, parks, multi-family, 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. Within any P-MUD, residential and non-residential land
uses shall each constitute at least twenty percent (20%) of the overall land uses within the
mixed-use development. The remaining sixty percent (60%) may be any combination of
residential or non-residential land uses. The residential uses provide the patrons for the
office and commercial uses. The success of these mixed-use areas is directly related to the
sensitive master planning of the site layout.
The P-MUD is appropriate in areas where the land use plan reflects Planned Development or
Redevelopment as a land use category. A P-MUD may be used to permit new or innovative
concepts in land utilization not permitted by other zoning districts. While greater flexibility
is given to allow special conditions or restrictions that would not otherwise allow the
development to occur, procedures are established to insure against misuse of increased
flexibility.
C. Planned Development District (PDD)
The purpose of the Planned Development District is to promote and encourage innovative
development that is sensitive to surrounding land uses and to the natural environment. If
this necessitates varying from certain standards, the proposed development should
demonstrate community benefits.
The PDD is appropriate in areas where the land use plan reflects the specific commercial or,
residential, or mix of uses proposed in the PDD. A PDD may be used to permit new or
innovative concepts in land utilization not permitted by other zoning districts. While greater
flexibility is given to allow special conditions or restrictions that would not otherwise allow
the development to occur, procedures are established to insure against misuse of increased
flexibility. A PDD should not be used to:
1. Guarantee specific building characteristics within a development;
2. Apply additional development standards to a single site; or
3. Vary from certain development standards unless community benefits outweigh the
requested modifications.
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July 23, 2009
Regular Agenda Item No. 3
Exception to Policy for Sewer Service to Mr. Thomas and Ms. Palasota
To: Glenn Brown, City Manager
From: Dave Coleman, Director, Water Services Department
Agenda Caption: Presentation, possible action, and discussion to approve a resolution
providing an exception to Policy to allow Mr. Thomas and Ms. Palasota to construct sewer
infrastructure necessary to connect their homes to the City sewer system.
Recommendation: Staff recommends Council approve this resolution.
Summary: Mr. Thomas and Ms. Palasota have each requested the City provide sewer
service to their homes, which are located along Cheyenne Drive and Buggy Lane, which are
in the area of Wellborn Road and Capstone Drive. These are existing single family homes,
and the sites are not being developed. Their letters, with maps, are attached. Their homes
are outside the City’s current certificated area for sewer, but are within the City’s extra-
territorial jurisdiction (ETJ). The area is presently not certificated and the City has the legal
right to provide this sewer service. The home owners will bear all construction cost for
infrastructure to connect to the City system.
The Water Services Department has recently taken ownership of a sewer line in this
area, which is suitable and has adequate capacity for these homes to be connected. Both of
these home owners provided easements to the City for the sewer line to be constructed,
with the expectation that they would be allowed to tie onto the sewer line. Mr. Thomas
signed a non-annexation agreement for a portion of his property, to allow the City to annex
the property being developed, adjacent to his property. Neither Mr. Thomas nor Ms.
Palasota have plans to develop their properties, but if those plans change, then the City can
pursue annexation.
City Policy states that the City may provide sewer service outside the City limits or
the City’s sewer certificated area, only in certain situations. Since the City does not hold
the CCN for this area, an exception to Policy is required. Exceptions are allowed for three
cases, one of which is for health and safety reasons. The health and safety of all the area
residents are much better served by having these homes connected to the City sewer
system, rather than on-site sewage facilities that spray treated effluent. On this basis, staff
recommends approval of these requests for an exception to City Policy.
Budget & Financial Summary: City funds are not required.
Attachments:
Letters
Map
Resolution
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July 23, 2009
Regular Agenda Item No. 4
Council Appointments
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding sunset review
of Council Committees and selection of Council appointed representatives to fill vacancies on
the following committees and boards.
Arts Council of the Brazos Valley
Audit Committee
Brazos County Health Department
BVWMA Policy Advisory Board
Intergovernmental Committee
Convention and Visitors Bureau Board of Directors
Research Valley Partnership Board of Directors
Sister Cities Association
Transportation Committee
Wolf Pen Creek Oversight Committee
City/CSISD Subcommittee
The following individuals are appointed by the City Council to represent the City of College
Station on joint committees with other governmental agencies and community groups.
Arts Council of the Brazos Valley (College Station Representatives)
Tom Wilkinson Appointed 8/07 Reappointed till 10
John Happ Appointed 8/07 Reappointed till 10
Lynn McIlhaney Appointed 8/07 Reappointed 7/08
Audit Committee
Larry Stewart (Chair) Appointed 7/08
James Massey Appointed 7/08
Lynn McIlhaney (vacant) Appointed 7/08
Brazos County Health Department
Lynn McIlhaney (vacant) Appointed 6/06 Reappointed 7/08
Ben White Appointed 6/06 Reappointed 7/08
Brazos Valley Council of Governments Board of Directors
Mayor Ben White
B/CS Metropolitan Planning Organization
Mayor Ben White
BVSWMA Policy Advisory Board
Lynn McIlhaney (vacant)
Mayor Ben White
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2009 Council representatives on committees and boards Page 2
Comprehensive Plan Advisory Committee
Dennis Maloney Appointed 7/08
Larry Stewart (Alternate) Appointed 7/08
Convention and Visitors Bureau
Stephen Moore
Scott Shafer (vacant)
Dave Ruesink (Council Rep)
Intergovernmental Committee
James Massey (Chair) Appointed 8/07 Reappointed 7/08
Dave Ruesink Appointed 8/07 Reappointed 7/08
Larry Stewart Appointed 7/08
Research Valley Partnership
Ben White Appointed 7/08
Larry Hodges
Larry Mariott (vacant)
Dave Ruesink (alternate) Appointed 7/08
Sister Cities Association
Dave Ruesink Appointed 8/06 Reappointed 7/08
Transportation Committee
Lynn McIlhaney (Chair) vacant Appointed 8/06 Reappointed 7/08
John Crompton Appointed 7/08
Dennis Maloney Appointed 7/08
MPO Linda LaSuit Created position 7/05
TTI Dennis Christianson Created position 7/05
BVCOG Michael Parks Created position 7/05
TxDot Bryan Woods Created position 7/05
Wolf Pen Creek Oversight Committee
Dennis Maloney Appointed 7/08
James Massey Appointed 7/08
Larry Stewart (Alternate) Appointed 7/08
City/CSISD Subcommittee
173
POLICY ON COUNCIL APPOINTED CITIZEN COMMITTEES
AND SUBCOMMITTEES OF THE COUNCIL
Purpose
As the governing body of the City of College Station, the City Council shall be
responsible for selecting the best qualified person to serve on Committees, Boards, and
Subcommittees composed of Council Members. The City Council shall appoint residents
of the community to serve on a volunteer basis to Committees, Boards and
Subcommittees. A description of each Committee, Board, and Subcommittee is
included in the Citizen Committee Directory.
Objectives
A. Committees, Boards, Sub-Committees of Council composed of Council Members
1. Committees, boards, and sub-committees of the Council shall be approved and
selected by the City Council. All committees, boards, and sub-committees of the
Council shall be advisory only.
2. Periodic Reports on the committee’s objectives will be presented to the City
Council.
3. The roles and responsibilities of each committee shall be written, defined and
approved by the City Council. Any modification of responsibility shall be approved by
City Council. Each committee, sub-committee or board shall be directed by the City
Council to ensure that it has a clear understanding of its purpose and function.
4. An annual review will be conducted by the City Council to review the Committee,
Sub-Committee or Board’s purpose. At the annual review the Council shall decide if the
committee, sub-committee or board needs to continue.
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Policy on Council Appointed Committees Page 2
5. Council Members may serve two (2) three (3) year terms on a committee, sub-
committee or board. The Chair shall be selected on seniority basis of service on the
committee, sub-committee or board. The Chair's term shall be set by the City Council.
6. All Council Members are required to serve on committees.
7. Each Council Member shall be selected to serve on the various committees, sub-
committees or boards by a process determined by Council. In the event no
Councilmember expresses interest to serve, then nominations will be made.
B. Committees, Sub-Committees, Boards - Advisory and Quasi Judicial
Citizen committees also serve in an advisory role unless otherwise provided by
ordinance or state law.
1. Interviews shall be conducted by the City Council of the applicants to citizen
boards. Citizens are encouraged to attend the Citizen University and to learn as much
about the City before applying for public service.
2. Committee applicants that are allowed to be reviewed in executive session shall
be discussed by the City Council in executive session. At the present time, the
applicants for Planning and Zoning Commission, Zoning Board of Adjustments, Parks
and Recreation Board, Construction and Building Standards Commission and Design
Review Board make final decisions on some issues and may be discussed in executive
session.
3. All final decisions and votes by the Council will be in public.
Scope of Work
The Scope of work for the committees, sub-committees or boards shall focus on the
subject matter that has the entire City Council’s support. The Council’s intention is to
not duplicate staff functions. The City Council will maintain its power to establish public
policy and give guidance to the committees, sub-committees and boards.
Adopted by City Council, July 28, 2005
O:council/council correspondence 2005/policy council apptd committees
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July 23, 2009
Regular Agenda Item No. 5
Appointment of citizens to various Boards and Committees
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding selection of
applicants to various Citizen Boards and Committees.
CITIZEN MEMBERSHIP
Cemetery Committee
Construction Board of Adjustments and Appeals
Convention and Visitors Bureau Board of Directors
Parks and Recreation Board
Historic Preservation Committee
Research Valley Partnership Board of Directors
Attachments:
Notebook of Citizen Committee applications provided prior to meeting.
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