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Home My WebLink About08/17/2009 - Regular Agenda Packet - City CouncilMayor Council members Ben White John Crompton James Massey Mayor Pro Tem Dennis Maloney Katy-Marie Lyles City Manager Lawrence Stewart Glenn Brown David Ruesink Agenda College Station City Council Regular Meeting Monday, August 17, 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 Certificate of Appreciation to Chris Ford for meritorious actions in the face of medical emergency. 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 Tuesday, July 7, 2009 and Thursday, July 23, 2009. b. Presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, Section 2F, of the College Station Code of Ordinances regarding the Traffic Control Device Inventory, Schedule V (School Zones). 1 City Council Regular Meeting Page 2 Monday, August 17, 2009 c. Presentation, possible action, and discussion regarding approval of a renewal of the annual price agreement with Crafco Texas Inc. to provide crack sealant material and de-tack sealant material for the maintenance of streets in an amount not to exceed $98,648.75 remaining the same as the current agreement. d. Presentation, possible action and discussion on calling a public hearing on the City of College Station 2009-2010 Proposed Budget for Thursday August 27, 2009. e. Presentation, possible action, and discussion on a resolution approving a third annual renewal of a five (5) year agreement for the lease of slant-top, front-end loading refuse containers for an annual estimated expenditure of $183,780.00. f. Presentation, possible action and discussion regarding a resolution clarifying that George Bush Drive is named to honor the 41st President of the United States George H. W. Bush. g. Presentation, possible action, and discussion regarding an ordinance approving an increase in rates for Atmos Energy pursuant to the Rate Review Mechanism tariff approved in 2008. h. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of easements needed for the Water Reclamation Project, the future development of a bicycle and pedestrian facility project, and the future installation of sanitary sewer lines. i. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize the City Attorney to condemn a public water utility easement and a temporary construction easement needed for the relocation of existing College Station utilities to accommodate the Wellborn Widening Project. j. Presentation, possible action and discussion regarding the approval of an interlocal agreement with the Texas Department of Public Safety. k. Presentation, possible action, and discussion regarding approval of Inter- Local Agreement (ILA) with the College Station Independent School District (CSISD) regarding School Resource Officers (SRO). l. Presentation, possible action, and discussion on a certified rebuild through Mustang CAT for a Caterpillar Articulating Compactor utilized by the Brazos Valley Solid Waste Management Agency in the amount of $373,948.64. m. Presentation, possible action, and discussion to approve a lease of College Station Independent School District (CSISD) property for the construction of the Creek View School Park Project. n. Presentation, possible action, and discussion to approve a lease of College Station Independent School District (CSISD) property for the construction of the Pebble Creek School Park Project. o. Presentation, possible action, and discussion to approve an Interlocal Agreement (ILA) for raising the height of the County owned radio tower located at 21550 Kathy Fleming Road, in the vicinity of the community of Millican, Texas between the City of College Station and Brazos County. p. Presentation, possible action, and discussion regarding participating on a state contract with RedMoon, Inc. of Plano, Texas for design, equipment, materials, supplies and services to install a wireless video surveillance pilot project in the Northgate Entertainment District for an amount not to exceed $60,000.00. 2 City Council Regular Meeting Page 3 Monday, August 17, 2009 q. Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for the purchase of the Click2Gov online application for the SPS Business Licenses module in an amount not to exceed $15,240.00. r. Presentation, possible action and discussion regarding rejection of the bid received in response to RFP #09- 65 for maintenance and sanitation services to be provided at the Northgate Promenades, Surface Parking Lot, Northgate Parking Garage and Chimney Hill Shopping Center. s. Presentation, possible action and discussion regarding changes to the City’s traffic code concerning parking operations in the Northgate District. t. Presentation, possible action, and discussion on a Construction Contract with Associated Construction Partners, Ltd, in the amount of $1,221,700, for the construction of the Carters Creek Wastewater Treatment Plant Miscellaneous Improvements. Regular Agenda Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will recognize you to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 1. Presentation, possible action and discussion of City Secretary examination of petition submitted by College Station electors to repeal Ordinance No. 3017 amending the Chapter 10 of the City's Traffic Code on red light camera enforcement. 2. Public hearing, presentation, possible action, and discussion on petition proposing an ordinance repealing City Ordinance 3017, amending Chapter 10 of the Traffic Code regarding Automatic Traffic Signal Enforcement (Red light cameras within the City of College Station). 3. Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #3 amending ordinance number 3114 which will amend the budget for the 2008-2009 Fiscal Year results in a net reduction of overall expenditures in the amount of $954,175. 4. Presentation, possible action and discussion on the 2009-2010 ad valorem tax rate; and on calling two public hearings on a proposed ad valorem tax rate for 2009-2010. 3 City Council Regular Meeting Page 4 Monday, August 17, 2009 5. 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 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 Monday, August 17, 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 14th day of August, 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 August 14, 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______________________________________ 4 City Council Regular Meeting Page 5 Monday, August 17, 2009 Subscribed and sworn to before me on this the _____day of ________________, 2009. ______________________________ Notary Public – Brazos County, Texas My commission expires: ___________ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19. 5 Mayor Councilmembers Ben White John Crompton James Massey Mayor ProTem Dennis Maloney Katy-Marie Lyles City Manager Lawrence Stewart Glenn Brown Dave Ruesink DRAFT MINUTES City Council Special Meeting Tuesday, July 7, 2009 at 4:00 pm Carter Creek Wastewater Treatment Plant 2200 N. Forest Parkway – Training Room College Station, Texas Mayor White called the special budget workshop meeting to order at 4:00 pm. All Council members present. Jeff Kersten Chief Financial Officer made introductory comments about the time line for future scheduled budget meetings of the City Council. He emphasized that the proposed budget was prepared to reflect the City Council mission, strategic goals, financial forecast, and fiscal and budgetary policies. This meeting was held for the purpose of presenting proposed options for FY2010 General Fund Budget. The options proposed below assume an $800,000 reduction from the FY 10 General Fund Base Budget. Option #1 – Base Budget – derived from the FY09 estimated year-end results, adjusted slightly for minimal growth in revenue and anticipated changes in costs. Option #2 – begins with the Base Budget and builds in minimal Public Safety Service Level Adjustments, development fee increases and a 1.5 cent property tax rate increase. Option #3 – starts with the Base Budget and builds in Service Level Adjustments and pay increases similar to prior year adjustments – requiring permit fee increases along with a 4.5 cent property tax rate increase. In this scenario the services drive the budget. Mr. Kersten reported on the preliminary FY 10 general fund base budget of revenues and expenditures. General Fund Revenue Assumptions $53,316,486 Sales Tax: 1% over FY09 estimated year end revenue Permit Revenue: 0.15% decrease from FY09 estimated revenues Property Tax Revenues: Preliminary valuation $5.56 Billion Estimated Final Value: $5.4 Billion Current Tax Rate 43.94 cents Debt Service Rate 24.6048 cents General Fund rate 19.3352 cents General Fund Expenditures Estimated $53,415,339 2.89% decrease from FY09 Revised Budget Includes removal of prior year one time SLA’s totaling $1.5 million Brief discussion was held on rollback tax proceedings. Council asked staff to report back with information on rollback election. 6 City Council Budget Meeting 7/7/2009 Page 2 Council members expressed consensus to discontinue funding over a three year period to outside service agencies that do not meet the CDBG requirements Public hearings on tax rate scheduled for August 27 and September 1, and adoption of tax rate scheduled for September 10. Discussion concluded. Council began executive session at 6:05 pm. Competitive Matters {Gov’t Code Section 551.086}; possible action The City Council may deliberate, vote, or take final action on a competitive matter in closed session. The City Council must make a good faith determination, by majority vote of the City Council, that the matter is a Competitive Matter. A “Competitive Matter” is a utility-related matter that the City Council determines is related to the City of College Station’s Electric Utility Competitive Activity, including commercial information, which if disclosed would give advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to be considered as a competitive matter. a. Electric Fund FY2009-2010 Preliminary Budget Council concluded executive session at 6:50 pm. No action was taken. Mayor White adjourned the meeting at 6:50 pm. PASSED AND APPROVED this _________ day of August, 2009 APPROVED: __________________________ Mayor Ben White ATTEST: _________________________ City Secretary Connie Hooks 7 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 Draft Minutes College Station City Council Regular Meeting Thursday, July 23, 2009 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas COUNCILMEMBERS PRESENT: Mayor White, Council members Ruesink, Stewart, Maloney, Lyles COUNCILMEMBERS ABSENT: Crompton and Massey STAFF PRESENT: City Manager Brown, Assistant City Manager Neeley, City Attorney Cargill, Jr., City Secretary Hooks, Members of Management Team 1. Fire Chief R.B. Alley provided the invocation. Council member Ruesink made a motion to approve the absence requests of Massey and Crompton. Council member Maloney seconded the motion which carried unanimously, 5-0. Mayor White, City Manager Brown and members of the Historic Preservation Committee presented the Historic Building Marker No. 9 to members of the Pleasant Grove Baptist Church. Hear Visitors: Gloria Lefner of 2109 Langford spoke about drainage ditch issues near Dexter Park and her home. Brian Alg, 2003 Longmire Court expressed concern about the City leadership vision regarding future capital projects such as the Convention Center. Consent Agenda Motion made by Council member Ruesink to approve Consent Agenda Items No. 2a – 2u as presented. Seconded by Council member Stewart. Motion carried unanimously, 5-0. 2. a. Approved minutes for Council meetings held on Monday, July 6, 2009 and Thursday, July 9, 2009. b. Approved Resolution No. 7-23-2009-2b adopting the Economic and Community Development Department’s proposed FY 2010 Action Plan and Budget. c. Approved Semi-Annual Report on Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02, and Resolution No. 7-23-2009-2c to support and execute a Compliance Certification Letter to the Attorney General. 8 Minutes City Council Regular Meeting Page 2 Thursday, July 23, 2009 d. Approved the award of 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. Approved 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. Approved award of 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. Approved letter of agreement with Ingram, Wallis & Co., P.C. for Professional Auditing Services for one year period and option of four (4) one-year renewals. Estimated fee costs for the five years are: FY 09 - $94,750 FY10 - $98,500 FY11 $103,000 FY12 $109,000 FY13 $114,000 h. Approved the award of Bid No. 09-54A for 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. Approved the award of 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. Approved Change Order No. 1 to Contract No. 08-278 to Brazos Paving, Inc. Annual blanket purchase order for concrete curb/gutter & flatwork, used to maintain City infrastructure. This action increases the total amount of the contract from $411,000 to $513,750 an increase of $102,750. k. Approved the ratification of month-to-month renewal agreement and authorization of expenditures with Shelby Building Maintenance dba Professional Floor Service for $16,679.00 per month. l. Approved Resolution No. 7-23-2009-2L 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. Approved 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. Approved Resolution No. 7-23-2009-2n 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. 9 Minutes City Council Regular Meeting Page 3 Thursday, July 23, 2009 o. Approved the amendment to 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. Approved the amendment to 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. Approved the authorization of 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. Approved the ratification of $56,808.46 expended and provide funds for additional legal costs associated with this project through September 30, 2009. r. Approved the authorization of 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. Funds used for additional legal costs associated with this project through September 30, 2009. s. Approved 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. Approved 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. Approved Ordinance No. 3192 amending the 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 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. Troy Rother, Traffic Engineer presented this item. Staff recommended approval of the ordinance amendment to improve mobility in the area by removing parking on both sides of Welsh Avenue beginning with Holleman Drive and extending north 100 feet. The on-street parking on both sides of the street has caused problems with traffic moving through the signalized intersection at Holleman and Welsh. 10 Minutes City Council Regular Meeting Page 4 Thursday, July 23, 2009 Mayor White opened the public hearing. No one spoke. He closed the public hearing. Council member Lyles made a motion to approve Ordinance No. 3193 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. Motion seconded by Councilmember Stewart. Motion carried unanimously, 5-0. FOR: White, Lyles, Maloney, Stewart, Ruesink AGAINST: None ABSENT: Crompton and Massey 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. Senior Planner Jennifer Prochaska presented this item. She stated that the Comprehensive Plan was adopted with a focus on community character and the creation of places of distinction. The city’s existing zoning districts may no longer be the most relevant tools to implement the Comprehensive Plan and like that existing zoning districts will need to be amended and new zoning district created. During the interim, the Planned Development District may be an effective tool to help College Station realize the goals of the Comprehensive Plan. The UDO, 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. The Planning and Zoning Commission unanimously recommended approval at their July 2, 2009 meeting. Staff also recommended approval. Mayor White opened the public hearing. Brian Alg, 2003 Longmire Court, stated concern about the city’s involvement in placing restrictions on infrastructure in private development. Mayor White closed the public hearing. Council member Maloney moved approval of Ordinance No. 3194 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. Motion seconded by Council member Stewart. Motion carried unanimously, 5-0. FOR: White, Maloney, Stewart, Ruesink, Lyles AGAINST: None ABSENT: Crompton and Massey 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. Dave Coleman, Director of Water Services explained that the staff recommended to City Council the approval of a resolution providing an exception to policy allowing Mr. Thomas and Ms. Palasota to construct sewer infrastructure necessary to connect their homes to the City sewer system. The homes 11 Minutes City Council Regular Meeting Page 5 Thursday, July 23, 2009 are located along Cheyenne Drive and Buggy Lane in the area of Wellborn Road and Capstone, in the city’s extraterritorial jurisdiction. The City does not hold the CCN for this area, and an exception to Policy is required. Mayor White opened the floor to applicant, Ed Thomas of 14222 Buggey Lane. He requested Council support of his request. Mr. Thomas made special comments about Lance Simms, City’s Building Official and his courteous service. Motion made by Council member Maloney to approve Resolution No. 7-23-2009-03 as presented providing an exception to policy to allow Ed Thomas and Carolyn Palasota to construct sewer infrastructure necessary to connect their homes to the City sewer system. Motion seconded by Council member Ruesink, which carried unanimously, 5-0. FOR: White, Maloney, Ruesink, Stewart, Lyles AGAINST: None ABSENT: Crompton and Massey 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 This item was deferred to next regular council meeting, August 17, 2009. 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 Council member Lyles made the motion to appoint to the Cemetery Committee, Sarah Adams, Virginia Reese, Kathleen Ireland for two year term and Matthew Crowley one year term. Motion seconded by Council member Stewart, which carried unanimously, 5-0. Council member Maloney moved to appoint Earl Apgar as Chairman, Louis Hodges, James McGinnis, Anne Steen, Meredith Waller, and Ernie Wright for two year term, and Libby Vastano and Hillary Jessup for one year term. Motion seconded by Council member Lyles, which carried unanimously, 5-0. 12 Minutes City Council Regular Meeting Page 6 Thursday, July 23, 2009 Council member Lyles made a motion to appoint Richard Dabney, Mike Lane, and Oran Mikael for two year term on the Construction Board of Adjustments and Appeals. Motion seconded by Maloney, which carried unanimously, 5-0. Council member Lyles made a motion to appoint Jody Ford to the Parks and Recreation Board for a one year term. Motion seconded by Stewart, which carried unanimously, 5-0. Council members Crompton and Massey were absent from the meeting. 6. Presentation, possible action, and discussion of Mayor Pro Tem appointment. This item was deferred to next regular council meeting, August 17, 2009. 7. Adjourn. Being no further business, Mayor White closed the regular meeting at 7:40 p-m. PASSED AND APPROVED this 17th day of August, 2009. APPROVED: _______________________ Mayor Ben White ATTEST: __________________________ City Secretary Connie Hooks 13 August 17, 2009 Consent Agenda Item No. 2b Creekview Elementary School Speed Zones To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, Section 2F, of the College Station Code of Ordinances regarding the Traffic Control Device Inventory, Schedule V (School Zones). Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This item will amend Schedule V of the Traffic Control Device Inventory by adding a 20 mph school zone on Eagle Avenue at the Creekview Elementary School. Creekview Elementary is the new elementary school in CSISD and is planned to open this August. It is located on Eagle Ave adjacent to the intersection with New Port Ln. The school zone will extend from west of New Port to 385 feet east of the school property. The attached revised Exhibit B (dated August 17, 2009) - Schedule V of the Traffic Control Device Inventory, indicates the proposed addition in bold italics, which are all under the section for Creekview Elementary. The addition of these school zones will provide safer conditions for the school children. Budget & Financial Summary: Funds for the addition of the appropriate “School Speed Limit” signs and assemblies as well as required striping are available in the Public Works Traffic Operation budget. Attachments: 1. Ordinance with Exhibit A & B 2. Location Map 14 15 16 17 18 19 20 21 C h e s a p e a k e L n Newport Ln Westfield Dr E a g l e A v Fallbrook Lp Wheaton Ct Location MapÊProposed School Zone 0 175 350 525 70087.5 FeetJuly 28, 2009 Proposed School Zone Creekview Elementary Eagle Ave ExtensionCompleted: July 2009 22 August 17, 2009 Consent Agenda Item No. 2c Annual Price Agreement for Crack Sealant and De-tack Sealant Material To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding approval of a renewal of the annual price agreement with Crafco Texas Inc. to provide crack sealant material and de-tack sealant material for the maintenance of streets in an amount not to exceed $98,648.75 remaining the same as the current agreement. Recommendation(s): Staff recommends approval. Summary: Under this agreement the unit price for crack sealant, polyflex type III is $0.48 per lb. The unit price for detack sealant is $8.15 per gallon. The annual price agreement supports maintenance operations in the Street Maintenance Division. Budget & Financial Summary: Funding is available in the operating budget of the Street Maintenance Division. Attachments: 1. Renewal letter 23 24 25 26 27 28 August 17, 2009 Consent Agenda Item No. 2d Call Public Hearing on FY 09 - FY 10 Proposed Budget To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on calling a public hearing on the City of College Station 2009-2010 Proposed Budget for Thursday August 27, 2009 at 7:00 PM in the Council Chambers of College Station City Hall located at 1101 Texas Avenue College Station, Texas. Recommendation(s): Staff recommends the City Council call a public hearing on the City of College Station 2009-2010 Proposed Budget for Thursday August 27, 2009 at 7:00 PM in the Council Chambers of College Station City Hall located at 1101 Texas Avenue College Station, Texas. Summary: The City Charter says: “At the meeting at which the budget is submitted, the City Council shall fix the time and place of a public hearing on the budget and shall cause to be published a notice of the hearing setting forth the time and place thereof at least five (5) days before the date of the hearing.” After the public hearing the Council may insert or delete items or may increase or decrease items so long as the total of any increases or insertions do not increase the total budget by 3% or more. Budget & Financial Summary: The proposed budget will be available for review. Attachments: N/A 29 August 17, 2009 Consent Agenda Item No. 2e Texas Commercial Waste Container Lease Agreement To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a resolution approving a third annual renewal of a five (5) year agreement for the lease of slant-top, front-end loading refuse containers for an annual estimated expenditure of $183,780.00. Recommendation(s): Staff recommends approval of the renewal agreement with Texas Commercial Waste for an annual estimated expenditure of $183,780.00. Summary: BID #06-62 was opened on April 4, 2006 @2:00 P.M. Two (2) bids were received and opened. Texas Commercial Waste was the lowest responsible bidder. The monthly lease rate for 8 yard containers as bid is $15.00 per month and the rate for 4 yard containers is $7.50 per month. The price includes delivery, storage of inventory and maintenance of the containers. The number of commercial leased containers has increased from 898 8 yard containers in 2008 to 946 8 yard containers in 2009. The number of 4 yard containers remains the same at 150. The lease is for a five year period in order for the vendor to amortize the capital costs of the containers, thus reducing lease costs. Staff does review the possibility of city ownership and maintenance on a yearly basis, but has determined it is not cost effective due to onetime costs, ongoing costs, and inadequate available storage and maintenance space. The lease arrangement is preferable to the cost of the city purchasing and maintaining new containers. It is estimated that the City would pay $965.00 to purchase individual 8 yard containers and $659.00 for 4 yard containers. The onetime cost to purchase these containers would be approximately $1,011,740. Additional costs would include a fulltime painter and welder at an estimated cost of $64,000.00, paint and repair bay building at approximately $12,000.00, and finally, equipment, materials, maintenance, and 5 percent yearly replacement costs are estimated at $102,580.00. The lease agreement was approved by council on May 25, 2006. (Contract No. 06-165) Budget & Financial Summary: The Lease Agreement is effective July 2009, and funds are budgeted in the Sanitation Fund, Commercial Collection Division. Attachments: 1. Renewal Agreement. 30 31 32 33 34 August 17, 2009 Consent Agenda Item No. 2f George Bush Drive Naming Clarification To: Glenn Brown, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action and discussion regarding a resolution clarifying that George Bush Drive is named to honor the 41st President of the United States George H. W. Bush. Recommendation(s): N/A Summary: This item was previously requested by the City Council. The College Station City Council renamed Jersey Street to George Bush Drive in 1989 in order to honor George H. W. Bush and as a symbol of community support for the effort to place the George Bush Presidential Library on the TAMU campus. The street is originally named to honor the 41st president as his Presidential Library is located within the city and this resolution makes that clarification. If approved, no addresses or street signs would be changed. Budget & Financial Summary: N/A Attachments: 1. Resolution 35 36 August 17, 2009 Consent Agenda Item No. 2g 2009 Atmos Rate Review Mechanism Increase To: Glenn Brown, City Manager From: Hayden Migl, Assistant to the City Manager Agenda Caption: Presentation, possible action, and discussion regarding an ordinance approving an increase in rates for Atmos Energy pursuant to the Rate Review Mechanism tariff approved in 2008. Recommendation(s): Staff recommends approval of the ordinance. Summary: The City of College Station, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On March 6, 2009, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. The Atmos Mid-Tex March RRM filing sought a $20.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached RRM tariff are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance and RRM tariffs approve rates that will increase the Company's revenues by $2.6 million effective for bills rendered on or after August 1, 2009. The RRM tariff was approved by cities as part of the settlement agreement to resolve Atmos' 2007 rate increase case. Atmos' rate request represents the second filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by the Steering Committee and Atmos as an alternative to the GRIP surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three- year trial period specified by the tariff. Budget & Financial Summary: The monthly bill impact for the average residential customer will be a $0.15 increase (about a 0.22% increase in the total bill). Attachments: 1. Ordinance 2. Tariffs “Attachment A” 3. Proof of Revenue “Attachment B” 4. Model Staff Report 5. Rate Review Mechanism Fact Sheet 6. Memorandum from Rate Case Consultants Lloyd Gosselink Attorneys at Law 37 38 39 40 ORDINANCE NO. _______ Page 4 41 ORDINANCE NO. _______ Page 5 42 ORDINANCE NO. _______ Page 6 43 ORDINANCE NO. _______ Page 7 44 ORDINANCE NO. _______ Page 8 45 ORDINANCE NO. _______ Page 9 46 ORDINANCE NO. _______ Page 10 47 ORDINANCE NO. _______ Page 11 48 ORDINANCE NO. _______ Page 12 49 ORDINANCE NO. _______ Page 13 50 ORDINANCE NO. _______ Page 14 51 ORDINANCE NO. _______ Page 15 52 ORDINANCE NO. _______ Page 16 53 ORDINANCE NO. _______ Page 17 54 ATTACHMENT B Line No. Prospective Rate Increase 2008 True-up Total change from current rates (a)(b)(c)(d) 1 Rate R 2 Consumption Charge per MCF 3 Change from Current Rate $0.1047 $0.0060 $0.0297 4 Billing Units for Specified Period 82,321,960 82,321,960 82,321,960 5 Total Change in Base Revenue $8,619,109 $493,932 $2,444,962 6 Associated Revenue Taxes $532,144 $30,495 $150,952 7 Total Rate Impact $9,151,253 $524,427 $2,595,914 8 Number of Bills for Specified Period 17,244,058 17,244,058 17,244,058 9 Average Impact per Bill $0.53 $0.03 $0.15 10 Rate C 11 Consumption Charge per MCF 12 Change from Current Rate $0.0383 $0.0052 $0.0068 13 Billing Units for Specified Period 52,439,100 52,439,100 52,439,100 14 Total Change in Base Revenue $2,008,418 $272,683 $356,586 15 Associated Revenue Taxes $124,000 $16,835 $22,016 16 Total Rate Impact $2,132,417 $289,519 $378,601 17 Number of Bills for Specified Period 1,452,943 1,452,943 1,452,943 18 Average Impact per Bill $1.47 $0.20 $0.26 19 Rates I&T - 1st block 20 Consumption Charge per MCF 21 Change from Current Rate $0.0144 $0.0087 ($0.0150) 22 Billing Units for Specified Period 9,681,181 9,681,181 9,681,181 23 Total Change in Base Revenue $139,409 $84,226 ($145,218) 24 Associated Revenue Taxes $8,607 $5,200 ($8,966) 25 Total Rate Impact $148,016 $89,426 ($154,183) 26 Rates I&T - 2nd block 27 Consumption Charge per MCF 28 Change from Current Rate $0.0105 $0.0064 ($0.0109) 29 Billing Units for Specified Period 10,782,882 10,782,882 10,782,882 30 Total Change in Base Revenue $113,220 $69,010 ($117,533) 31 Associated Revenue Taxes $6,990 $4,261 ($7,257) 32 Total Rate Impact $120,210 $73,271 ($124,790) 33 Rates I&T - 3rd block 34 Consumption Charge per MCF 35 Change from Current Rate $0.0023 $0.0014 ($0.0023) 36 Billing Units for Specified Period 19,798,632 19,798,632 19,798,632 37 Total Change in Base Revenue $45,537 $27,718 ($45,537) 38 Associated Revenue Taxes $2,811 $1,711 ($2,811) 39 Total Rate Impact $48,348 $29,429 ($48,348) 40 Rates I&T - Total 41 Total Rate Impact $316,575 $192,127 ($327,322) 42 Number of Bills for Specified Period 11,571 11,571 11,571 43 Average Impact per Bill $12.79 $7.73 ($13.32) 44 45 Total Change in Base Revenue $10,925,693 $947,570 $2,493,260 46 Total Rate Impact (Inc. Rev. Taxes)$11,600,245 $1,006,073 $2,647,194 Description ATMOS ENERGY CORP., MID-TEX DIVISION PROOF OF REVENUES TEST YEAR ENDING DECEMBER 31, 2008 (2009 RRM SETTLEMENT PROPOSAL) ORDINANCE NO. _______ Page 18 55 Atmos RRM Ordinance Staff Report 1 MODEL STAFF REPORT The City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex” or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or “Steering Committee”). On March 6, 2009, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. The Atmos Mid-Tex March RRM filing sought a $20.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached RRM tariff are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance and RRM tariffs approve rates that will increase the Company's revenues by $2.6 million effective for bills rendered on or after August 1, 2009. The monthly bill impact for the average residential customer will be a $0.15 increase (about a 0.22% increase in the total bill). Please note that current rates contain a true-up component ($9 million to be collected over twelve months) from the first RRM in 2008. Collection of the 2008 true-up amount is scheduled to end on November 1, 2009. The rate impact of that 2008 true-up amount for the period August 1 – October 31, 2009 is $1,006,073. To simplify the process and to reduce rate fluctuations, the parties have agreed to eliminate collection of the 2008 true-up on August 1, 2009 rather than November 1, 2009. The remaining $1,006,073 that is still owed from the 2008 true-up will be recovered as part of the 2009 true-up over 12 months rather than 3 months. This change related to the 2008 true-up amount is revenue and rate impact neutral. The ACSC Executive Committee recommends that all ACSC Cities adopt the Ordinance implementing the rate change. RRM Background: The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 rate increase case. Atmos Mid-Tex’s current action represents the second filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the GRIP surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three-year trial period specified by the tariff. There are two components to the RRM adjustment. The prospective component adjusts rates for known and measurable changes in O&M and net plant investment. Atmos Mid-Tex and ACSC agreed to cap changes to expenses and invested capital at no more than 5%. The true-up component evaluates whether the Company has over or underrecovered its earnings for the previous year. For purposes of the RRM true-up component, the Atmos Mid-Tex rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first- 56 Atmos RRM Ordinance Staff Report 2 class air fare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Purpose of the Ordinance: The purpose of the Ordinance is to approve rate tariffs (“Attachment A”) and Proof of Revenues (“Attachment B”) that reflect the negotiated rate change pursuant to the RRM process. In addition to the RRM tariffs, the Ordinance also approves a revision to the Atmos Mid-Tex current Gas Cost Recovery ("GCR") tariff to allow the Company to recover certain hedging costs associated with natural gas futures through the GCR tariff. As a result of the negotiations, ACSC was able to reduce the Company's requested $20.2 million RRM increase by more than 70%. Approval of the Ordinance will result in rates that implement a $2.6 million increase in Atmos' revenues effective August 1, 2009. Reasons Justifying Approval of the Negotiated Resolution: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $20.2 million increase requested by the Company, ACSC consultants agree that the Company can justify a slight increase in revenues. The agreement on $2.6 million is a compromise between the positions of the parties. The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission of Texas (“RRC”) on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses and would not likely produce a result more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. With regard to the revision to the GCR tariff, ACSC has advocated that the Company use hedging as a risk management tool to help mitigate volatile natural gas prices. The tariff change is consistent with ACSC's prior position. Explanation of "Be It Ordained" Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs (“Attachment A”) and the Company's Proof of Revenues (“Attachment B”) in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section requires the Company to reimburse ACSC for reasonable rate making costs associated with reviewing and processing the RRM application. 57 Atmos RRM Ordinance Staff Report 3 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 7. This section is a "Most Favored Nations" clause, which protects the City by mandating that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. 8. This section allows the Company to recover certain costs associated with natural gas hedging through the GCR tariff. 9. This section provides for an effective date upon passage. 10. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. 58 Rate Review Mechanism Fact Sheet *The Rate Review Mechanism (RRM) was created in 2008 as part of a collaborative agreement between ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability Infrastructure Program (GRIP) surcharge process. *The RRM authorizes cities to meaningfully review and dispute the company’s annual rate filings in an expedited rate proceeding at the city level. This authority was lacking under the GRIP process. *The RRM is a substitute for GRIP filings during the three-year trial period (2008 – 2010). *The RRM permits the Company to seek an annual review of its revenues, estimated cost of operations, and capital investments. In most cases, the company cannot seek rate adjustments greater than 5 percent. The Company must provide evidence as part of the annual review process that cities can assess and, if necessary, challenge. *The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses exceed its anticipated revenues for a 12 month period. However, if the Company's revenues exceed its authorized rate of return, it must issue refunds. Costs Expressly Prohibited from Recovery Under the RRM: First class airfare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. The RRM is applicable only to the Company's base rates - the cost of delivering natural gas to customers. The commodity price of natural gas is a pass-through cost to customers that can change monthly based upon the price of natural gas. RRM Bill Impacts: Pursuant to the negotiated agreement between Atmos and the Steering Committee, the tariffs implementing the RRM will increase rates by $2.6 million. The average monthly customer impact by class will be: Residential (4.7 Mcf/month) - $0.15/month increase (0.22% overall increase) Commercial (36.1 Mcf/month) - $0.26/month increase (0.06% overall increase) Industrial (3480 MMBtu/month) - $46.80/month decrease (1.96% overall decrease) 59 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com M E M O R A N D U M TO: Atmos City Steering Committee (ACSC) Members FROM: Geoffrey Gay Kristen Doyle DATE: July 8, 2009 RE: Atmos RRM Settlement - FINAL ACTION NEEDED BY AUGUST 31, 2009 The ACSC Settlement Committee (Jay Doegey – Arlington, Danny Reed – Fort Worth, Mark Israelson – Plano, Phil Boyd – Lewisville, Odis Dolton - Abilene), with the advice and input of ACSC consultants and lawyers, has worked to resolve the Company's pending $20.2 million Rate Review Mechanism ("RRM") rate increase request without the necessity of a protracted and costly contested case proceeding. The attached tariff that reflects rates that will increase Atmos' revenues by $2.6 million. The negotiated result reduces Atmos' requested rate increase by more than 85%. The monthly bill impact for an average residential customers will be $0.15. The ACSC Executive Committee recommends approval of the negotiated resolution because it represents an outcome that is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Please schedule consideration of the Ordinance at your next available council meeting. Final council action to approve the Ordinance must take place by August 31, 2009. To assist you, several documents are attached: · An ordinance setting new rates. The approved Ordinance should include the attached Tariffs ("Attachment A" to the Ordinance) and Proof of Revenues ("Attachment B") · A model staff report · A RRM fact sheet with customer impacts by class Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is unable to meet the August 31st deadline for final action. Once final action has been taken by your city, please forward a copy of the Ordinance to Atmos Mid-Tex and to our paralegal, Barbara Kimmell (fax number: 512/472-0532, bkimmell@lglawfirm.com). 60 August 17, 2009 Consent Agenda Item No. 2h Resolution Determining Need (Easement Acquisition) To: Glenn Brown, City Manager From: Chuck Gilman, PE, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of easements needed for the Water Reclamation Project, the future development of a bicycle and pedestrian facility project, and the future installation of sanitary sewer lines. Recommendation(s): Staff recommends Council approval of the Resolution. Summary: The City Council previously approved a Resolution on March 26, 2009 that authorized the City to acquire easements necessary for the construction, maintenance and operation of the Water Reclamation Project and the construction, maintenance and operation of a bicycle and pedestrian facility project generally in the area described in the attached Project Map. The staff has now identified a need to install sanitary sewer lines in the easements. This Resolution authorizes the City to acquire the easements for all of the above-referenced public uses. Budget & Financial Summary: This project is funded by Utility Revenue Bonds in the amount of $3,606,730. Funds for this project are budgeted and available. Attachments: 1. Resolution Determining Need 2. Project Map – Attachment to Resolution 3. Project Vicinity Map 61 62 63 64 65 66 67 68 August 17, 2009 Consent Agenda Item No. 2i Resolution to Condemn a Public Water Utility Easement and a Temporary Construction Easement for the Wellborn Widening Project (Water Line Relocation) To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding approval of a Resolution that will authorize the City Attorney to condemn a public water utility easement and a temporary construction easement needed for the relocation of existing College Station utilities to accommodate the Wellborn Widening Project. Recommendation(s): Staff recommends approval of the Resolution which will authorize the City Attorney to acquire the easements through condemnation. Summary: TxDOT’s widening of Wellborn Road, from 2818 to SH 40, necessitated the removal and replacement of a major water line formerly located along the east side of Wellborn Road. The water line is needed to transport potable water from Dowling Road Pump Station to Greens Prairie Elevated Storage Tank and serve developing areas in south College Station. A portion of the line has already been replaced, but the final section remains incomplete. In 2004, staff had plans to lay the pipe in the railroad right of way. Before construction, however, the adjoining property owners filed an adverse possession claim against the railroad, which prevented the City from installing the line. It was subsequently decided to move the line onto private land and Council authorized staff to negotiate for the purchase of the easements by approving a Needs Resolution on November 24, 2008. Staff has negotiated in good faith for the purchase of the last easements needed for the project. The required property includes a thirty foot (30’) wide permanent public water utility easement and thirty foot (30’) wide temporary construction easement along the west side of Wellborn Road and the Union Pacific Railroad, south of Rock Prairie Road. The easements extend along the north and east boundary of the 200 acre tract owned by Betty Sue Ellington Schuette Hill, et al. To date, the City and landowners have been unable to finalize an agreement for the purchase. Budget & Financial Summary: Although the easements have been appraised for $51,793.00, the award will be unknown until the Special Commissioners’ hearing is complete. There will also be additional expenditures required for outside counsel, appraisal testimony, court fees, filing fees, title insurance and closing costs. Funds in the amount of $4,250,000 are for currently budgeted for this project in the Water Capital Improvement Projects Fund as part of the Wellborn Widening Project. $3,459,355 has been expended or committed to date, leaving a balance of $790,645. Attachments: Project Map Resolution with Exhibits 69 4 Wellborn Widening ProjectWater Line Relocation Subject Property Wellborn Road SH 40 Proposed Easements 70 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE BY CONDEMNATION AN EXCLUSIVE, PERMAlVElVT PUBLIC WATER UTILITY EASEMENT REGARDING 3.676 ACRES OF LAND MORE OR LESS, AND A RELATED TEMPORARY CONSTRUCTION EASEMENT REGARDING 3.680 ACRES OF LAND MORE OR LESS, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, A PART OF THE ROBERT STEVENSON LEAGUE ABSTRACT NO. 54; (2) A DECLARATION THAT A PUBLIC hTECESSITY EXISTS FOR THE CITY TO ACQUIRE SAID EASEMENTS BY CONDEMNATION IN ORDER TO ACCOMPLISH AN AUTHORIZED AND DECLARED PUBLIC USE AND PURPOSE; (3) THE RATIFICATION OF ALL PRIOR CITY ACTS AND RESOLUTIONS; AND (4) THE ESTABLISHMENT OF AN EFFECTIVE DATE AND COMPLIANCE WITH THE OPEN MEETING STATUTES. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality which is duly incorporated and chartered under the constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal water utility system ("water utility system") as a public service, in order to provide water service to the public and the City, now and in the future; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the water utility system is a benefit to the public, because the system currently provides, and will provide in the future, an important source of water to the public and the City. Therefore, the water utility system, including the City's ownership, operation, construction, repair, and maintenance of the system, now and in the future, are hereby declared to be worthwhile public uses and purposes; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property, inside or outside the municipality, in order to efficiently carry out the ownership, operation, construction, repair, and maintenance of its water utility system pursuant to the following, non-exclusive authority, the contents of which are incorporated by reference: Chapters 25 1 and 402 of the Texas Local Government Code; Chapter 2 1 of the Texas Property Code; and articles I and I1 of the City Charter; and WHEREAS, the City is engaged in the following project regarding the improvement and expansion of its water utility system related water system facilities, waterlines, water pipelines, valves, fiber optic cables, infrastructure, improvements and related appurtenances known as the Wellborn Widening Project also referred to as the Water Project ("project"). This project will benefit the public and the City because its completion and operation will enhance and improve the transportation and distribution of water related water system facilities, waterlines, water pipelines, valves, fiber optic cables, infrastructure, improvements and related appurtenances available to the community at large. Therefore, this project, which includes the acquisition of the easements herein described, is hereby declared to be a worthwhile public use and purpose; and 71 WHEREAS, the City determines that the best interests and needs of the public, including the health, safety, and welfare of the public, require and necessitate that the City's water utility system and related water system facilities, waterlines, water pipelines, valves, fiber optic cables, infrastructure, improvements and related appurtenances should be improved and expanded through the City's acquisition, by a condemnation proceeding, of the following easements: (a) an exclusive, permanent water system utility easement and right of way ("permanent public utility easement") regarding the project, on, in, over, along, under, across, and through a certain tract or parcel of land, being and situated in College Station, Brazos County, Texas, containing 3.676 acres more or less, a part of the Robert Stevenson League, Abstract No. 54, and for the payment of reasonable, adequate, and just compensation by the City to the owner or owners thereof, as required by law, said property being more particularly described by metes and bounds and survey plat in Exhibit A, which is attached hereto and incorporated by reference for water system facilities, water lines, water pipelines, valves, fiber optic cables, infrastructure, improvements and related appurtenances; and (b) a related temporary construction easement ("temporary construction easement") regarding the project, on, in, over, along, under, across, and through a certain tract or parcel of land, being and situated in College Station, Brazos County, Texas, containing 3.680 acres more or less, a part of the Robert Stevenson League, Abstract No. 54, and for the payment of reasonable, adequate, and just compensation by the City to the owner or owners thereof, as required by law, said property being more particularly described by metes and bounds and survey plat in Exhibit B, which is attached hereto and incorporated by reference ("temporary construction easement"); and (c) said permanent easement and temporary construction easement being hereafter referred to as the subject property unless otherwise designated; and WHEREAS, pursuant the authority stated herein, the City intends and seeks to acquire the aforementioned easements regarding the subject property for the following, declared public uses and purposes regarding the project: (a) the construction, installation, inspection, placement and removal of water lines, water pipelines, valves, fiber optic cables, infrastructure, facilities, improvements and related appurtenances by the City, on, in, over, above, along, under, across, and through said property, in order to improve, expand, and maintain the source, transmission and distribution of water within the City's water utility system, now and in the future, for the benefit of the public and the City, as described herein; and (b) the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the water utility system at the location of said permanent utility easement on the subject property, including all water lines, water pipelines, valves, fiber optic cables, infiastructure, facilities, improvements and/or related appurtenances placed on, in, over, above, along, under, across, and through said property, in order to improve, expand, and maintain the transmission and distribution of water within the City's water utility system, now and in the future, for the benefit of the public and the City, as described herein; and WHEREAS, pursuant to the project, a public necessity exists for the City to acquire by condemnation proceeding the permanent easement and the temporary construction easement regarding the subject property for the public uses and purposes described herein, and 72 WHEREAS, pursuant to the project, the City's acqwisition of the permanent easement and the temporary construction easement regarding the subject property by a condemnation proceeding is necessary to accomplish, achieve, and advance the public uses and purposes described herein; and WHEREAS, upon acqwisition of the permanent easement, the City shall allow the owner of the swbject property to use all or any part of the easement acquired for any purpose that does not damage, destroy, injure, or interfere with the City's efficient, safe, or convenient use of the easement acquired, as described herein, including the specific use limitations of said owner as described herein; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of College Station, Texas: 1. Singular nouns and pronouns shall include the plural, and the masculine gender shall include the feminine gender, where necessary for a correct meaning of this resolution. 2. All prior resolutions or orders regarding the project, the permanent public utility easement, the temporary construction easement, and the subject property are hereby supplemented and incorporated by reference. 3. All prior acts of the City, including the acts of its elected officials, officers, employees, agents, or attorneys, regarding the project, the permanent public utility easement, the temporary construction easement, and the subject property are hereby authorized, ratified, approved, confirmed, and validated. 4. All statements made in the caption, preamble, preliminary recitals, and the documents attached to this resolution are true, correct, and incorporated by reference. 5. A public necessity exists and it is in the best interests and needs of the public, including the health, safety, and welfare of the public, pursuant to the utility project described above, require that the water utility system of the City be improved and expanded by the City's acquisition of the permanent easement and the temporary construction easement regarding the subject property, as described herein. 6. The permanent easement and the temporary construction easement regarding the swbject property, pursuant to the project and as described herein, is sought and shall be acquired by the City for the following public uses and purposes: a. the construction, installation, inspection, placement and removal of water lines, water pipelines, valves, fiber optic cables, and related water utility infrastructure, facilities, improvements and related appurtenances by the City, on, in, over, above, along, under, 73 across, and through said property, including but not limited to water transmission lines, connecting water pipelines, access facilities, attachment structures and equipment, and communication lines specifically related thereto, in order to improve, expand, and maintain the source, transmission, and distribution of water within the City's water utility system, now and in the future, for the benefit of the public and the City; and b. the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the water utility system at the location of said permanent easement, including all utility infrastructure, facilities, improvements or appurtenances placed on, in, over, above, along, under, across, and through said property, as described herein, in order to improve, expand, and maintain the source, transmission, and distribution of water within the City's water utility system, now and in the future, for the benefit of the public and the City. 7. All public uses and purposes described in this resolution are hereby declared to be worthwhile, convenient, and a public necessity to justify and support the acquisition of the permanent easement and the temporary construction easement by the City through a condemnation proceeding. 8. Regarding the permanent easement, temporary construction easement, and subject property described in this resolution, and pursuant to the project, the City hereby declares the following: a. The city made a bona fide, good faith offer to purchase said easements from the owner of the subject property. Said offer was rejected or not accepted by the owner. Thus, the City and said owner are unable to agree on the issue of damages or compensation. Therefore, a public necessity and convenience exists for the City to acquire said easements through a condemnation proceeding for the public uses and purposes stated in this resolution. b. The City's acquisition of said easements through a condemnation proceeding is necessary and convenient to accomplish, achieve, and advance the public uses and purposes stated in this resolution. 9; Pursuant to the project, the City's elected officials, officers, employees, agents, representatives, and attorneys are hereby authorized to engage in the following conduct regarding the permanent easement, the temporary construction easement, and the subject property: 74 a. Said representatives shall have the authority to lay-out or map the exact location of the land needed regarding the subject property. b. Said representatives shall have the authority to hire, engage, or direct such City staff, engineers, surveyors, 'appraisers, title companies, architects, attorneys, or other persons or entities needed to effect: the mapping or design of the necessary water lines, pipelines, valves, fiber optic cables, infrastructure, facilities, improvements or related appurtenances on the subject property; the establishment and acquisition of the necessary title to the subject property; and the construction, operation, inspection, and maintenance of the necessary water utility infrastructure, facilities, or improvements on the subject property. c. Said representatives shall have the authority, with the consent of the property owner or through a court order, to enter upon the subject property for the purpose of: surveying and establishing title; determining reasonable, adequate, and just compensation; conducting tests; or negotiating with the owner for the purchase of the required property interests. d. Said representatives shall have the authority, after determining reasonable, adequate, and just compensation for said easements, to negotiate with the property owner for the purpose of acquiring for the City the required property interests by purchase. e. Said representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding the subject property. f. Said representatives shall have the authority to initiate and complete all other actions deemed necessary and appropriate to effect the accomplishment of the public use-s and purposes described herein. 10. Upon acquisition of the permanent easement, the City shall allow the owner of the subject property to use all or any part of the easement acquired for any purpose that does not damage, destroy, injure, or interfere with the City's efficient, safe, or convenient use of the easement acquired; however: (a) said owner shall not be allowed to lay-out, dedicate, construct, maintain, or use any house, structure, or reservoir, or to permit same to be accomplished, on, over, under, through or within said easement except as provided herein; but (b) said owner shall be allowed to lay-out, dedicate, construct, maintain, or use roads, streets, alleys, and driveways, on, over, or within said easement, provided that said use does not 75 change the grade over the land of said easement without the prior written consent of the City. 11. Upon acquisition of the temporary construction easement, said easement shall exist only for such period of time as is required for the construction, installation, completion, and inspection of all water lines, pipelines, valves, fiber optic cables, infrastructure, facilities, improvements or related appurtenances placed on, in, over, above, along, under, across, and through the subject property, as described herein, after which time said temporary construction easement shall cease to operate or be effective. 12. This resolution and order shall take effect immediately from and after its passage. 13. This resolution was considered and passed at a meeting held in compliance with Chapter 55 1 of the Texas Government Code, the Texas Open Meetings Act. ADOPTED this 17th day of August , A.D. 2009. ATTEST: APPROVED: CONNIE HOOKS, City Secretary BEN WHITE, Mayor APPROVED: Gty Attorney 76 Exhibit "A" and Exhibit "B" Property Descriptions and Diagrams Follow this Page 77 Joe Orr, Inc. Surveyors CG Engineers - 2 167 Post Oak Circle College Station, Texas (979) 690-33781693-2777 Proposed 30' Easement Elliilgton and Hill Tract Robert Stevenson League A-54 College Station, Texas 11 August, 2008 A11 that certain tract or parcel of land lying and being situated in the Robert Stevenson League, Abstract no. 54, in College Station, Brazos County, Texas, being a part of that tract conveyed to Verna T. Ellington and Betty Sue Ellingtan Hill by deeds recorded in Volume 3082, Page 5 and Volume 7464, Page 275 of the Official Records of Brazos County, Texas, being an easement thirty feet (30') in width lying along and adjoining the westerly right-of-way line of the Union Pacific Railroad extending from the southeast line of North Graham Road to the northwest line of that 4.301 acre tract conveyed to Wellbom Water Supply Corporation by deed recorded in Volume 2700, Page 114 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the intersection of the west right-of-way line of the Union Pacific Railroad (200: width) as recorded in Volume U, Page 387 of the Deed Records of Brazos County, Texas and the northwest line of the said Wellborn Water Supply Corporation tract at a point located S 43" 08' 52" W - 74.80 feet from a %" iron rod found (1996) at a fence comer marking the north comer of the said Wellborn Water tract, a 3/4" pipe found (1 996) at a cross-tie fence comer post at the west comer of the said Wellborn Water tract bears S 43" 08' 52" W - 517.34 feet, and &om where the City of College Station 1994 GPS monument no. 11 7 bears N 61" 49' 43" W - 6053.6 feet. Thence S 43" 08' 52" W - 43.36 feet along the northwest line of the said Wellbom Water Supply Corporation tract; Thence N 0" 37' 47" W - 1215.40 feet parallel to and 130' from the centerline of said railroad right-of-way to the beginning of a tangent curve to the left (R=2711.26 feet); Thence along the arc of said curve through a central angle of 46" 25' 42", the chord of which bears N 23" 50' 38" W - 2137.39', to the end of said curve; Ellington 30' esml. Exhibit A Page 1 of 2 78 Thence N 47" 03' 29". W - 1928.21 feet continuing parallel and 130 feet from the centerlfne of said railroad right-of-way to the southeast line of North Graham Road from where a tree at the fenced west comer of the said Ellington and Hill tract bears S 41" 08' 39" W - 2049.5 feet; Thence N 41" 08' 39" E - 30.01 feet along the southeast line of North Graham Road to the southwest right-of-way line of said railroad; Thence along the southwest right-of-way line of said railroad as follows; S 47" 03' 29" E - 1929.15 feet to the beginning of a tangent curve to the right (l2=2741.26'); Along the arc of said curve through a central angle of 46" 25' 42", the chord of which bears S 23' 50' 38" E - 2161.04', to the end of said curve; S 0' 37' 47" E - 1184.09 feet to the Point of Beginning and containing 3.676 acres of land more or less. Bearings are Texas State Plane, NAD83(1986) datum, based on 1994 City of College Station GPS monument nos. 117 and 134 (S 28" 54' 08" E). See separate survey plat dated August 2008. Ellington 30' esrnt. Exhibit A 79 Exhibit A 80 Joe Orr, Inc. Surveyors &Engineers 2 167 Post Oak Circle College Station, Texas (979) 690-33781693-2777 Proposed 30' Temporary Easement Ellington and Hill Tract Robert Stevenson League A-54 College Station, Texas 11 August, 2008 All that certain tract or parcel of land lying and being situated in the Robert Stevenson League, Abstract no. 54, in College Station, Brazos County, Texas, being a part of that tract conveyed to Verna T. Ellington and Betty Sue Ellington Hill by deeds recorded in Volume 3082, Page 5 and Volume 7464, Page 275 of the -official Records of Brazos County, Texas, being an easement thirty feet (30') in width lying dong and adjoining the westerly right-of-way line of the Union Pacific Railroad extending from the southeast line of North Graham Road to the northwest line of that 4.301 acre tract conveyed to Wellborn Water Supply Corporation by deed recorded in Volume 2700, Page 114 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning in the northwest line of the said Wellborn Water Supply Corporation tract at a point located S 43" 08' 52" W - 11 8.1 5 feet fiom a %" iron rod found (1996) at a fence comer marking the north comer of the said Wellborn Water tract, a %" pipe found (1 996) at a cross-tie fence comer post at the west comer of the said Wellborn Water tract bears S 43" 08' 52" W - 517.34 feet, said point also being 130' measured perpendicular fiom the centerline of the Union Pacific Railroad (200' width) as recorded in Volume U, Page 387 of the Deed Records of Brazos County, ex as and. Thence through the said Ellington tract as follows; N 0" 37' 47" W - 1215.40 feet parallel to and 130' fiom the centerline of said railroad right-of-way to the beginning of a tangent curve to the left (R=2711.26 feet); Along the arc of said curve through a central angle of 46" 25' 42", the chord of which bears N 23" 50' 38" W - 2137.39', to the end of said curve; N 47" 03' 29" W - 1928.21 feet continuing parallel and 130' from the centerline of said railroad right-of-way to the southeast line of North Graham Road from where a tree at the fenced west comer of the said Ellington and Hill tract bears S 41" 08' 39" W - 2049.5 feet; Ellington temp esmt. Page I of 2 Exhibit B 81 Thence S 41" 08' 39" W - 30.01 feet along the southeast line of North Graham Road to the northwest comer of this tract; Thence through the said Ellington tract as follows; S 47" 03' 29" E - 1927.26 feet to the beginning of a tangent curve to the right (R=268 1.26'); Along the arc of said curve through a central angle of 46" 25' 42", the chord of which bears S 23" 50' 38" E - 21 13.74' to the end of said curve; S 0" 37' 47" E - 1246.71 feet to the northwest line of the Wellbom Water Supply Corporation tract; Thence N 43" 08' 52" E - 43.36 feet along the northwest line of the said Wellbom Water Supply Corporation tract to the Point of Beginning and containing 3.680 acres of land more or less. Bearings are Texas State Plane, NAD83(1986) datum, based on 1994 City of College Station GPS monument nos. 117 and 134 (S 28" 54' 08" E). Ellington temp esrnt. Exhibit B Page 2 of 2 82 83 August 17, 2009 Consent Agenda Item No. 2j Department of Public Safety- Interlocal Agreement To: Glenn Brown, City Manager From: Jeff Capps, Interim Chief of Police Agenda Caption: Presentation, possible action and discussion regarding the approval of an interlocal agreement with the Texas Department of Public Safety. Recommendation(s): Staff recommends approval of the agreement Summary: The Texas Department of Public Safety (DPS) stocks certain forms, manuals and supplies for the Intoxilyzer Breath Testing Program and the Laboratory Alcohol and Drug Testing Program for all Texas cities, counties and state Department of Public Safety operations. This is done to control uniformity of procedures, consistency of paperwork and supplies for these programs. DPS requires all participating agencies to enter into an interlocal agreement every two years. College Station Police Department participates in these programs and has historically ordered supplies from DPS. This interlocal agreement is a renewal and will allow us to continue this practice. Budget & Financial Summary: N/A Attachments: 1. Interlocal Agreement 2. Purchasing instruction manual 84 85 86 TEXAS DEPARTMENT OF PUBLIC SAFETY INSTRUCTION MANUAL FOR PURCHASING BREATH TESTING SUPPLIES AND PRINTED MATERIAL FOR NON-DPS AGENCIES 87 INTRODUCTION The Texas Department of Public Safety is stocking certain forms, manuals and supplies for the Intoxilyzer Breath Testing Program and the Laboratory Alcohol and Drug Testing Program for all Texas cities, counties and state Department of Public Safety operations. This is being done to control uniformity of procedures, consistency of paper work and supplies of the Breath Testing Program and the Laboratory Alcohol and Drug Testing Program thus strengthening our position in court should the need arise. We will also be able to take advantage of volume buying thus passing on the savings to you, the customer. Certain minimum quantities and packaging will be required in order to be as efficient as possible. The prices will differ between DPS and non-DPS users. The non-DPS agencies will be charged a slightly higher price due to all administrative and handling expense and will be required by law to have an Inter-local Cooperation Contract on file with General Services Bureau for any supply item such as mouthpieces and alcohol blood tests kits. An Inter-local Contract is not required for printed materials. Instructions for DPS purchases will be contained in the DPS supply catalog. We strongly urge that all purchases be discussed and coordinated with your local Breath Test Program Technical Supervisor andor DPS Headquarters Laboratory Alcohol and Drug Testing Program personnel. These individuals are familiar with the ordering procedure and should be aware of any price changes. The Technical Supenisor or Laboratory Alcohol and Drug Testing personnel will also be in a position to advise the purchaser of the quantities of supplies that will be needed. (1) 88 INSTRUCTIONS FOR THE PURCHASE OF INTOXILYZER BREATH TESTING AND LABORATORY ALCOHOLIDRUG TESTING SUPPLIES 1. Submit your request on your department letterhead as per sample letter on page 4. This letter request must have an authorized signature and the name and phone number of a contact person. Also, Msh exemption number if tax exempt. This letter should be addressed to DPS GENERAL SERVICES BUREAU. P.O.BOX 15999. AUSTIN, TEXAS 78761-5999. 2. See price list on page 3a dated 08-03-09. These prices will be subject to change on a periodic basis and includes shipping and administrative cost. 3. Check or money order should be attached to the letter made out to the Department of Public Safety and should cover any tax, if applicable. 4. Our minimum stock quantities for non DPS agencies of Intoxilyzer Breath Testing and AlcohoVDrug testing supplies and printed materials will be as listed on page 3a and 3b. Minimum quantities must be adhered to. 5. If you have any questions concerning this procedure, please contact Department of Public Safety, General Services Bureau, 5 12-424-571 8 or TEX-AN- 225-57 1 8. 89 NON DPS AGENCIES PRICE SHEET This is a SAMPLE ORDER SHEET. USING YOUR LETTERHEAD, please follow this format rather than a purchase order fom. These items must be PREPAID. OUANTITY STOCK NO. DESCRIPTION MMIMUMOUANTlTY TOTALAMOUNT TLEBRO710 TEST RECORDS 5~b. 1 wkg s 5.oo~kg TLEBR38n INTOXILYZER Each (Binder, Tabs & 7.00each MANUAL Contents) PEACE OFFICER'S SWORN REPORT Pad of SO sets 2.5Wpad DICOUAI9 SPECIMEN ROUTING RPT. Pad of 50 sets 2.50lpad DICO2411 DWI STATUTORY WARNTNG Pad of50 sets 2.50Epad DIC02518 NOTICE OF SUSPENSION Pad of 50 sets 2.50!pad DICO5418 SWORN REPORT CMV Pad of 50 sets 2.5tWp~d DIC05515 PEACE OFFICER STATUTORY WARNING FOR COMM. VEH. Pad of SO sets 2.5Wpnd DIC056n BREATH TEST TECHNICAL SUPERVISOR AFFIDAVIT Pad of 50 sets 2.50/pad DIC05711 DISQUALIFICATION NOTICE Pad of 50 sets 2.501pad THPII OFFENSE REPORT PadoflOOshects 1.50/ped THPIl A DWI SOBRIETY TEST Pad of 100 sheets 1.50lpad THP/S 1 BLOOD SPECIMEN Pad of 100 sheets 1.501pad W51A AFFIDAVIT OF PERSON WHO WITHDREW BLOOD Pad of 100 sheets 1 .50lpad IDDmmDmDDDDDDDmDmmDmDDmmmmDDmmmDmmmmDmmDmmmmmDmmmmDDDDDmmmmmmmDmmmDDmmDmm 680-24-01045-3 MOUTHPIECES 1 Cm. of 100 each 17.501cfn * 680-93-8050 ALCOHOL BLOOD TEST KIT 1 EACH 4.00Ieach * 680-93-8060 URINE SPECIMEN TEST KIT 1 EACH 4.501eecb 475-34-7920 SYRINGE TRANSPORT TUBES 1 EACH 3.501each 8Z% TAX (If Applicable) TOTAL AMOUNT ENCLOSED PRlCES SUBJECT TO CHANGE WITHOUT NOTICE! Municipalities and Counties must have an Inter-local Conbact on file to purchase these items. Mail orders and payment to: D P S GENERAL SERVICES BUREAU P.0.BOX 15999 AUSTIN, TEXAS 78761-5999 5 12-424-57 18 Revised (08-03-09) (3a) 90 NON DPS AGENCIES PRICE SHEET This is a SAMPLE ORDER SHEET of the D.W.I. Forms that we have available in SPANISH USING YOUR LETTERHEAD, please follow this format rather than a purchase order form. These items must be PRE-PAID. OUANTITY STOCK NQ DESCRIPTION MINIMUM OUANTRY pRIcE TOTAL AMOUNT DIC024Sl6 DWI STATUTORY WARNING Pad of 50 sets S 2.501paa DIC025Sl3 NOTICE OF SUSPENSION Pad of SO sets 2.501ped DIC055SIO PEACE OFFICER STATUTORY WARNING FOR COMM. VEH. Pad 100 sheets 2.501pad DIC057Sl6 DISQUALIFICATION Pad of SO sets 2.50/pad 83%TAX (If Applicable) TOTAL AMOUNT ENCLOSED PRICES SUBJECT TO CHANGE WITHOUT NOTICE. Prices include shipping and handling. Mail orders and payments to: D P S GENERAL SERVICES BUREAU P.O.BOX 15999 AUSTIN, TEXAS 78761-5999 (5 12) 424-57 18 Revised (08-03-09) 91 S-A-M-P-L-E DEPARTMENT LETTERHEAD DATE DPS General Services Bureau P.O.Box 15999 Austin, Texas 7876 1-5999 Gentlemen: Please enter our purchase order for the following Intoxilyzer Breath Testing Publication andlor supplies: QUANTITY STOCK NUMBER DESCRIPTION PRICE EACH TOTAL AMOUNT 5pkg TLE BR0710 TEST RECORDS $ 5.001pkg. $ 25.00 1 ea TLEBR3818 MANUALS $7.00/ea $ 7.00 1 pad DIC02411 DM STAT. WARNING $2.50/pad $ 2.50 1 pad DIC02518 NOTICE OF SUSPENSION S2.501pad $ 2.50 1 pad THPI 1 OFFENSE REPORT Sl.50lpad $ 1.50 6 crtn. 680-2441 045-3 MOUTH PIECES $1 7.50lctn. $ 105.00 TOTAL: $ 143.50 My tax exempt number is 1074-1 9503 1 7-3. My check is enclosed. The contact person is John Doe; Telephone number is (5 12) 465-8 168. Sincerely, Joe Smith Title 92 August 17, 2009 Consent Agenda Item No. 2k School Resource Officer Inter-Local Agreement To: Glenn Brown, City Manager From: Jeff Capps, Interim Chief of Police Agenda Caption: Presentation, possible action, and discussion regarding approval of Inter- Local Agreement (ILA) with the College Station Independent School District (CSISD) regarding School Resource Officers (SRO). Recommendation(s): Staff recommends approval of the ILA. Summary: The purpose of this agreement is to work collaboratively with College Station Independent School District (CSISD) to assign Law Enforcement Officers to work with and aid the administration and student bodies of A&M Consolidated High School, A&M Consolidated Middle School, and College Station Middle School, to offer primary services as instructors, mentors, and problem-solvers, and work to reduce crime through education and the promotion of positive police/student relations. College Station Police Department and CSISD have agreed upon a total of four School Resource Officers (SRO’s). Two of the SRO’s are assigned to A&M Consolidated High School, one at A&M Middle School, and one at College Station Middle School. CSISD agrees to reimburse the City for 50% of the annual salaries, fringe benefits, overtime of the SRO’s, provided, however, CSISD will reimburse the City for 75% of the SRO’s salaries, benefits, and overtime for SRO’s assigned to the middle schools during the 2009- 2010 school year. CSISD and the City will each pay for one half of the purchase price of one fully equipped Patrol Vehicle. College Station Police Department has provided officers in College Station Schools since 1994. This new agreement is for a term of three years. Budget & Financial Summary: N/A Attachments: 1. Inter-Local Agreement 93 94 95 96 97 98 99 100 101 102 103 August 17, 2009 Consent Agenda Item No. 2L. BVSWMA Articulating Compactor Rebuild To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a certified rebuild through Mustang CAT for a Caterpillar Articulating Compactor utilized by the Brazos Valley Solid Waste Management Agency in the amount of $373,948.64. Recommendation(s): Staff recommends approval of the certified equipment rebuild through Mustang CAT for BVSWMA’s Articulating Compactor (unit 73-70) in the amount of $373,948.64. Summary: This request is for the scheduled rebuild for (1) 2001 Caterpillar 836G Articulating Compactor (unit # 73-70). BVSWMA’s fleet includes three compactors; unit 73- 70 will serve as a back-up and will be rotated into operation when a compactor is down for maintenance and/or unscheduled repairs. BVSWMA’s Site Operating Plan requires a minimum of two compactors operating based on the current waste acceptance rate of 1000+ tons/day. This unit has been utilized over 15500 hours and was scheduled for replacement; however, BVSWMA elected to rebuild the machine for less than half the cost of purchasing a new machine at $1,000,000+ dollars. The certified rebuild of unit 73-70 will take approximately three months to complete. The rebuild and future availability of the machine is critical for maintaining optimum compaction rates, and for the upcoming transition to the Twin Oaks Facility in Grimes County. This purchase is exempt from competitive bidding statutes because it is available from only one source due to patents, copyrights, secret processes, or natural monopolies – LGC 252.022 (a)(7)(A). Budget & Financial Summary: $500,000 was budgeted for this certified rebuild and is available in the BVSWMA Fund. This purchase exceeds $50,000, thus requiring approval by both College Station and Bryan City Councils as per the BVSWMA mediated settlement between the two cities. Attachments: Mustang CAT Rebuild Estimate 104 8212 Highway 21 West Bryan, Texas 77807 Customer: City of College Station ESTIMATE Page 1 Estimate # : 04-22-09dws Customer # : Estimate Date: 42212009 Job # : P.O. # : Sales Rep. dws Machine Model # : 8366 Serial # : 7MZ00292 Hour Meter: 764-3878 Unit #: 764-3534 fax Date on Yard Expected Completion Date Description , wash remove and install blade remove and install belly pans and guards remove and install engine remove and install radiator and hardnose remove and install transmission remove and install torque convertor remove and install wheels remove and install front axle remove and install rear axle remove and install control valve steering & implement remove and install cab remove and install transmission pump remove and install transmission oil cooler remove and install hydraulic tank remove and install hydraulic pump remove and install lift cylinder remove and install steering cylinders d & a machine rebuild engine replace cooler cores engine rebuild radiator and hardnose rebuild transmission rebuild torque convertor rebuild front axle (differential & final drive) rebuild rear axle (differential, brakes & final drive) rebuild steering control pump continued on page 2 Does not include tax, oil, supply, or environmental fees. Subject to additional parts and labor upon disassemble. Total P&L 191,528.16 1 For questions concerning this estimate please contact Darrell Sharp pager (979) 228-0282 fax (979) 775-2838 Customer Acceptance: off ice (979) 775-0639 THANK YOU FOR YOUR BUSINESS 105 8212 Highway 21 West Bryan, Texas 77807 ESTIMATE page 2 764-3878 764-3534 fax Description rebuild implement controls rebuild hydraulic pump rebuild transmission pump recondition cab recondition AIC replace wiring and batteries replace hydraulic hoses as needed reseal lift cylinder reseal steering cylinders flush and clean fuel system (tank & lines) flush and clean hydraulic system (tank & lines) replace all nonslip treed replace all locks and latches replace all glass, trim and cab seals replace all handrails, grab iron, steps and ladders replace engine doors, front guard and fan guards install new fire suppression system paint 24 months / 5,000 hours Powertrain warranty this estimate does not include any parts or labor to repair C.A.S.E. system, wheels or blade at the time of disassembly all parts will be cleaned and inspected using Cat specifications any parts not meeting specifications or that have failed will be made available for your inspection and a quote lwill be offered at this time Does not include tax, oil, supply, or environmental fees. Subject to additional parts and labor upon disassemble. Estimate # : 04-2249dws Customer # : Estimate Date: 4/22/2009 Job # : P.O. # : Sales Rep. dws Machine Model # : 8360 Serial # : 7MZ00292 Hour Meter: Unit #: Date on Yard Expected Completion Date Parts Labor Extend Price 398.78 1 1 920 1 2318.781 For questions concerning this estimate please contact Darrell Sharp pager (979) 228-0282 fix (979) 775-2838 Customer Acceptance: office (979) 775-0639 THANK YOU FOR YOUR BUSINESS 2976.72 1850.78 8387.66 4897.87 18363.67 5000 1250 1450 100 500 1000 3656 4547 40046 661 0 560 850 3300 221 0 5850 221 0 1100 1544 1248 1248 2040 2040 1360 4500 4400 15740 11216 18050 total from page 2 total from page 1 3536.72 2700.78 1 1687.66 7107.87 2421 3.67 7210.00 2350.00 2994.00 1348.00 1748.00 3040.00 5696.00 5907.00 44546.00 11 01 0.00 15740.00 1 121 6.00 18050.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1 82,420.48 $191,528.16 Total P&L $373,948.64 106 August 17, 2009 Consent Agenda Item No. 2m Lease of CSISD Property for Creek View School Park Project To: Glenn Brown, City Manager From: Marco A. Cisneros, Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion to approve a lease of College Station Independent School District (CSISD) property for the construction of the Creek View School Park Project. Recommendation(s): The Parks and Recreation Advisory Board and Staff recommend approval of the lease of CSISD property for the construction of the Creek View School Park Project. Summary: The proposed lease of CSISD property will allow the City to build a portion of the Creek View School Park on CSISD property. The park would be similar in design and construction to the other school parks that have been built in other parts of the City such as Dorothy and Jack Miller and Pebble Creek School Parks. The use of this lease agreement allows both entities to provide services and programs for their customers in a cost effective manner for all parties. The Parks and Recreation Advisory Board reviewed and considered this lease concept for the development of Creek View School Park at their June 9, 2009 regular board meeting. They voted unanimously to recommend that the City Council approve this lease. Budget & Financial Summary: This project is funded out of the Bond 2008 Fund that provides funding for improvements and construction of a new neighborhood park. Attachments: 1. Lease of CSISD Property for Creek View School Park 2. Minutes of June 9, 2009 Parks and Recreation Advisory Board Meeting 107 108 109 110 111 112 113 114 115 116 117 118 119 120 August 17, 2009 Consent Agenda Item No. 2n Lease of CSISD Property for Pebble Creek School Park Project To: Glenn Brown, City Manager From: Marco A. Cisneros, Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion to approve a lease of College Station Independent School District (CSISD) property for the construction of the Pebble Creek School Park Project. Recommendation(s): The Parks and Recreation Advisory Board and Staff recommend approval of the lease of CSISD property for the construction of the Pebble Creek School Park Project including the sports pavilion. Summary: The City and the CSISD developed the Pebble Creek School Park as a joint use facility in 1995. Since that time, numerous improvements have been made to this facility by both entities. There is no change in the partnership between the city and CSISD regarding this joint use facility. This is simply a formalization of the existing agreement. The proposed lease of CSISD property will allow the City to build a new sports pavilion over the basketball court at Pebble Creek School Park that is located on CSISD property. The sports pavilion would be similar in design and construction to the other sports pavilions that have been built in other parts of the City such as Dorothy and Jack Miller School Park, Lions Park and Oaks Park. The use of this lease agreement allows both entities to provide services and programs for their customers in a cost effective manner for all parties. The Parks and Recreation Advisory Board reviewed and considered this lease concept for the construction of the sports pavilion to be located at Pebble Creek School Park their August 11, 2009 regular board meeting. They voted unanimously to recommend that the City Council approve this lease. Budget & Financial Summary: This project is funded out of the Bond 2008 Fund that provides funding for improvements of neighborhood parks. Attachments: 1. Lease of CSISD Property for Pebble Creek School Park 2. Minutes of August 11, 2009 Parks and Recreation Advisory Board Meeting 121 122 123 124 125 126 127 128 129 130 131 132 133 August 17, 2009 Consent Agenda Item No. 2o Interlocal Agreement for Increasing the Height of the Brazos County Millican Radio Tower To: Glenn Brown, City Manager From: Ben Roper, Director, Information Technology Agenda Caption: Presentation, possible action, and discussion to approve an Interlocal Agreement (ILA) for raising the height of the County owned radio tower located at 21550 Kathy Fleming Road, in the vicinity of the community of Millican, Texas between the City of College Station and Brazos County. Recommendation(s): Staff recommends approval. Summary: The City is working to replace existing obsolete radio equipment for the Public Safety Radio System used by Fire, Police, Emergency Management, and other city departments. One such improvement was to enter into an ILA with the City of Bryan, City of Brenham, Washington County, Brazos County and Texas A&M University to establish the Brazos Valley Wide Area Communication System (BVWACS). Additionally, the City obtained the services of RCC Consultants to ensure that the planned BVWACS system would meet the City’s radio requirements, specifically in the southern part of the city where rapid growth is occurring. RCC Consultants determined that the BVWACS would meet the City’s requirements if the Millican radio tower owned by Brazos County was increased in height from its present 100’ to approximately 190’, and if an additional radio site is constructed in the vicinity of the intersection of Hwy 6 and William D Fitch Parkway. This ILA provides the framework for the City to work with Brazos County to raise the height of the existing Millican tower. Budget & Financial Summary: Funds to accomplish this project are included in the Radio System Replacement Project, CO 0601. Attachments: 1. Interlocal Agreement between City of College Station and Brazos County to raise the height of the Millican tower. 134 INTERLOCAL AGREEMENT FOR INCREASING THE HEIGHT OF THE BRAZOS COUNTY MILLICAN RADIO TOWER THE STATE OF TEXAS COUNTY OF BRAZOS This Agreement is made and entered into by and between the City of College Station (hereinafter referred to as "College Station"), a Texas Home Rule Municipal Corporation, and Brazos County, Texas (hereinafter referred to as the "County"). RECITALS WHEREAS, College Station and the County wish to enter into an interlocal agreement for the purpose of removing a radio tower owned by the County and located on County property located at 21550 Kathy Fleming Road, in the vicinity of the community of Millican, Texas and to construct a new tower utilizing portions of the old tower and increasing the tower height at such location from 100 feet to 190 feet to enhance radio communications of the parties; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes local governments to contract with each other to perform governmental functions or services including emergency response services and to make cooperative purchases of goods among themselves; and WHEREAS, College Station and the County desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, and services; and WHEREAS, the parties are of the opinion that the joint use and modifications to the Millican radio tower for the purpose of providing improved public safety and emergency communications will be beneficial to the citizens of Brazos County and College Station; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: I. DEFINITIONS (a) "BVWACS" means the Brazos Valley Wide Area Communications System established among the City of College Station, City of Bryan, City of Brenham, Brazos County, Washington County, and Texas A&M University pursuant to that once certain agreement titled "~nterlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS)" approved in September and October of 2008 by such entities. 135 11. PURPOSE The purpose of this Agreement is to remove a radio tower and build a new, taller one utilizing portions of the old tower generally referred to as the Millican radio tower and raising the height of the tower at such location from the present height of approximately 100 feet to a height of approximately 190 feet for the new tower. The location and proposed removal, construction and cost estimate of such project is as shown on Exhibit A attached hereto and made a part hereof. The primary purpose of this project is to support public safety and general radio communications of the Parties and of third parties as set forth herein. 111. OBLIGATIONS OF COUNTY The County agrees that it shall perform the following: 1. Make available to City, including the right of access, the property upon which sits an approximately 100 foot high radio tower owned by County and upon which will be constructed an approximately 190 foot high new radio tower at the location shown on Exhibit "A" , such location hereinafter referred to as the "Property." 2. Grant permission for City to remove the currently existing radio tower on the Property and to construct a new one as shown in Exhibit "A" for the purposes recited in this Agreement. This includes allowing the City to utilize all or some of the currently existing tower on the Property for construction of the new one on the Property. 3. Permit the City to carry out all its obligations and responsibilities as set forth in this Agreement. 4. Upon completion of construction of the new tower, permit, allow and make accessible to the City the new tower and Property as shown on Exhibit "A" for public safety radio systems users' communications. 5. Understand that during the period of removal of the old tower until completed construction of the new tower on the Property that neither tower may not be functional for communications during such period. Time is of the essence, and every effort will be made to minimize the time that communications are unavailable due to this project. 6. Understand that the scope of work to be performed by the City is to remove the old tower and construct a new one; and that making additional improvements or adding facilities upon the tower so as to allow or permit BVWACS radio communications falls outside the scope of this Agreement. Tower construction will be coordinated with BVWACS to minimize delay and impact on BVWACS. 7. Understand and agree that ownership of the Property, the old tower and the new tower shall remain with the County; but in the event this Agreement is terminated earlier than as otherwise set forth as the initial term that the provisions regarding early termination apply - 136 8. Understand and agree that capacity on the new tower for governmental use is to be shared equally by both Parties. 9. Be responsible and assume the cost for the proper operation, maintenance, repair and use of the new tower for radio communications, including proper maintenance, upkeep and repair of the tower structurally. 10. Not enter into any third party agreement for use of the new tower without mutual written agreement of the parties except that use of the new tower by BVWACS shall not require future mutual agreement. 11. Assume the cost and responsibility of purchasing and installing on the new tower whatever equipment is necessary for County radio communications. IV. OBLIGATIONS OF THE CITY The City agrees that it shall perform the following: 1. Assume responsibility for the performance and cost of removing the existing tower on the Property and constructing a new one as set forth in Exhibit "A." 2. Comply with all applicable laws, rules and regulations regarding the removal of the current tower and construction of the new one. 3. Comply with all applicable laws, rules and regulations in using the new tower for its radio communications. 4. Understand and agree that ownership of the Property, the old tower and the new tower shall remain with the County; but in the event this Agreement is terminated earlier than as otherwise set forth as the initial term that the provisions regarding early termination apply - 5. Understand that the scope of work to be performed by the City is to remove the old tower and construct a new one; and that making additional improvements or adding facilities upon the tower so as to allow or permit BVWACS radio communications falls outside the scope of this Agreement. 6. Understand and agree that capacity on the new tower for governmental use is to be shared equally by both Parties. 7. Not enter into any third party agreement for use of the new tower without mutual written agreement of the parties except that use of the new tower by BVWACS shall not require future mutual agreement. 8. Assume the cost and responsibility of purchasing and installing on the new tower whatever equipment is necessary for City radio communications. 137 9. Submit for County approval the tower design and specifications prior to beginning removal of the existing tower and construction of the new tower. 10. Ensure that the new tower design will accommodate the planned BVWACS antenna equipment. V. TERM The initial term of this Agreement is five years. Thereafter, this Agreement shall be automatically renewable for one year terms unless terminated in accordance herein. In the event either Party desires to terminate this Agreement during the first five years, it may do so only after giving 270 days advance written notice to the other Party. In such event, the County agrees to reimburse City its actual costs incurred in removing the old tower and constructing the new one, prorated for the time the tower is used by both Parties. Thereafter, in the event either Party desires to terminate this Agreement it may do so upon giving 180 days advance written notice to the other without fiuther obligation. VI. INDEMNITY 1 RELEASE To the extent provided by law and without waiving governmental immunity or the limitations as to damages in the Texas Tort Claims Act, the Parties each individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death to any person or damage to any property, arising out of or in connection with the work performed under this Agreement. The Parties hereby agree that each Party will remain solely responsible for the legal defense and any civil liability due to the actions of a peace officer or other personnel regularly employed by the Party. Nothing herein shall be construed as a waiver of any legal defense of any nature to any claim against a Party or an agent, officer or employee of a Party. Each Party hereby releases, relinquishes, and discharges all other Parties, including their officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the services provided under this Agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of any Party, its officers, agents, and employees, or any third party. VII. EFFECTIVE DATE This Agreement shall become effective between the Parties hereto upon proper approval by both Parties. 138 VIII. NOTICES Any notices, approval, consent, or communication by one Party to another must be in writing and may be by personal delivery or registered or certified United States Mail, properly addressed to the respective Parties as follows: COLLEGE STATION: Director Information Technology City of College Station P. 0. Box 9960 College Station, Texas 77842 with copies to: City Manager City of College Station P. 0. Box 9960 College Station, Texas 77842 BRAZOS COUNTY: County Judge Brazos County 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 with copy to: Sheriff Brazos County Sheriffs Ofice 1700 Hwy 2 1 West Bryan, Texas, 77803 IX. MISCELLANEOUS a. The Parties expressly acknowledge that each Party to this Agreement is a Texas governmental entity. Nothing in this Agreement will be construed as a waiver or relinquishment by any Party of its right to claim such exemptions, privileges and immunities as may be provided by law nor form the basis of a consent to suit. b. The article headings in this Agreement are used for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. c. This Agreement is construed under and in accordance with the laws of the State of Texas and is performable in Brazos County, Texas. 139 Public disclosure of information related to, and activities conducted under, this Agreement may be subject to the Freedom of Information Act (5 U.S.C. 5 552) and the Texas Public Information Act (TEX. GOV'T CODE §§ 552.001 et. seq.). To the degree permissible by law and prior to public disclosure of any requested information, the Parties shall consult with each other regarding any such proposed disclosure. This Agreement may not be assigned by either Party without the written consent of the other Party. This Agreement constitutes the entire agreement between the Parties and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. The Parties represent that the undersigned representative of each entity is duly authorized to enter into this Agreement and that each Party is authorized to perform the functions or services contemplated herein. Each Party represents that it has sufficient funds available from current revenues to perform its obligations under this Agreement; This Agreement may only be amended or modified by the mutual agreement of the Parties hereto in writing. 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. The failure of any Party to insist, in one or more instances, on strict performance of any of the requirements of this Agreement will not be construed as a waiver or relinquishment of such requirements in future instances, but such requirements will continue and remain in full force and effect. Severability. If one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and the Agreement shall be construed as if the invalid, illegal, or unenforceable term or provision had never been contained in it. 140 EXECUTED this the day of , 2009 by CITY OF COLLEGE STATION, TEXAS. CITY OF COLLEGE STATION, TEXAS By: Mayor ATTEST: APPROVED AS TO FORM: City Attorney / City Secretary ACKNOWLEDGEMENT THE STATE OF TEXAS 5 5 COUNTY OF BRAZOS 5 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2009. Notary Public in and for the State of Texas My Commission Expires: 141 EXECUTED this the BRAZOS COUNTY. day of , 2009 by COUNTY OF BRAZOS ATTEST: APPROVED AS TO FORM: County Attorney County Clerk ACKNOWLEDGEMENT THE STATE OF TEXAS 5 5 COUNTY OF BRAZOS 5 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of - , A.D. 2009. Notary Public in and for the State of Texas My Commission Expires: 142 Exhibit A The current 100' tower is shown in Figure 1 below: Figure 1: Current 100' tower This work specified by this Agreement will remove the existing tower and install an approximately 190' tower in the same location. The existing tower will be reused in the new tower to the maximum extent possible. The new tower will be of similar construction, will be freestanding, and will not require guide wires for support. 143 August 17, 2009 Consent Agenda Item No. 2p Video Surveillance Pilot Project for the Northgate Entertainment District To: Glenn Brown, City Manager From: Ben Roper, Director, Information Technology Agenda Caption: Presentation, possible action, and discussion regarding participating on a state contract with RedMoon, Inc. of Plano, Texas for design, equipment, materials, supplies and services to install a wireless video surveillance pilot project in the Northgate Entertainment District for an amount not to exceed $60,000.00. Recommendation(s): Staff recommends approval. Summary: On October 9, 2008, Council approved the Wireless Plan, which included a pilot video surveillance pilot project in the Northgate Entertainment District. This pilot project consists of four video surveillance cameras connected by wireless radio, and to the City’s fiber infrastructure. The video surveillance project could not proceed until the network upgrade project was complete, which occurred in May 2009. In April 2009 a Request for Information (RFI) was sent to potential vendors. Based on the responses to the RFI, a Request for Proposal (RFP) was issued in June. The City received 17 responses to the RFP. An evaluation team with members from IT, Police and Economic Development reviewed the proposals and selected five vendors to participate in a demonstration and Q&A session concerning their proposal. From these vendors, RedMoon, Inc. of Plano, Texas was selected as the leading vendor. Budget & Financial Summary: Funds to accomplish this project are included in the Wireless Infrastructure Project, CO 0704. Redmoon, Inc. is approved under the State of Texas Department of Information Resources (DIR) for installation of wireless services, Contract # SDD-475 Attachments: 1. Statement of Work 144 Statement of Work City of College Station Northgate Video Surveillance Pilot Project General This project consists of the planning, development and deployment of a pilot video surveillance project consisting of a maximum of four (4) surveillance cameras located in the Northgate Entertainment District (bounded by University Drive, Church Avenue, Boyett Street, College Main). The system will consist of 4 pan tilt zoom cameras connected via 4.9 GHz wireless links, a video digital recorder or Network Video Recorder (DVR/NVR) capable of storing up to 45 days of continuous video from each camera, management and control software, and real time display system. The DVR and display system will be located up to five miles away from the cameras. Connectivity between the camera location and the DVR and display system will be via the city’s fiber network (48 strand, single mode, 1310nm/1550nm window, fiber optic cable). This project includes all tasks and work needed to plan, design, install, test, deliver and train users and maintainers of the pilot video surveillance project system for the College Station Northgate Entertainment District. Following contract award, the vendor will meet with city representatives to review project objectives, develop a project schedule, and introduce key personnel. The vendor and the City will identify specific camera and radio locations. Following this identification, the vendor will develop a detailed project plan and implementation schedule. This plan and schedule will be presented to the city for approval. Following approval, the vendor will install and test the system. Following installation and testing, training for city users and maintainers will be conducted. The selected firm will be expected to provide a single project manager for the duration of the project. This project will consist of the following five phases: • Phase I – System Planning and Design • Phase II – System Installation • Phase III – Testing • Phase IV – Training • Phase V – Acceptance and Completion Phase I Phase I of the system will consist of an initial kick-off meeting between key personnel, and will include an orientation visit to the Northgate area and identification of locations for cameras and radios. Following this initial meeting, the vendor will develop the proposed system design and implementation plan. This plan will include all of the work necessary to install the camera and wireless radio equipment at the designated locations, as well as all additional work needed for system installation. City obligations and work must be clearly identified in the plan. Any equipment, supplies, services, or work required for full system operation, and not clearly identified as city responsibilities will be assumed to be the contractor’s responsibility. Deliverable: System installation plan, including proposed camera and radio locations marked on an aerial map/photo of the area, camera settings, radio configuration, installation timeline, and other equipment installation locations. 145 Phase II Following approval of the proposed implementation plan, the vendor will install all system components. The vendor will be responsible for all equipment installation and mounting, including electrical runs and hook-up needed for power. At the connection point to the city’s fiber network, the City will provide a suitable equipment cabinet and SC connectors on the city fiber to receive camera video. The vendor is responsible for all equipment needed to collect and aggregate the camera video and convert it to an optical signal to be connected to the fiber network. For planning purposes, the distance between the point where the video is injected into the city network to the display location at PD will be 40,000 feet. The vendor will be responsible for obtaining any permits needed to support the installation. Deliverable: Cameras and radios installed, DVR/NVR installed, software installed and configured. All other equipment and material installed, cabled, and connected. Phase III Phase III will consist of component and end-to-end system testing, and will be observed by city representatives. Phase IV This phase will consist of training for system administrators, users, and maintainers. The City will provide a training location. System administrator training will include an overview of system components, licensing, and instruction for technical personnel to administer and control the system. This training session will accommodate up to 6 personnel. User training will be conducted in two sessions, accommodating up to 10 personnel in each session. User training will be geared toward system operators and personnel needed to search, locate and record video for investigative or evidence purposes. Maintenance training will consist of routine basic system maintenance functions that city staff will be tasked to perform to ensure normal continuous system operation. This training session will accommodate up to 4 personnel. Deliverable: On-site training as specified above. Phase V Once the system installation is complete, training conducted, documentation (consisting of manuals, operating procedures, as-built drawings, license, and configurations) delivered to the City; the vendor will provide written notification (E-mail acceptable) to the city that the system is installed and ready for use and all contract requirements are complete. The city will inspect the system and upon agreement, accept delivery of the system. Documentation will consist of one paper copy of all required documentation, and one electronic copy on CD/DVD. Electronic copies of as-built drawings will be configured as E-size in *.dwg format. All other electronic files will be in PDF or Microsoft Word 2007 format. Deliverable: System documentation. 146 Payment Schedule PO Issued – 40% of Contract Price Implementation Plan Approval – 20% of Contract Price Installation Complete – 20% of Contract Price System Acceptance – 20% of Contract Price 147 August 17, 2009 Consent Agenda Item No. 2q Sungard Public Sector Click2Gov for Business Licenses To: Glenn Brown, City Manager From: Ben Roper, Director of Information Technology Agenda Caption: Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for the purchase of the Click2Gov online application for the SPS Business Licenses module in an amount not to exceed $15,240.00. Recommendation(s): Staff recommends approval. Summary: The SPS Business Licenses module is the system in which rental registration records are maintained. This Click2Gov module will allow online renewal of the annual rental property registration information and fees. This contract (09-274) is a Supplement to the H.T.E., Inc. Software and License Agreement dated March 13, 1998 between Sungard Public Sector (SPS) and the City of College Station. The contract is exempt from competitive bidding by LGC 252.022(a)(7)(A) due to one source based on software copyrights. Sungard Public Sector is the software vendor for approximately 29 modules (applications) hosted on the IBM i5 computer and used by virtually every City department including, but not limited to Planning and Development Services , Utility Billing and Collection, Finance, Budget and Accounting, Fleet Management and Utility Work Orders. Budget & Financial Summary: Funds are available in the Planning and Development Services FY09 operating budget to cover the costs associated with this purchase. Ongoing costs of $2,190, incorporated into the contract amount, exist for the maintenance and support of this module. Attachments: Supplement contract for SPS Click2Gov-OL Software and License Agreement A copy of the master agreement with SPS is available in the City Secretary’s office 148 149 150 151 August 17, 2009 Consent Agenda Item No. 2r Northgate Promenades, Surface Parking Lot, Northgate Parking Garage, and Chimney Hill Shopping Center Maintenance Services Rejection of Bids To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action and discussion regarding rejection of the bid received in response to RFP #09-65 for maintenance and sanitation services to be provided at the Northgate Promenades, Surface Parking Lot, Northgate Parking Garage and Chimney Hill Shopping Center. Recommendation(s): Staff recommends rejection of the currently held bid for this maintenance and sanitation services contract. Summary: On May 13, 2009 staff released a Request for Bid for the annual sanitation and maintenance services provided for the Northgate Promenades, Surface Parking Lot, Northgate Parking Garage, and Chimney Hill Shopping Center. Staff evaluated the bid submitted as of the May 27, 2009 deadline and determined that the scope of services as bid were too costly to enter into an agreement with any of responding vendors. Furthermore, Bid #09-65 did not include operation and maintenance services for the soon-to-be-completed Northgate Public Restroom Facility. Staff has since restructured the scope of services in order to more efficiently and cost effectively meet the sanitation and maintenance requirements of some of these sites and includes provisions for the operation and maintenance of the new public restroom and issued a revised Request for Bid, #09-83, on August 4, 2009. Staff, therefore, recommends rejection of the currently held bid for the sanitation and maintenance services. Budget & Financial Summary: The minimum responsible bid for ITB #09-65 was $76,837.44. However, staff recommends rejection of this bid. Attachments: N/A 152 August 17, 2009 Consent Agenda Item No. 2s Traffic Code Changes Relating to the City’s Parking Operations To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action and discussion regarding changes to the City’s traffic code concerning parking operations in the Northgate District. Recommendation(s): Staff recommends approval of the proposed ordinance changes. Summary: The proposed changes to the ordinance concern parking operations in the Northgate College Main Parking Garage as well as the Patricia Street Surface Lot. These changes will allow for more flexibility in determining the operational hours of the parking garage and surface lot. The changes will also grant staff the authority to enter into lease agreements with members of the community who desire long-term access to the parking garage, as well as set restrictions on the amounts the City can charge per license purchased. Budget & Financial Summary: N/A Attachments: Attachment 1 – Proposed Ordinance Changes 153 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC CODE", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THJZ CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, "TRAFFIC CODE", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. ' PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate off'ense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this day of ,2009. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorne rn 154 ORDINANCE NO. Page 2 EXHIBIT "A" That Chapter 10, "TRAFFIC CODE", Section 4, H, "NORTHGATE PROMENADE PARKING LOT FEES", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, as set out hereafter to read as follows: H. NORTHGATE PROMENADE PARKING LOT FEES AND NORTHGATE COLLEGE MAIN PARKING GARAGE FEES (2) (0 License Agreements. The City Manager or his designee may enter into license agreements for the use of parking spaces in the Northgate College Main Parking Garage and may charge the following fees: (i) Twenty Four Hour - Seven Days a Week Licenses (2417). Up to $2,000 annually, or up to $700 per semester or up to $200 per month. (ii) Daytime Licenses. Up to $1,500 annually or up to $500 per semester or up to $200 per month. (iii) Charge a non-refundable administrative fee up to $50.00 upon execution of a license agreement to park in the garage. (4) Hours of Operation The City Manager or his designee shall determine the hours of operation of the Northgate Promenade Parking Lot and Northgate College Main Parking Garage. (6) Violations (a) It shall be unlawful to park in a space without paying the required fee into the meter for the space unless covered by an exemption listed above. (b) It shall be unlawfid to park in the parking garage without paying the required fee, unless covered by an exemption as listed above. (c) It shall be unlawfid to park in such a manner that the vehicle prohibits the use of an adjacent designated parking space. 155 August 17, 2009 Consent Agenda Item No. 2t Carters Creek Wastewater Treatment Plant Miscellaneous Improvements To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion on a Construction Contract with Associated Construction Partners, Ltd, in the amount of $1,221,700, for the construction of the Carters Creek Wastewater Treatment Plant Miscellaneous Improvements. Recommendation(s): Staff recommends approval of the construction contract. Summary: The scope of the Carters Creek Wastewater Treatment Plant Miscellaneous Improvements is for design and construction of improvements to the gravity thickener, clarifiers, autothermal thermophilic aerobic digestion system, service water (non-potable) system, and process controls. With the projected construction budget of $1,221,700, Associated Construction Partners, Ltd was selected to construct the project because they were the lowest responsible bidder in response to the city’s solicitation of bids. Budget & Financial Summary: For ease of project administration and economies of scale, several projects have been combined to be included in this Carters Creek (CC) Wastewater Treatment Plant Miscellaneous Improvements project. These projects include CC Clarifier Improvements, CC Service Water Improvements, CC Process Control Improvements and CC ATAD Improvements. The total current project budget for these improvements is $2,164,000. Funds in the amount of have $190,360 have been expended or committed to date, leaving a balance of $1,973,640. The P.O. for the project construction is $1,221,700. This item replaces the standard terms, conditions and specifications that were attached to the P.O. with those in the Construction Contract and requires no additional funds. Funds for this project are budgeted in the Wastewater Capital Improvement Projects Fund. Attachments: 1.) Project Location Map 2.) Resolution 156 Carters Creek WWTP F R O N T A G E 6 R D W E A R L R U D D E R F W Y S F R O N T A G E 6 R D E E M E R A L D P K W Y R AIN T R E E D R A P P O M A T T O X D R S E B E S T A R D SAND STO N E DR N O R T H F O R E S T P K W Y S P R I N G C R E E K F R O S T D R K R E N E K T A P R D H O R S E H A V E N L N L A U R E N D R O N R A M P 6 N M O R G A N S L N B E N T O A K S T A LIS O N A V E R O S E W O O D D R A M B E R R I D G E D R W I L D E R N E S S D R N A L L E Y R E D H I L L D R J U S TIN A V E N U E S U MT E R D R B R O O K W A Y D R I R O N W O O D DR R O S E B U D C T MA P L E W O O D C T E A R L R U D D E R F W Y S A P P O M A T T O X D R Carters Creek Miscellaneous Improvements Project 157 RESOLUTION IVO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATICN, TEXAS, APPROVING A CONSTRUCTION CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE CARTERS CREEK WASTEWATER TREATEMENT PLANT MISCELLANEOUS IMPROVEMENTS PROJECT. WHEREAS, the City of College Station, Texas, solicited bids for the construction of the Carters Creek Waterwater Treatment Plant Miscellaneous Improvements Project; and WHEREAS, the selection of Associated Construction Partners, Ltd. is being recommended as the lowest responsible bidder; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that Associated Construction Partners, Ltd. is the lowest responsible bidder. PART 2: That the City Council hereby approves the contract with Associated Construction Partners, Ltd. for an amount not to exceed $1,221,700 for the labor, materials and equipment required for the improvements related to the Carters Creek Waterwater Treatment Plant Miscellaneous Improvements Project. PART 3: That the funding for this Contract shall be as budgeted from the Water Services Fund in the amount of $1,22 1,700. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2009. ATTEST: APPROVED: - City Secretary MAYOR APPROVED: City Attorney / 158 August 17, 2009 Regular Agenda Item No. 1 Certify Petition To: Glenn Brown, City Manager From: Connie Hooks, City Secretary Agenda Caption: Presentation, possible action, and discussion of City Secretary examination of petition submitted by College Station electors to repeal Ordinance No. 3017 amending Chapter 10 of the City’s Traffic Code on red light camera enforcement. Summary: The petition was certified as sufficient by the City Secretary. Sections 88 and 89 of the City Charter provides that the City Council shall consider such petition as being valid and hold a public hearing. The public hearing is scheduled for this meeting. If the City Council does not approve the ordinance proposed by the petition, the proposed ordinance shall be submitted to the electors at the next available election date, November 3, 2009. If a majority of the electors voting on the ordinance vote in favor, it shall be an ordinance of the City. An ordinance which is not approved by a majority of electors shall be deemed repealed. Budget & Financial Summary: Brazos County is holding a constitutional amendment election on Tuesday November 3, 2009. The City may place this proposition on the ballot and join with the County to conduct the election. Cost to the City for this special election will be approximately $35,000. Funds are not available in FY10 budget. Attachments: Certification by City Secretary Page from Petition 159 Memorandum To: Mayor and Council From: Connie Hooks, City Secretary Date: 8/11/2009 Re: Certificate Validating the Initiative Petition on Red Light Cameras This document serves as a Certificate to validate the Petition submitted to the City of College Station on July 17, 2009. The petition contained the proposed ordinance language: “Be it ordained by the City Council of the City of College Station, Texas: The powers granted under City Ordinance 3017, Titled Section 11 AUTOMATIC TRAFFIC SIGNAL ENFORCEMENT, which amended Chapter 10, “Traffic Code” of the Code of Ordinances of the City of College Station, enacted 10/25/08, shall henceforth be deemed and declared unenforceable”. Per Section 83 of the College Station City Charter, the total number of signatures required to validate the petition is twenty-five (25) percent of the number of votes cast at the last regular municipal election. The total number of votes cast during the May 9, 2009 election was 3,384; therefore, the total number of signatures required to validate the petition was 846. The petition contained 913 valid signatures. The City Council will consider the petition at the August 17th regular meeting and hold a public hearing. The City Council may adopt the ordinance as submitted by the petition or refer the proposed ordinance to College Station registered voters on the November 3, 2009 ballot. Cost to the taxpayers of College Station to conduct a referendum election shall be approximately $35,000. Attached to this memo is a copy of one page of the petition. Please contact me if you have any questions. Thank you, Connie O:group/council/election/election09/red light camera election/memorandum certifying petition 160 16 1 August 17, 2009 Regular Agenda Item No. 2 Public Hearing Red Light Camera Petition To: Glenn Brown, City Manager From: Connie Hooks, City Secretary Agenda Caption: Public hearing, presentation, possible action, and discussion on proposed ordinance repealing City Ordinance 3017, amending Chapter 10 of the Traffic Code regarding Automatic Traffic Signal Enforcement (Red Light Cameras within the City of College Station). Summary: The petition was certified as sufficient by the City Secretary. Sections 88 and 89 of the City Charter provides that the City Council shall consider such petition as being valid and hold a public hearing. If the City Council does not approve the ordinance proposed by the petition, the proposed ordinance shall be submitted to the electors at the next available election date, November 3, 2009. If a majority of the electors voting on the ordinance vote in favor, it shall be an ordinance of the City. An ordinance which is not approved by a majority of electors shall be deemed repealed. Budget & Financial Summary: Brazos County is holding a constitutional amendment election on Tuesday November 3, 2009. The City may place this proposition on the ballot and join with the County to conduct the election. Cost to the City for this special election will be approximately $35,000. Funds are not available in FY10 budget. Attachments: See Agenda Item No. 1 162 August 17, 2009 Regular Agenda Item No. 3 Public Hearing and Consideration of Budget Amendment # 3 To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #3 amending ordinance number 3114 which will amend the budget for the 2008-2009 Fiscal Year results in a net reduction of overall expenditures in the amount of $954,175. Recommendation(s): Staff recommends the City Council hold the public hearing on Budget Amendment #3, and approve the budget amendment ordinance. Summary: In order to meet lower than anticipated revenues in FY09 staff has thoroughly reviewed departmental budgets and has proposed a net reduction of $954,175 in overall General Fund expenditures. This includes reductions in expense categories such as travel, training, miscellaneous supplies, etc. as well as delays in hiring certain vacant positions. This amendment will decrease the General Fund FY09 Revised Budget in the net amount of $954,175. Budget & Financial Summary: The result of this amendment is a net reduction of $954,175 in overall budgeted General Fund expenditures. Attachments: 1. Ordinance 163 164 August 17, 2009 Regular Agenda Item No. 4 Discuss Tax Rate, and Call 2 Public Hearings To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on the 2009-2010 ad valorem tax rate; and on calling two public hearings on a proposed ad valorem tax rate for 2009-2010. Recommendation(s): Staff recommends the City Council discuss the tax rate; and then if they wish to consider adopting a tax rate higher than the effective tax rate, call 2 public hearings on the tax rate that would increase tax revenues. Staff recommends the City Council call the public hearings for Thursday August 27th at 7:00 PM, and Tuesday September 1 at 6:00 PM in the College Station Council Chambers at 1101 Texas Avenue, College Station, Texas at the current tax rate of $0.439400 cents per $100 assessed valuation. This is the tax rate used to prepare the proposed budget. Summary: The Texas Property Tax Code requires that if an entity wishes to increase tax revenues over the effective tax rate then that entity must call and hold two public hearings on the proposed tax rate. The Effective Tax Rate is the tax rate that will generate the same revenues on the same properties this year as last year. This year the Effective Tax rate is $0.42933 per $100 assessed valuation. The Rollback Tax Rate is the highest rate that can be adopted before rollback provisions can be initiated. This year the Rollback Tax Rate is $0.445815 per $100 assessed valuation. The FY 2009-2010 proposed budget was prepared on the existing tax rate of $0.4394 per $100 assessed valuation. Each one cent on the tax rate generates approximately $540,000. The public hearings are recommended to be held on Thursday August 27th at 7:00 PM, and Tuesday September 1st at 6:00 PM in the College Station Council Chambers at 1101 Texas Avenue, College Station, Texas. Following each public hearing the City Council must announce the meeting date, time and place to adopt the tax rate. The tax rate on which the Public Hearings are held, is the highest tax rate that the City Council can consider adopting. The notice of the public hearings will be placed in the Eagle, as well as on the City's internet site, and the City's television channel. The second public hearing on the tax rate is scheduled for Wednesday September 17th. The City Council will vote on the tax rate on Thursday September 25. Budgetary and Financial Summary: Staff is recommending Council call public hearings on a tax rate of $0.439400 per $100 assessed valuation. It is estimated that the proposed tax rate of $0.4394 cents per $100 assessed valuation will generate approximately $23,639,141. The existing tax rate will support the 2009-2010 Proposed Budget. The property taxes are used to fund the General Debt Service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments: N/A 165 August 17, 2009 Regular Agenda Item No. 5 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 166 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 167 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. 168 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 169