HomeMy WebLinkAbout09/24/2009 - Regular Agenda Packet - City CouncilMayor Council members
Ben White John Crompton
Mayor Pro Tem James Massey
Dave Ruesink Dennis Maloney
City Manager Katy-Marie Lyles
Glenn Brown Lawrence Stewart
Agenda
College Station City Council
Regular Meeting
Thursday, September 24, 2009 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item wh ich 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 ite m. 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 b y majority vote of the
Council.
a. Presentation, possible action, and discussion regarding a change order to Contract #07 -273 in the amount
of $191,838.91 to JaCody, Inc. for construction work associated with Police Department Renovations
Project.
b. Presentation, possible action, and discussion to approve a Change Order in the amount of $48,895 to Bleyl
& Associates for additional design and surveying work associated with the Southwood 5-7 Utility
Rehabilitation Project.
c. Presentation, possible action, and discussion on an amendment to the contract with the Texas Department
of State Health Services for the Mayor’s Council on Physical Fitness Grant Contract.
City Council Regular Meeting Page 2
Thursday, September 24, 2009
d. Presentation, possible action, and discussion regarding a Resolution approving a contract with Orion
Construction in an amount not to exceed $114,335.00 for the construction of a new, affordable, single -family
residence at 4214 Cripple Creek Court using federal HOME Investment Partnership Grant (HOME) funds.
e. Presentation, possible action, and discussion regarding a Resolution approving a contract with Orion
Construction in an amount not to exceed $112,435.00 for the construction of a new, affordable, single -family
residence at 4284 Hollow Stone Drive using federal HOME Investment Partnership Grant (HOME) funds.
f. Presentation, possible action, and discussion on a change order to Contract #09-222 with Fuqua
Construction Inc. in the amount of $11,000 for the development of the improvements at John Crompton P ark
pond.
g. Presentation, possible action and discussion to authorize expenditure of funds for FY'10, items exempt
from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022; and
other expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000. List
of items posted as attachment to the agenda.
h. Presentation, possible action, and discussion regarding ratification of a purchase order to repair the
centrifuge at the Carters Creek Wastewater Treatment Plant in the amount of $64,885.
i. Presentation, possible action, and discussion regarding approval of a purchase order to DXI Industries for
the purchase of liquid chlorine for use in our public water supply. The amount of the purchase order is
$77,220.
j. Presentation, possible action, and discussion regarding approval of a professional services contract with
Interra Hydro, Inc., in the amount of $56,393 for the inspection, condition assessment, and capacity analysis
of the Northeast Sewer Trunkline.
k. Presentation, possible action, and discussion regarding a Services Contract with Professional Floor Service
and Janitorial for janitorial services for all City offices for an annual expenditure of $198,343.44.
l. Presentation, possible action, and discussion on the first renewal of bid #08-84 to Brazos Paving Inc. in an
amount not to exceed $411,000.00 for the annual blanket order of concrete curb/gutter & flatwork used to
maintain City infrastructure.
m. Presentation, possible action, and discussion on a resolution approving a testing and inspecting contract
#09-293 with CSC Engineering & Environmental Consultants, Inc. in the amount of $62,000.00 for the Rock
Prairie Road Landfill.
n. Presentation, possible action, and discussion on obtaining approval for a three month renewal of Exces s
Liability/Workers Compensation to Star National Insurance Co. for $69,066 Property/Boiler and Machinery
to Affiliated FM for $22,843 Crime Coverage to Federal Insurance Co. for $1,140 and EMT Liability to
Western World Insurance Co. for $1,200.
o. Presentation, possible action and discussion regarding an Interlocal Agreement (ILA) between the City of
College Station and Public Employee Benefits Alliance (PEBA) for annual membership.
City Council Regular Meeting Page 3
Thursday, September 24, 2009
p. Presentation, possible action, and discussion to authorize additional funds for professional legal services
provided by Coats Rose Ryman and Lee for the Weingarten Realty lawsuit through September 30, 2009.
The amount requested to be approved will be presented at the meeting.
q. Presentation, possible action, and discussion to approve an agreement in an amount not to exceed $60,000
with the legal firm of Andrews Kurth LLP to perform legal work in connection with the creation of a new
Texas local government corporation to own and control the Twin Oaks Landfill and authorization for the
Mayor to execute the agreement.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #1
amending ordinance number 3202 which will amend the budget for the 2009-2010 Fiscal Year in the
amount of $8,094,128 providing annual 12 month appropriation for the Brazos Valley Solid Waste
Management Agency (BVSWMA).
2. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12,
“Unified Development Ordinance”, Section 4.2, “Official Zoning Map” of the Code of Ordinances of
the City of College Station, Texas by rezoning from A-O Agricultural-Open to a Planned Development
District 1.5 acres located at 13601 and 13679 FM 2154, generally located at the intersection of W.D.
Fitch Parkway and Wellborn Road.(Case #09-00500161)
3. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12,
“Unified Development Ordinance, Section 7.11.B “Categories of Outdoor Storage and Display” of the
Code of Ordinances of the City of College Station, Texas regarding outdoor displays of merchandise in
non-residential districts.
4. Public hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12,
“Unified Development Ordinance”, Section 6.2.C, “Use Table” of the Code of Ordinances of the City of
College Station, Texas related to types of uses permitted in the C-3 Light Commercial zoning district.
City Council Regular Meeting Page 4
Thursday, September 24, 2009
5. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, September 24, 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 21st day of September, 2009 at 2:00 p.m.
________________________________
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 September 21, 2009 at 2:00 p.m. and remained so posted continuously for at least
72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2009 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2009.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive se rvice 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.
September 24, 2009
Consent Agenda Item No. 2a
Project Number GG0402
Change Order for the Police Department Renovations
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a change order
to Contract #07-273 in the amount of $191,838.91 to JaCody, Inc. for construction work
associated with Police Department Renovations Project.
Recommendation(s): Staff recommends approval of this item.
Summary: This change order serves to update final quantities on items related to the P.D.
Renovations Project. During the construction activities a number of changes due to
unforeseen conditions and requests from P.D. staff resulted in changes to the orginal scope
resulting in increases in items including, but not limited to, new thermostats, relocation of
sprinkler heads, additional counter surfaces and shelving units, locks for shelving and
storage units, additional light fixtures, dispatch renovations, door hinges, power
receptacles, emergency power receptacles, additional plumbing fixtures and additional
painting requirements. Also, during the renovation of the dispatch area, the existing Halon
fire suppression system was found to be in a nonoperable condition and was also out of
code requirements. Facilities maintenance and the P.D. staff recommended that the system
be replaced with a new fire suppression system that meets all current code requirements.
The total cost of this change order is $191,838.91.
Budget & Financial Summary: Funds are budgeted and available in the General
Government Capital Improvement Projects Fund as part of the Police Department
Renovations Project. The current project budget is $3,686,000.00. Funds in the amount of
$3,245,295 have been expended or committed to date, leaving a balance of $440,705 for
this change order and future expenses.
Attachments:
1. Change Order No. 10
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September 24,2009
Consent Agenda Item No. 2b
Change Order to Southwood 5-7 Utility Rehabilitation Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion to approve a Change
Order in the amount of $48,895 to Bleyl & Associates for additional design and surveying
work associated with the Southwood 5-7 Utility Rehabilitation Project.
Recommendation(s): Staff recommends approval of this Change Order.
Summary: Upon review of the preliminary design documents, staff identified additional
work be added to the project scope. The work includes the relocation of the existing
sanitary sewer on Comal Street, the replacement of residential water distribution main
along Lawyer and Sabine Streets, a sewer shed analysis to verify the required pipe sizes
given the changes in the system since the original study was done in the mid 1990s,
replacement of the existing 30-inch corrugated metal storm drain pipes and the 39-inch by
64-inch arched pipe along Nueces Street. In addition to this work, there is the associated
survey, tree protection and the construction material testing that accompanies the increase
in scope.
Budget & Financial Summary: Funds in the amount of $1,507,500 are budgeted for this
project in the Water Capital Improvement Projects Fund and $1,794,000 is budgeted for this
project in the Wastewater Capital Improvement Projects Fund. $449,750.91 has been
expended or committed to date, leaving a balance of $2,851,749.09 for this change order
and future expenses.
Attachments:
1. Change Order No. 1
2. Location Map of the Southwood 5-7 Utility Rehabilitation Project.
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Project Location Map
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September 24th
Consent Agenda Item No. 2c
Approval of a Contract Amendment for the Mayor’s Council on Physical Fitness
Grant Contract
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion on an amendment to the
contract with the Texas Department of State Health Services for the Mayor’s Council on
Physical Fitness Grant Contract.
Recommendation(s): Staff recommends approval of the Contract Amendment as
proposed.
Summary: In March of 2008, a grant proposal was submitted to the Governor’s Advisory
Council on Physical Fitness for the establishment of a Mayor’s Council on Physical Fitness
(MCPF). This was a seed money grant with no City matching funds required. The City
received notification the last week of April 2008 that the City had been awarded a grant for
the inventory/assessment/evaluation Phase I work. A contract for the grant in the amount
of $23,280 was routed to the City Manager’s Office, signed and returned to Texas
Department of State Health Services (DSHS).
The initial charge of the MCPF and the related Phase I work plan was to complete an
assessment of available fitness opportunities open to the public in the community. The
focus of this initial assessment was walkability around elementary schools and selected park
facilities. Additionally, an inventory and identification of exercise and fitness opportunities
for the community was included in this Phase I work plan. A contract amendment for the
Phase II work plan increases the contract amount by $50,000 for a total contract of
$73,280, and was approved by the City Council on January 8th 2009. These funds were
used to develop a fitness festival at Wolf Pen Creek Amphitheater, weekly run/walk
activities and Veterans Park and Athletic Complex and install exercise equipment at Thomas
Park and Wolf Pen Creek.
The Phase III work plan is to continue to implement public awareness of the opportunities
and benefits of fitness related activities. As a requirement of this grant extension, the City
of College Station and the Mayors Council on Physical Fitness will agree to mentor new
communities via, phone, fax, and e-mail as they develop a Mayoral Fitness Council and
Work Plan. DSHS has requested that the Phase III work plan be considered as a contract
amendment instead of as a new contract since it is a continuation of the original state grant
process. Given that this grant is a state grant, it is exempt from the competitive bidding
procedures, and the standard 25% increase in contract amount requirements do not apply.
The original contract is on file in the City Secretary’s office.
Budget & Financial Summary: This is a reimbursement state grant in an amount not to
exceed $80,780. There is no City match required. A contingency transfer may be required
to cover initial grant related expenditures prior to reimbursement from the state. Future
funding for these activities would need to be addressed as a part of the City’s normal
budget process.
Attachments:
1. Texas Department of State Health Services Contract - on file in the City Secretary’s
Office
2. Texas Department of State Health Services Contract Amendment to the Mayor’s
Council on Physical Fitness Grant Contract.
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September 24, 2009
Consent Agenda Item No. 2d
New Affordable Housing Construction Contract for 4214 Cripple Creek Court
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding a Resolution
approving a contract with Orion Construction in an amount not to exceed $114,335.00 for
the construction of a new, affordable, single-family residence at 4214 Cripple Creek Court
using federal HOME Investment Partnership Grant (HOME) funds.
Recommendation(s): Staff recommends approval of the Resolution awarding the contract
to the lowest responsible bidder meeting the City of College Station’s Bid Documents and
Contract Requirements, Orion Construction in an amount not to exceed $114,335.00.
Summary: In continuing to incorporate innovation and further grow the opportunities
available to our more economically-challenged residents, the Economic and Community
Development Department, in response to Council direction, has amended the City’s new
housing construction program to provide more geographically-diverse housing opportunities
in the community. Instead of building homes exclusively in more traditional lower-income
areas of the community, this new programming direction calls for the construction of
affordable housing in some of our newest subdivisions located in the southern part of the
community. This programming change will add a new aspect of economic diversity to some
of our newer neighborhoods and serve to further integrate hard-working, but economically-
disadvantaged, families into other areas of the city.
On Friday, August 28, 2009, three (3) bid proposals were received in response to Bid No.
09-88 for the construction of a new, single-family residence at 4214 Cripple Creek Court.
All bids were considered. A copy of the bid tabulation for the project is attached for
reference. Twenty-seven (27) vendors requested bid packets and plans for this project
during the bid period.
Once construction is complete, the resulting new home will be sold to an income-eligible
homebuyer meeting the City’s program requirements. Federal HOME grant funds will be
used to construct the dwelling and may also be used to provide down-payment assistance to
the buyer. This project will allow the City to obligate federal funds that must be reserved by
the end of this fiscal year.
NOTE: Per Down Payment Assistance (DAP) program requirements, a lien will be placed on
the property to keep the property from being leased or rented. The lien will ensure that the
property remains "owner-occupied" for the duration of the mortgage loan and will also
require that the buyer repay the loan upon sale of the property.
Budget & Financial Summary: The estimated sales price of the project is $161,700.00.
Funding for this project will come entirely from the City's federal HOME funds, as allocated
in the current fiscal year's Economic and Community Development budget. HOME grant
funds may only be used for affordable housing projects and activities. With the exception of
staff program delivery costs, the majority of this project’s costs will quickly be returned to
the Economic and Community Development budget when an eligible buyer ultimately
purchases the property.
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Attachments:
1 - Resolution – 4214 Cripple Creek Court
2 - Bid Tabulation – 4214 Cripple Creek Court
3 - Project Location Map – 4214 Cripple Creek Court
4 – Photo of Comparable Home Constructed by the City –1218 Carolina, 1124 Carolina
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City of College Station - Purchasing Division
Bid Tabulation for #09-88
"New Single Family Construction of 4214 Cripple Creek Court"
Open Date: Friday, August 28, 2009 @ 2:00 p.m.
Orion Construction
(College Station, TX)
Formby
Construction
(College Station, TX)
OCC Construction
(College Station, TX)
ITEM QTY UNIT DESCRIPTION TOTAL PRICE TOTAL PRICE TOTAL PRICE
11
Lump
Sum
Construction of New Home at 4214 Cripple Creek Court,
College Station, TX $114,335.00 $115,000.00 $123,619.00
A.1 1
Lump
Sum Granite Countertops (full bullnose) Kitchen $2,300.00 $2,600.00 $2,860.00
A.2 1
Lump
Sum Tile Backsplash Kitchen (Standard 6x6)$719.00 $650.00 $820.00
A.3 1
Lump
Sum Trim Pack (3-1/2" Casing / 4-1/2" Baseboard)$230.00 $200.00 $360.00
A.4 1
Lump
Sum Crown Molding (115') Coffered Ceilings $497.00 $265.00 $250.00
$3,746.00 $3,715.00 $4,290.00
CONSTRUCTION BASE BID
ALTERNATE BID ITEMS
Total Alternate Bid Items
Page 1 of 120
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Attachment 4: Photos of Comparable Homes Constructed by the City
1218 Carolina
1124 Carolina
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September 24, 2009
Consent Agenda Item No. 2e
New Affordable Housing Construction Contract for 4284 Hollow Stone Drive
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding a Resolution
approving a contract with Orion Construction in an amount not to exceed $112,435.00 for
the construction of a new, affordable, single-family residence at 4284 Hollow Stone Drive
using federal HOME Investment Partnership Grant (HOME) funds.
Recommendation(s): Staff recommends approval of the Resolution awarding the contract
to the lowest responsible bidder meeting the City of College Station’s Bid Documents and
Contract Requirements, Orion Construction in an amount not to exceed $112,435.00.
Summary: In continuing to incorporate innovation and further grow the opportunities
available to our more economically-challenged residents, the Economic and Community
Development Department, in response to Council direction, has amended the City’s new
housing construction program to provide more geographically-diverse housing opportunities
in the community. Instead of building homes exclusively in more traditional lower-income
areas of the community, this new programming direction calls for the construction of
affordable housing in some of our newest subdivisions located in the southern part of the
community. This programming change will add a new aspect of economic diversity to some
of our newer neighborhoods and serve to further integrate hard-working, but economically-
disadvantaged, families into other areas of the city.
On Wednesday, August 26, 2009, two (2) bid proposals were received in response to Bid
No. 09-87 for the construction of a new, single-family residence at 4284 Hollow Stone
Drive. All bids were considered. A copy of the bid tabulation for the project is attached for
reference. Twenty-six (26) vendors requested bid packets and plans for this project during
the bid period.
Once construction is complete, the resulting new home will be sold to an income-eligible
homebuyer meeting the City’s program requirements. Federal HOME grant funds will be
used to construct the dwelling and may also be used to provide down-payment assistance to
the buyer. This project will allow the City to obligate federal funds that must be reserved by
the end of this fiscal year.
NOTE: Per Down Payment Assistance (DAP) program requirements, a lien will be placed on
the property to keep the property from being leased or rented. The lien will ensure that the
property remains "owner-occupied" for the duration of the mortgage loan and will also
require that the buyer repay the loan upon sale of the property.
Budget & Financial Summary: The estimated sales price of the project is $161,700.00.
Funding for this project will come entirely from the City's federal HOME funds, as allocated
in the current fiscal year's Economic and Community Development budget. HOME grant
funds may only be used for affordable housing projects and activities. With the exception of
staff program delivery costs, the majority of this project’s costs will quickly be returned to
the Economic and Community Development budget when an eligible buyer ultimately
purchases the property.
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Attachments:
1 - Resolution – 4284 Hollow Stone Drive
2 - Bid Tabulation – 4284 Hollow Stone Drive
3 - Project Location Map – 4284 Hollow Stone Drive
4 – Photo of Comparable Home Constructed by the City –1218 Carolina, 1124 Carolina
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City of College Station - Purchasing Division
Bid Tabulation for #09-87
"New Single Family Construction of 4284 Hollow Stone"
Open Date: Wednesday, August 26, 2009 @ 2:00 p.m.
Orion Construction
(College Station, TX)
Formby
Construction
(College Station, TX)
ITEM QTY UNIT DESCRIPTION TOTAL PRICE TOTAL PRICE
11
Lump
Sum
Construction of 4284 Hollow Stone, Lot 40, Block 4,
Castle Rock, Phase 2A $112,435.00 $118,515.00
A.1 1
Lump
Sum Granite Countertops (full bullnose) Kitchen $2,300.00 $2,800.00
A.2 1
Lump
Sum Tile Backsplash Kitchen (Standard 6x6)$719.00 $600.00
A.3 1
Lump
Sum Trim Pack (3-1/2" Casing / 4-1/2" Baseboard)$230.00 $500.00
A.4 1
Lump
Sum Crown Molding (115') Coffered Ceilings $497.00 $225.00
$3,746.00 $4,125.00
CONSTRUCTION BASE BID
ALTERNATE BID ITEMS
Total Alternate Bid Items
Page 1 of 126
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Attachment 3: Location Map- 4284 Hollow Stone Drive
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Attachment 4: Photos of Comparable Homes Constructed by the City
1218 Carolina
1124 Carolina
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Sept 24, 2009
Consent Agenda Item No. 2f
Change Order to Construction Contract #09-222 for
Construction Improvements at John Crompton Park
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion on a change order to Contract #09-
222 with Fuqua Construction Inc. in the amount of $11,000, for the development of the improvements
at John Crompton Park pond.
Recommendation(s): Staff recommends approval of the change order.
1. Summary: Contract #09-222 with Fuqua Construction Inc. was approved July 20, 2009. The
contract is for improvements at John Crompton Park Pond. Construction bids were substantially
below the original cost estimate for dredging construction. This change order request will fund
additional dredging construction and material expenses.
Budget & Financial Summary: Contract #09-222 is a Standard Form of Construction Contract, and
according to City of College Station Purchasing Procedures “written change orders may be approved by
the City Manager or his delegate provided that the change order does not increase the amount set forth
in this contract to more than $50,000.00.” Changes in excess of this amount must be approved by City
Council prior to commencement of the services or work. This project is being funded utilizing parkland
dedication funds.
Amount Budgeted: $105,500.00
Original Contract Amount: $49,191.00
Change Order #1 Amount: $11,000.00
Net Percentage Increase: 22.4%
Revised Contract Amount: $60,191.00
Original Contract Time: 45 Days
Change order Time Extension: 15 Days
Revised Contract Time: 60 Days
Attachments:
1. Change Order #1
9/4/2009
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September 24, 2009
Consent Agenda Item No. 2g
Annual Exemptions
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to authorize expenditure of funds
for FY'10, items exempt from competitive bidding as described more fully in Texas Local
Government Code, Chapter 252.022; and other expenditures for interlocal contracts or fees
mandated by state law that are greater than $50,000.
Recommendation(s): Staff recommends approval of the purchase requests as listed.
Summary: The following are purchases that are exempt from competitive bidding in accordance
with Local Government Code 252.022 (a) (7) (A); and other purchases greater than $50,000
available from one source.
The following purchase requests are available from only one source and thereby exempt from
competitive bidding in accordance with LGC 252.022 (a)(7) (A) Items that are available from only
one source because of patents, copyrights, secret processes, or other natural monopolies:
U.S. Postmaster (postage - IT/Mail) FY10-$80,000; FY09-$60,000
The following purchase requests are available from one source and thereby exempt from
competitive bidding in accordance with LGC 252.022 (a)(7) (D) captive replacement parts or
components for equipment, computer software and hardware maintenance and equipment lease
and maintenance:
Sungard Public Sector (H T E application maintenance) FY10-$165,000; FY09-
$157,972
EnRoute Emergency System LLC (formerly GEAC) (application software
upgrade/maintenance - Public Safety System) FY10-$140,000; FY09 $138,996
The following purchase requests are considered professional services and thereby exempt from
competitive bidding in accordance with LGC 252.022 (a)(4) procurement for personal, professional,
or planning services:
Bickerstaff, Heath Attorneys (water issues) FY10-$75,000; FY09-$125,000
Mathews & Freeland (CCN/BRA/groundwater issues) FY10-$125,000; FY09-$65,000
Terracon (geotechnical testing services) FY10-$65,000; FY09-$75,000
Joe Orr Surveying (land surveying) FY10-$100,000; FY09-$100,000
The following purchases are available from one source and thereby exempt from competitive
bidding in accordance with LGC 252.022 (a) (7) (c) gas, water, and other utility service.
City of Bryan (utilities for Wells and Pump Station) FY10-$1,200,000; FY09-
$1,200,000
Verizon (local phone services) FY10-$100,000; FY09-$100,000
31
The following purchases are made pursuant to interlocal agreements with various agencies:
ILA with City of Bryan for Library services:
Bryan Public Library (operational expenses for CS Public Library) FY10-$981,181;
FY09-$995,701
ILA with Grimes County for Twin Oaks Landfill:
Grimes County (host fees/royalty payments) FY10-$180,000; FY09-$250,000
ILA with Brazos Valley Wide Area Communications System:
BV Council of Governments (managing entity for BVWACS) FY10-$140,000; FY09-
$62,878
Collaborative Agreement between Texas A&M University and nine other entities for Brazos
Valley Community Network (BVCNet) Project:
Texas A&M University FY10-$13,000; FY09-$13,000
ILA with the Texas Procurement and Support Services (State Contract):
AT&T Wireless (DIR)(wireless phone/data) FY10-$85,000; FY09-$76,000
ILA with Purchasing Solutions Alliance (Program of BVCOG)
Office Max (office supplies) FY10-$62,000; FY09-$61,000
The following purchase requests are for mandated state fees to the Texas Commission on
Environmental Quality (TCEQ), and the Brazos Valley Groundwater Conservation District.
TCEQ (quarterly disposal and permitting fees - BVSWMA) FY10-$420,000; FY09-
$400,000
TCEQ (inspections/assessments, permitting fees - W/WW) FY10-$100,000; FY09-
$75,000
BV Groundwater Conservation District FY10-$200,000; FY09-$175,000
Budget & Financial Summary: Funds are either available and budgeted for each of the listed
purchase requests in the fiscal year 2009-2010 budget in various funds of the City or if necessary
will be made available by proposing an appropriate budget amendment or contingency transfer.
Attachments: None
32
September 24, 2009
Consent Agenda Item No. 2h
Ratification of the repairs to the Carters Creek Centrifuge
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding ratification of a
purchase order to repair the centrifuge at the Carters Creek Wastewater Treatment Plant in
the amount of $64,885.
Recommendation: Staff recommends that Council ratify the purchase order.
Summary: To protect the health, safety and best welfare of the public, and remain in
compliance with TCEQ regulations, City Staff has had the Carters Creek centrifuge repaired
prior to Council approval. The centrifuge is a critical element of the wastewater treatment
process, since it de-waters the solids after treatment. If these solids are not handled
appropriately, the treatment process will fail. Our ability to manage solids without the
centrifuge is severely limited.
As part of routine maintenance, staff determined the wear parts on the centrifuge needed to
be replaced. Due to the precision and high speed of the rotating assembly and the
criticality of the centrifuge, these repairs are done at the equipment manufacturer’s shop in
Houston. Since these routine repairs were quoted to cost $32,087, the City Manager
approved the purchase order and the centrifuge was shipped to Houston. However, when
the unit was disassembled and inspected, it revealed additional, unanticipated damage that
will cost an extra $32,798 to repair. The additional repairs increased the purchase order
cost to a new total of $64,885.
This purchase is exempt from competitive bidding pursuant to LGC 252.022(a)(2) a
procurement necessary to preserve or protect the public health or safety of the
municipalities residents. Staff authorized the additional repairs to proceed prior to Council
approval, to protect the health and welfare of the public by ensuring the proper operation of
the wastewater treatment plant. To delay the repairs would have kept the centrifuge out of
operation for several more weeks, which would have greatly increased our sludge disposal
cost and seriously compromised the biological treatment process. For these reasons, staff
recommends Council approve the ratification.
Budget & Financial Summary: The cost of these repairs is $64,885. Wastewater Capital
Funds are budgeted and available for this item.
Attachment:
Repair quote
33
Doug Wallace
City of College Station
8/27/09
Repair of PM75000 Rotating Assembly & Gearbox S/N 84-PM75000-149
RH37977
Our report describing the condition of this equipment and advising the cost to repair is attached for your
review. Items marked
as "Discovery" are those recommended repairs that were realized during the inspection of the equipment
and are in addition
to Tom Cegielski's original proposal.
At the end of this document you will find a work authorization form for your execution and return. If you
have any questions, please do not hesitate to call me
at 713-934-3166.
Regards,
Tom Cegielski
34
REPAIR SUMMARY
PM75000 Rotating Assembly & Gearbox S/N 84-PM75000-149; RH37977
A/L ref.: 382066
Your ref.: 091123
ASSESSMENT
Your Rotating Assembly and Gearbox have been disassembled, cleaned and
inspected to determine their present condition. Based on current OEM
dimensions and standards, we recommend the following repairs.
PRE-ESTIMATED BASIC
REPAIR
At the Alfa Laval Houston Service Center the Rotating Assembly and Gearbox will be Disassembled, Cleaned
and dimensionally inspected.
Replace up to 10 conveyor tile assemblies
The Conveyor is assembled and computer balanced to OEM specifcations
Replace all Bearings, Seals, and oring in Rotating Assembly and Gearbox
Re-Assemble Rotating Assembly and Gearbox
Fill gearbox to proper operating level with your choice of either our recommended synthetic or petroleum
based oil.
Balance and Test Rotating Assembly in Shop PM75000 Frame
2mm p/p
4 hour test run
Paint Rotating Assembly and Gearbox
Written Inspection Report
Component and Abrasion Protection Evaluation
Vibration analysis
90 day Warranty
Conveyor tiles ….$136.10 each
Note: Number of tiles needed will be determined on inspection of conveyor. There will
be no additional charge for labor to install tiles only the cost of the tile.
Recommended Repairs
Conveyor:
- Slight wear to flight supports in feed zone
Slight wear to back of flights in feed zone
10 tiles damaged
- Re-hardsurface flight supports in feed zone *Discovery
Re-hardsurface back of flight in feed *Discovery
Replace 10 tiles
35
Accelerator:
- Slight to moderate wear on face at feed zone liner pilot
Moderate damage to hardsurfacing on I.D.
- Weld & machine face to specifications *Discovery
Re-work pilot diameters as needed *Discovery
Re-hardsurface I.D.
Feed Zone Liner:
- Slight wear at 2 nozzle ports
- Hardsurface I.D. , inside of ports and inside angle to specifications
Nozzle Set(Straight Through):
- Slight to moderate wear on all nozzle bodies
2 carbide inserts damaged
- Weld & machine wear on nozzle bodies *Discovery
Re-assemble nozzle bodies replacing 2 carbides *Discovery
Weight correct nozzles as a set *Discovery
Feed Nozzle Wear
Tension Bar:
- Moderate damage to tension bar nut pilot diameter
Slight damage to conveyor pilot diameter
Slight etching on conveyor bearing diameter but acceptable at this time
Seal diameter worn
Slight damage to threads
- Laser weld & grind t/bar nut pilot diameters/relief to specifications *Discovery
Polish conveyor pilot diameter
Chrome & grind seal diameter to specifications *Discovery
Lap threads for tension bar nut as needed
Spline Bushing:
- Slight damage to bearing diameter
Moderate corrosion to spline bushing, hub spline & cap
Moderate to heavy corrosion on splines, currently acceptable, part has limited life
- Polish bearing diameter
Beadblast & primer back of spline bushing, hub spline & cap*Discovery
Front Conveyor Seal Holder:
- Slight damage throughout part
Seal bore worn
- Deburr & polish as needed
Chrome & grind seal bore to specifications *Discovery
36
Rear Hub:
- Casing seal diameter worn
Inboard pilot diameter for pulley undersize
Slight to moderate wear at extension pilot diameter
- Chrome & grind casing seal diameter to specifications*Discovery
Laser weld & grind inboard pilot diameter for pulley to specifications*Discovery
Weld & machine wear at extension pilot diameter *Discovery
Weld & machine extension pilot diameter to specifications *Discovery
Confirm fit of hub nut and lap threads if needed prior to hub assembly
Rear Conveyor Bearing Seal Holder:
- Slight damage to seal bore
- Polish seal bore
Front Hub:
- Casing seal diameter worn
- Chrome & grind casing seal diameter to specifications *Discovery
Plate Dam:
- Slight damage
- Straighten as needed *Discovery
Plate Dam Retainer:
- Slight wear
- Weld & grind wear *Discovery
Front Conveyor Hub:
- Acceptable
- Use as is
Front Conveyor Hub Sleeve:
- Heavy wear on seal diameter
- Chrome & grind to specifications*Discovery
Extension:
- Slight to moderate wear at lugs & 45 area
1 groove in I.D. with moderate depth. 2 with minimal depth
2 wear sleeves are damaged
- Weld & machine wear to lugs/45 area See Reliability *Discovery
Weld & machine rear hub pilot diameter to specifications *Discovery
Fill groove with moderate depth with metal filler *Discovery
Re-glue all wear sleeves replacing 2 turning sleeves in direction of wear*Discovery
Extension Wear
37
Bowl Wear Ring:
- Moderate wear to face & I.D.
- Hardsurface face & I.D. to help prevent wear *Discovery
Bowl Shell:
- Acceptable
- Use as is
Noise Rings:
- Acceptable
- Use as is
Rear Bowl Liner:
- Section of 5 caulk strips damaged
- Replace section of 5 caulk strips
Front Bowl Liner:
- 6 tack welds cracked
- Re-tack liner as needed *Discovery
Bowl Seal Holder:
- Excessive corrosion to both
- Replace *Discovery
Seal Holder Corrosion in screw hole
Bowl Seal Clamps:
- Slight damage
- Deburr & polish
Seal RIngs:
- Slight damage
- Deburr & polish
Pillow Blocks:
- Slight damage to front pillow block bore
Slight corrosion & pitting to rear pillow block bore but acceptable at this time
- Deburr & polish front pillow block bore
38
Pillow Block Covers:
- Pin missing on rear outboard cover
Contact damage on labyrinth of rear outboard cover
- Replace missing pin on rear outboard cover *Discovery
Machine labyrinth on rear outboard cover to remove damage *Discovery
Flingers:
- Acceptable
- Use as is
Gearbox Adaptor:
- Slight corrosion on I.D.
- Remove surface corrosion
Pulley:
- Slight damage to bearing diameter & seal holder pilot diameter
- Deburr/polish bearing diameter & seal holder pilot diameter along with related face
Rear Bowl Hub Nut:
- Slight damage at tool slots
- Deburr & polish tool slots
Pulley Seal Holder:
- Damage at screw holes for pulley
Moderate corrosion on seal bore
- Machine face to remove damage at screw holes *Discovery
Re-drill screw holes as needed *Discovery
Chrome & grind seal bore to specifications *Discovery
Tension Bar Nut:
- Seal diameter worn
Slight wear to seal face but acceptable at this time
- Chrome & grind seal face to specifications *Discovery
Feed Tube:
- Not Sent
Lubrication System:
- 1 oiler bent
- Replace 1 oiler *Discovery
Spline Shaft:
- Moderate to heavy corrosion on splines, currently acceptable, part has limited life
Bumper ring missing
- Replace bumper ring
REQUIRED REPAIRS FOR GEARBOX
Cap:
- Acceptable
- Use as is
39
Front Cover:
- Acceptable
- Use as is
Rear Cover:
- Slight corrosion but acceptable at this time
- Use as is
Noise Rings:
- Acceptable
- Use as is
Housing:
- Acceptable
- Use as is
Sun Gear:
- Slight damage to cover bearing diameter
Cover seal diameter is worn
- Chrome & grind cover bearing diameter to specifications *Discovery
Chrome & grind cover seal diameter to specifications *Discovery
First Stage Gear Assembly
Carrier Assembly:
- Pion bearing mating face is worn
Pinion bearing diameter undersize
- Perform spacer modification on pinion bearing mating face & machine to specifications*Discovery
Chrome & grind pinion bearing diameter to specifications *Discovery
First Stage Planet Gears:
- Slight damage on bores
- Polish bores
First Stage Planet Shafts:
- Acceptable
- Use as is
Thrust Washers:
- Acceptable
- Use as is
Second Stage Gear Assembly
Carrier Assembly:
- Acceptable
- Add 732 adhesive at pin holes & use as is *Discovery
Second Stage Planet Gears:
- Slight damage to bore of gear
- Polish bore of one gear
40
Second Stage Planet Shafts:
- Slight damage on O.D.
- Polish O.D. of shafts
Thrust Washers:
- Acceptable
- Use as is
Retainer Spring:
- Acceptable
- Use as is
Reliability Option
Extension:
- Hardsurface O.D. of lugs after weld repairing to help prevent wear
41
Standard Pre-Estimated Parts
Part# Description Qty
1BHA45A SCREW 1
7FC70P O RING 4
9CE15 FITTING 1
7FE35BA O RING 1
7FC62BA O-RING 1
11BC68 BEARING 1
11BB16 BEARING 1
7FC64P O RING 1
7BA199 SEAL 2
7BA207 SEAL 2
11BC33 BEARING 1
PC10459-1 SPACER 1
7FK24AT QUAD RING 1
1BHA43A SCREW 8
1BGA79A SCREW 8
11BC61 BEARING 1
PC15445-2 SPACER 1
PC15575-1 RING 2
7FC57BA O-RING 1
PC18080-2 SEAL, BOWL HUB 2
9CE44 FITTING 1
PC9247-1 SLEEVE 1
1DAB6B2 SCREW 3
7FE28BA O RING 2
7FD16BA O RING 8
1BHA41B SCREW 8
1BHA63B SCREW 12
PC14900-1 GASKET 6
7FG31BA O RING 2
1BGA71B SCREW 4
7FC61BA O RING 1
1BGA54B SCREW 24
7FC62BA O-RING 1
11BC79 BEARING 1
7BA338 SEAL 2
7FG28BA O RING 1
1BR25B SCREW 16
9CH35B OIL, GEAR BOX 1
99156137 KIT, GEARBOX 1
6124004282 CONVEYOR TILE 10
42
Discovery Parts
Part# Description Qty
PE8671-1 HOLDER, BOWL HUB SEAL 2
PC20042-2 NOZZLE OIL PILLOW BLOCK 1
PC14312-1 WEAR SLEEVE 2
1PAP1A *PIN 1
PC13767-2 FEED NOZZLE INSERT 2
WC6389-13 KEY 1
PC9216-1 RETAINER, SPRING 1
12AB22 WASHER 5
12AB45 SPRING 2
43
AUTHORIZATION TO REPAIR
PM75000 Rotating Assembly & Gearbox S/N 84-PM75000-149; RH37977
A/L ref.: 382066
Your ref.: 091123
The total charge for parts, labor and expenses associated with this repair is:
Pre- Estimated Price $31,487.00
Additional Discovery Repairs $36,187.00
Freight $600.00
Labor Discount -$5,322.00
Total Repair with Freight $62,952.00
Reliability Option $1,933.00
Total Repair with Reliability Option $64,885.00
Above Price does not include applicable taxes
This repair has an estimated completion time of 4 weeks, after receipt of order.
Labor Discount is based upon all of above repairs being completed. If some of
above repairs are not completed some or all of labor discount may not apply.
Validity: 30
Payment Terms: NET 30 DAYS
Warranty:
Terms and conditions attached.
Please execute the work authorization below and fax it to the number shown below. The equipment not
approved for repair is subject to a service charge to cover the cost of disassembly, cleaning, inspection,
quoting and repackaging. On occasion, more extensive damage is revealed during the course of the repair,
in which case you will be contacted and advised of the possible impact to delivery and pricing.
WORK AUTHORIZATION:
Signing below is an authorization to proceed with the work described in the accompanying quotation.
Authorized Signature: __________________________________________________
Date: ________________________________________________________________
Purchase order or Work order #: _________________________________________
-> Fax to the attention of Tom Cegielski at +1 713-896-9892
44
September 24, 2009
Consent Agenda Item No. 2i
Annual Purchase Order for Liquid Chlorine
To: Glenn Brown, City Manager
From: From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
purchase order to DXI Industries for the purchase of liquid chlorine for use in our public
water supply. The amount of the purchase order is $77,220.
Recommendation: Staff recommends council approve this purchase order.
Summary: Chlorine is added to our public water supply to ensure disinfection and to
meet Texas Department of Health requirements. DXI was unable to continue honoring the
price of $512.80 per one ton cylinder due to circumstances beyond their control. This
commodity was re-bid along with the City of Bryan as bid 09-178. DXI was again the low
bidder with a price of $594.00 per one ton cylinder. Upon the conclusion of the initial
agreement term, the City has the option to renew the agreement for two additional one-
year terms, to be awarded one year at a time. City Staff is pleased with DXI’s service, and
since they are the low bidder, recommends award to DXI.
Budget & Financial Summary: The cost of this contract is $77,220. Water operating
funds are budgeted and available for this item.
Attachment:
Bid Tab
45
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46
September 24, 2009
Consent Agenda Item No. 2j
Engineering Assessment and Analysis of the NE Sewer Trunkline
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
professional services contract with Interra Hydro, Inc., in the amount of $56,393 for the
inspection, condition assessment, and capacity analysis of the Northeast Sewer Trunkline.
Recommendation(s): Staff recommends Council approve this contract.
Summary: The Northeast Sewer Trunkline serves an extensive area of College Station on
both sides of University Drive, including the Northgate area and both sides of Highway 6.
The line was built in 1978 and extensive redevelopment has occurred in Northgate and
other areas served by this line. The remaining capacity in this line must be determined by
engineering field investigation, which requires a highly specialized technical capability.
Interra Hydro, Inc. was selected as the most highly qualified firm to provide this engineering
service based on the City’s past experience with this company and Interra Hydro’s unique,
integrated, data collection, analysis and reporting system. As a professional engineering
firm, they are exempt from competitive bidding pursuant to Local Government Code
Chapter 252.022(a)(4) a procurement of for personal, professional or planning services.
This scope of services includes manhole and embankment inspection, GPS of embankment
erosion, and Closed Circuit TV inspection of 18,000 + feet of sewer line with that data being
used to provide a condition assessment and capacity analysis, a geodatabase of line defects
and manhole information and a set of recommendations to be included in a final report.
The result of this study will enable staff to make decisions regarding future maintenance
actions, and provide information on excess capacity in the line. The contract is available for
review in the City Secretary’s Office.
Budget & Financial Summary: Funds are budgeted and available in the Wastewater
Operating Fund.
Attachments:
Map
Contract (Available in the City Secretary’s Office.)
47
48
September 24, 2009
Consent Agenda Item No. 2k
Janitorial Maintenance Services
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding a Services
Contract with Professional Floor Service and Janitorial for janitorial services for all City
offices for an annual expenditure of $198,343.44.
Recommendation(s): Staff recommends award of the contract to Professional Floor and
Janitorial Services for $198,343.44.
Summary: This contract is for routine, daily cleaning of all City offices, restrooms, jail and
meeting rooms. The contract further calls for periodic window washing, floor
stripping/waxing and heavy carpet cleaning. Locations covered under this contract include:
City Hall Community Development Central Park Office
Utility Customer Service Municipal Court Bldg Public Works
Police Department Lincoln Center Dowling Road Pump Station
Library Exit Teen Center College Station Utilities
Carter Creek Waste Water BVSMA Landfill CSU Training/Meeting Facility
Budget & Financial Summary: Funds are available and budgeted in the General Fund,
Facilities Maintenance.
Attachments:
Contract
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September 24, 2009
Consent Agenda Item No. 2L
Annual Curb, Gutter & Flatwork Price Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the first renewal of bid
#08-84 to Brazos Paving Inc. in an amount not to exceed $411,000.00 for the annual
blanket order of concrete curb/gutter & flatwork used to maintain City infrastructure.
Recommendation(s): Staff recommends renewal of the annual blanket order to Brazos
Paving Inc. in the amount not to exceed $411,000.00 annually.
Summary: Maintenance of flatwork, curbs and gutters is contracted on an as needed
basis, by the Public Works Department and College Station Utilities. This is the first renewal
of two optional renewals of the annual blanket order awarded in bid #08-84.
Budget & Financial Summary: Funding for this service comes from the operating
budgets for streets, drainage and utility maintenance.
Attachments:
1. Renewal Letter
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September 24, 2009
Consent Agenda Item No. 2m
BVSWMA CSC Testing and Inspecting Contract
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on a resolution approving
a testing and inspecting contract #09-293 with CSC Engineering & Environmental
Consultants, Inc. in the amount of $62,000.00 for the Rock Prairie Road Landfill.
Recommendation(s): Staff recommends approval of the resolution approving the
testing and inspecting contract with CSC Engineering & Environmental Consultants, Inc.
based on their knowledge and previous experience at the Rock Prairie Road Landfill site.
Summary: This resolution approving a testing and inspecting contract with CSC
Engineering & Environmental Consultants, Inc. will allow the Rock Prairie Road Landfill to
maintain regulatory compliance with TCEQ disposal regulations. Groundwater monitoring
are tasks to be completed with the contract. Groundwater Monitoring and testing of all
monitoring wells at the facility must be completed twice per year and a written report with
the findings of these tests must be submitted to TCEQ for their review and approval.
Failure to comply with the requirements of these regulations would place the facility in non-
compliance that could warrant administrative action by TCEQ.
Budget & Financial Summary: Contract amount is $62,000.00. Funding for this
contract is available in the BVSWMA Operating Fund. As BVSWMA is funded through an
inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of
this project. As this contract is in excess of $50,000, it will require the approval of
the Bryan City Council.
Attachments:
1. Resolution
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September24, 2009
Consent Agenda Item No. 2n
Policy Renewal for Calendar Year 2009
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion on obtaining approval for a
three month renewal of Excess Liability/Workers Compensation to Star National Insurance Co. for
$69,066 Property/Boiler and Machinery to Affiliated FM for $22,843 Crime Coverage to Federal
Insurance Co. for $1,140 and EMT Liability to Western World Insurance Co. for $1,200.
Recommendation(s): Staff recommends approval of the three month renewal of current
property casualty policies for period October 1, 2009 through December 31, 2009.
Summary: The approval of a three month renewal on Excess Liability/Workers Compensation,
Property/Boiler and Machinery, Crime Coverage and EMT Liability insurance will allow the city to
go out for an RFP for all property/casualty lines while taking advantage of no cost increase for the
three month period October through December 2009. The RFP process will allow staff to review
claims and all associated cost of risk to determine the best alternatives available to the City. The
last RFP was completed in 2005.
Budget and Financial Summary: Funds are available in the Property Casualty Fund.
Attachments: Brokers recommendation letter
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MCGRIFF,SEIBELS &WILLIAMS OF TEXAS,INC.
5949 Sherry Lane, Suite 1300 • Dallas, TX 75225 • TEL – (469) 232-2100 • FAX – (469) 232-2101
September 11, 2009
Ms. Jane Mears
Risk Manager
City of College Station
1101 Texas Ave.
College Station, TX 77840
Re: Renewal Recommendation
October 1, 2009
Dear Jane:
Due to the City’s wish to complete the RFP process for a 12/31/09 renewal, your current insurance
carriers have agreed to extend the current coverage at the current rates until 12/31/09. The extension
premiums will be approximately as follows (premium pro-rata needed from carriers):
• Property/Boiler & Machinery Insurance - $22,843 Premium with Affiliated FM
• Crime Coverage - $1,140 Premium with Federal Insurance Company
• Excess Liability and Workers’ Compensation Coverage - $69,066 Premium with Star National
Insurance Company
• EMT Liability - $1,200.54 with Western World Insurance Company
Please review this information and let us know if you have any questions. We look forward to
continuing our relationship with the City of College Station. Thank you.
Sincerely,
Johnny Fontenot, CPCU, ARM, AIC
Senior Vice President
tkh/JF
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September 24, 2009
Consent Agenda Item No. 2o
Public Employee Benefits Alliance ILA
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action and discussion regarding an Interlocal
Agreement (ILA) between the City of College Station and Public Employee Benefits Alliance
(PEBA) for annual membership.
Recommendation(s): Staff recommends approval of the ILA providing for City of College
Station membership with PEBA.
Summary: PEBA was established on January 13, 2006 by the entry of certain local
governments of the State of Texas into a charter interlocal agreement. These local
governments created PEBA pursuant to Chapter 791 of the Texas Government Code and /or
Chapter 271 of the Local Government Code to administer an agreement to combine the
purchasing power of the participating local governments in order to increase their
bargaining power in negotiations with providers of products and services relating to
employee benefits.
Budget & Financial Summary: Annual membership cost is $500.
Attachments:
1. ILA
2. PEBA Bylaws
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BYLAWS OF THE PUBLIC EMPLOYEES
BENEFITS ALLIANCE
ARTICLE I
Creation of PEBA
The Public Employee Benefits Alliance (hereinafter referred to as “PEBA”)
was established on January 13, 2006 by the entry of certain local governments of the
State of Texas into a charter interlocal agreement. These local governments created
PEBA pursuant to Chapter 791 of the Texas Government Code and /or Chapter 271
of the Local Government Code to administer an agreement to combine the purchasing
power of the participating local governments in order to increase their bargaining
power in negotiations with providers of products and services relating to employee
benefits for officials, employees, retirees, and their eligible dependents, of counties,
cities, school districts and other local governments of the State of Texas and any other
state of the United States of America.
ARTICLE II
Definitions
As used in this agreement, the following terms shall have the meaning
hereinafter set out:
A. Board: the Board of Directors of PEBA;
B. Charter Member: a local government which signed the charter interlocal
agreement that formed PEBA.
C. Member: A member of PEBA may be any one of the following: (1) a local
government which enters into and maintains the requisite contractual relationship
through an intergovernmental agreement with PEBA; (2) a Charter Member of
PEBA; (3) a member of a Pool that is a Charter Member of PEBA.
ARTICLE III
Purposes
A. PEBA is a combination of local govenments and is organized for the benefit of
local governments. PEBA will administer the cooperative purchasing of goods,
services and other items to be used in the Members’ provision of employee benefits.
This cooperative purchasing will assist Members in controlling costs by taking
advantage of economies and efficiencies of scale, and lessen the burdens of
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government. PEBA is not intended to operate as an insurance company, or to pool
risks among its Members, but to administer cooperative purchasing endeavors on
behalf of its Members.
B. Although PEBA’s aim is to g enerate savings for its Members and not to
generate income for PEBA, any income received and accepted by the Board to be
administered under these Bylaws may be held and invested for PEBA in such a
manner as the Board shall determine. The investment policy of PEBA shall be
established by resolution of the Board in compliance with the Public Funds
Investment Act and may be changed from time to time.
C. No part of the income or assets of PEBA shall inure to the benefit of or be
distributable to its directors, officers, Members, or private persons, except that PEBA
may pay reasonable compensation for services rendered and may make payments and
distributions in furtherance of the purposes set forth herein. This section does not
prevent the Board from reimbursing members of the Board for reasonable and
necessary expenses connected with service on the Board.
D. Upon dissolution of PEBA, the Board of Directors shall, after paying or
making provision for the payment of all the liabilities of PEBA, distribute all the
assets of PEBA either to the then-current Members, which are organizations whose
income is excluded from federal income taxation under section 115(1) of the Internal
Revenue Code and who contributed to any remaining surplus pro rata in proportion to
their annualized contributions, or to a successor entity whose income is excluded
from federal income taxation under section 115(1) of the Internal Revenue Code.
ARTICLE IV
Non-Waiver of Governmental or Other
Immunity or Monetary Limits
All funds, plus earned interest, contained within PEBA are funds derived from
the Members or earnings thereon. It is the intent of the Members that, by entering into
interlocal participation agreements to become Members of PEBA, they do not waive
and are not waiving any immunity or damage limits provided by law to PEBA, its
Members, or their respective officers or employees. PEBA and its Members expressly
reserve their governmental immunity. No provision of these Bylaws, any interlocal
agreement, or any other document governing PEBA’s creation or operation shall be
construed to waive PEBA’s governmental immunity, or that of a Member.
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ARTICLE V
Powers
A. The powers of PEBA to perform and accomplish the purposes set forth above
shall be the following, subject to the financial limits of PEBA and the procedures set
forth in these Bylaws:
1. To administer such cooperative purchasing endeavors as are approved
by the Board and that directly relate to the provision of employee
benefits for Members .
2. To reasonably charge Members and/or vendors for services provided,
including the costs of operation;
3. To retain employees, agents and independent contractors necessary to
administer and achieve the purposes of PEBA, including but not limited
to attorneys, accountants, financial advisors, administrators,
investigators, experts, consultants and others;
4. To purchase and lease real property, equipment, machinery, and
personal property;
5. To hold all funds contributed by Members and to invest such funds in
investments authorized by the Board pursuant to its investment policy;
6. To carry out such other activities as are necessarily implied or required
to carry out the purposes of PEBA;
7. To sue, to the extent authorized by law;
8. To enter into contracts;
9. To enter into interlocal participation agreements with local g overnments
eligible to become Members under these Bylaws and to vary the
provisions of such agreements in accordance with the policies and
decisions of the Board;
10. To require at any time the execution by a Member of a new interlocal
participation agreement within sixty (60) days of the Member's receipt
of such new agreement, or in the absence of execution, to terminate the
Member's participation in PEBA in accordance with Article XVI of
these Bylaws;
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11. To reimburse Directors, to the extent funds are available, for reasonable
and approved expenses;
12. To purchase insurance and fidelity bonds from an insurance company
approved by the Texas Department of Insurance to write surety bonds in
Texas;
13. To enforce the terms of the interlocal participation agreements into
which it enters with Members.
B. PEBA shall have only those powers consistent with Texas law, these Bylaws,
the interlocal participation agreements entered into with Members, and any
amendments adopted hereto and as otherwise provided by law.
ARTICLE VI
Participation
Membership in PEBA shall be limited to local governments that agree to abide
by the standards for membership adopted by the Board, to abide by the Bylaws, and
to enter into interlocal participation agreements with PEBA. The Board may establish
a minimum initial period of participation for new Members, which shall be for a
period of not less than one year, subject to the payment of such sums and under the
conditions established in these Bylaws. PEBA may refuse to accept any applicant for
membership.
ARTICLE VII
Duration of Membership
All Members of PEBA, unless terminated or expelled pursuant to the
withdrawal or expulsion provisions of these bylaws, may remain Members
indefinitely.
ARTICLE VIII
Obligations of Members
The obligations of the Members are:
A. To pay promptly amounts due to PEBA at such times and in such amounts as
shall be established pursuant to these Bylaws and the interlocal participation
agreement. Failure of a Member to pay any amount due within thirty (30) days of
receipt of an invoice may result in the assessment of a late fee at a rate not to exceed
the maximum interest rate allowed by law;
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B. To designate in writing a representative to serve as a coordinator with PEBA (a
“PEBA Coordinator”). The PEBA Coordinator must be an emp loyee or officer of the
Member and of department head rank or above, but may be changed from time to
time;
C. To allow PEBA and its agents, contractors, and officers, reasonable access to
records of the Member, as required for the administration of PEBA;
D. To cooperate fully with PEBA's agents, contractors, or officers of PEBA in
activities relating to the purposes and powers of PEBA;
E. To pay to a contracted vendor all amounts due for products, services and other
items purchased by the Member collectively through PEBA, and to agree that PEBA
will not be financially responsible for any failure to perform by the vendor or the
Member.
ARTICLE IX
Charges/Dividends
A. PEBA may charge the Members and/or the vendors for the services provided,
with such charges being established by the Board and fully disclosed to the Members.
B. Any surplus resulting from an excess of accumulated income over expenses
shall be available for the benefit of the membership in accordance with Board
determinations, but in no event is any Member entitled to a distribution of such
surplus under this section.
ARTICLE X
Board of Directors and Officers
A. The Initial Board of Directors, as constituted by the Charter Interlocal
Agreement, will serve through December 31, 2007. The Initial Boa rd of Directors
shall select a Chair and Vice Chair from among the Initial Directors. The Initial Board
Chair shall appoint a Secretary, who may or may not be an Initial Director, to keep
the minutes and records of the Initial Board.
B. After December 31, 2007, the Board shall be comprised of ten (10) persons,
three (3) of whom shall be non-voting as set forth in Article X, section E, below. No
Member may have more than one employee or elected official on the Board at any
one time. A Board member shall be an employee or an elected or appointed official of
a local government that is a member of PEBA, shall not be currently under
indictment, and shall not have been convicted of a crime of moral turpitude.
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Employees of the Texas Association of Counties, the Tex as Association of School
Boards, Inc., and TML Intergovernmental Employee Benefits Pool are not eligible to
be full members of the Board, but may serve as ex officio, non-voting members of the
Board, pursuant to Article X. § E of the Bylaws, The withdrawal of a Member shall
vacate the membership on the Board of Directors of any employee or elected or
appointed official from the withdrawing Member. Any Board member who ceases to
be an employee or elected official of a Member shall immediately cease to be a
member of the Board of Directors.
C. On or before December 31, 2007, the Board of Directors shall be elected by the
Members. Three of such Directors, to be known as Group A Directors, shall serve a
term of two (2) years. Another four of such Directors, to be known as Group B
Directors, shall serve a term of three (3) years. The regular term of office shall be
three (3) years. No person shall serve more than three (3) consecutive full terms as
Director. The term for Group B Directors is a full term. Group A and B Directors will
be elected from a slate of candidates submitted by the Initial Board of Directors.
D. The officers of the Board shall consist of a Chair and a Vice Chair, who shall
be designated annually by a majority vote of the Board. The Chair shal l appoint a
Secretary, who may or may not be a member of the Board itself, to keep the minutes
and records of the Board.
E. Directors shall be selected by a combination of election and appointment. One
(1) Director shall be appointed by the Texas Association of Counties Health and
Employee Benefits Pool (“HEBP Director”). One (1) Director shall be appointed by
the Texas Association of School Boards Risk Management Fund (“TASB RMF
Director”). One (1) Director shall be appointed by the TML Intergovernmental
Employee Benefits Pool (“TML IEBP Director”). The HEBP Director, TASB RMF
Director and TML IEBP Director are referred to collectively as the Pool Directors.
The Pool Directors may be appointed from members of the boards of directors of the
respective pools, or from elected officials or employees of local governments that are
members of the respective pools. In addition to these voting seats on the Board,
HEBP, TASB RMF and TML IEBP shall each appoint a non-voting ex officio
member to the PEBA Board of Directors. Such appointees shall be employees of the
respective Pools or employees of the Associations associated with the Pools, and shall
serve in an advisory capacity.
The remaining four (4) Directors shall be elected in the following manner: the Chair
of PEBA shall, with the concurrence of the Board of Directors (or its Executive
Committee), select a nominee for each elected Director position. Together with a
ballot, notice of the nomination shall be mailed by the Secretary to the PEBA
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Coordinator of every Member. The elected Directors shall consist of one (1)
representative from a city Member; one (1) representative from a school district
Member; one (1) representative from a county and one (1) representative at large.
Each mayor, county judge, chief executive officer or other designee of each Member
shall, on behalf of the Member, cast the ballot by mail or other method which may be
prescribed by PEBA’s Board of Directors. The ballots which are received by the
Secretary no later than 5 p.m. on the fourteenth (14th) day after the date of issuance of
the notice of nomination shall be canvassed by the Secretary and approved by the
Chair of PEBA’s Board of Directors, subject to the discretion of the whole Board of
Directors to review and approve the canvass. The person receiving the highest
number of votes shall be elected to the office. The Secretary shall notify the Members
of the results of the canvass.
F. Any Director who fails to attend two (2) or more meetings, whether regular or
special, within a 12-month period without having been excused by the Chair, shall be
deemed to have resigned. The Chair may excuse a Director from attendance at a
meeting of the Board for good cause.
G. A majority of members of the Board, as the Board is constituted at the time,
shall constitute a quorum. Concurrence of a majority of those present and voting shall
be necessary for any official action taken by the Board, except as otherwise provided
herein. Any vacancy on the Board due to death, resignation, disqualification, or
inability to act shall be filled for the unexpired term by selection of another member
in the same manner that the original member was selected. The designation of a
person to fill an unexpired term of a Director shall not be deemed to create service in
a consecutive term for purposes of the prohibition of paragraph B of this Article.
H. The duly appointed or elected, qualified and acting Members of the Board shall
serve without compensation, but shall be entitled to reimbursement of reasonable
expenses incurred in the performance of their official duties, if funds are available,
upon the approval of such expenses by the Board or pursuant to Board policy.
I. The Directors shall not be deemed to have the duties of trustees under the
Texas Trust Act or the common law, but shall be ordinary fiduciaries. They may act
in accordance with the business judgment rule and the other constituencies doctrine.
J. No Director shall vote on an agenda item related to a service contract between
PEBA and the Member which the Director represents. Neither a Director, nor the
local government a Director represents, shall submit a proposal to PEBA in response
to a Request for Proposals published by PEBA for services or products related to
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employee benefits. However, TAC, TASB and TML IEBP may provide
administrative assistance and services to PEBA.
K. If a Director appointed pursuant to Article X, Section E ceases to serve for any
reason, the entity that appointed that Director shall appoint an individual to fill the
vacancy. If a Director elected pursuant to Article X, Section E ceases to serve, the
Chair shall appoint an individual to fill the vacancy. An individual appointed under
this section serves for the remainder of the term of the Director the individual
replaced.
ARTICLE XI
Powers and Duties of the Board of Directors
A. PEBA’s Board of Directors shall have all the powers and duties necessary for
the accomplishment of the purposes and goals of PEBA, including but not limited to
the following specific powers and duties:
1. To contract for such professional services as it may deem necessary and
to fix the time, manner, and payment therefor;
2. To carry out or supervise the performance of all of the duties necessary
for the proper operation and administration of PEBA on behalf of PEBA
Members. The Board shall have all of the powers necessary and
desirable for the effective administration of the affairs of PEBA,
including the power to delegate certain functions to contractors as
described herein;
2. To adopt a Plan of Operation, and to adopt r ules to carry out the
requirements of and implement the Bylaws and Plan of Operation and
all interlocal participation agreements with its Members;
3. To establish the fees and other payments to be paid by the Members to
cover the costs of operating PEBA ;
4. To develop and prepare the interlocal participation agreement or
agreements to be entered into by political subdivisions to become
Members of PEBA, including different agreements to effect different
objectives;
5. To set a budget and any necessary revisions to the budget;
6. To establish policies for the investment and disbursement of funds;
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7. To arrange for the investing of the monies of PEBA in accordance with
the Board’s investment policy and to open and maintain bank and other
accounts as are deemed necessary by the Board;
8. To have an audit performed by a certified public accountant at the end of
each fiscal year if the revenues to PEBA are in excess of $250,000(?);
9. To form and delegate to committees and provide other services as
needed by PEBA;
10. To do all acts necessary and proper for the operation of PEBA and
implementation of these Bylaws subject to the limits of the Bylaws and
not in conflict with these Bylaws;
11. To implement the dissolution of and disbursement of assets of PEBA
following a determination made pursua nt to the provision of Article III,
Section D;
12. To require at any time the execution by a Member of a new interlocal
participation agreement within sixty (60) days of receipt of such new
agreement by mail, or in the absence of execution, to terminate the
Member's participation in PEBA at the option of the Board, in
accordance with Article XVI of these Bylaws;
13. The Board shall have the general power to make and enter into all
contracts, leases, and agreements necessary or convenient to carry out
any of the powers granted under these Bylaws or under any other law.
All such contracts, leases, and other agreements shall be approved by
resolution of the Board and shall be executed by those individuals
designated in such resolution. However, the Board’s designee sha ll have
the power to execute interlocal participation agreements in accordance
with the policy or practice of the Board without the necessity of express
Board action on each such agreement. Additionally, the Board shall
have the power to delegate all the above mentioned functions to
contractors as permitted under these Bylaws or other law. In the absence
of such designation or delegation, all agreements shall be executed by
the Chair or Vice Chair.
B. The Chair of the Board may appoint an Executive Committee or designee of
the Board to handle the affairs of the Board between the regular Board meetings or
any of the called Board meetings. The Board shall review the actions of the Executive
Committee at each Board meeting to ratify any actions taken. The Chai r may appoint
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other committees with authority specifically granted by the Board and subject to its
supervision. The Board may dissolve any such committee at any time.
ARTICLE XII
Meetings of the Board of Directors
A. Meetings may be called by the Chair or by a majority of the Directors or by a
waiver of notice that is executed by all of the Directors.
B. All acts of the Board shall require a majority vote of the Directors present and
voting, except as otherwise specifically provided in these Bylaws.
C. To the extent allowed by law, any meeting of the Board may be held by
telephone conference call in which all or certain of the Directors are not physically
present at the place of the meeting, but all or some participate in the conduct thereof
by telephone. For the purpose of determining the presence of a quorum and for all
voting purposes at such a meeting, all participating Directors, including those
participating by telephone, shall be considered present and acting.
ARTICLE XIII
Liability of Board of Directors
A. Members of the Board of Directors of PEBA and any employees thereof, shall
not be personally liable to any Member, official, employee, retiree, eligible dependent
of a Member, or any other person for any acts performed or omitted in good faith or
in accordance with relevant objective standards. PEBA shall use its available
resources to defend and indemnify the Members of PEBA's Board of Directors and
employees thereof, against/any and all expense, including attorney’s fees and liability
expenses sustained by them or any of them in connection with any suit or suits which
may be brought against said Members of the Board of Directors and such employees
involving or pertaining to any of their acts or duties performed or omitted for PEBA
in accordance with the above standards. PEBA may, if funds are available, purchase
insurance providing coverage for the Directors and employees thereof. Nothing
herein shall be deemed to prevent compromises of any such litigation where the
compromise is deemed advisable in order to prevent greater expense or cost in the
defense or prosecutions of such litigation.
B. PEBA may obtain a bond or other security to guarantee the faithful
performance of the duties of each Director.
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ARTICLE XIV
Bond
Each member of the Board and each employee who has any authority over
money in PEBA or money collected or invested by PEBA may be required by the
Board to execute a bond in an amount determined by the Board, conditioned on
faithful performance of his or her duties. The cost of the bond shall be paid by PEBA.
ARTICLE XV
Withdrawal from Membership
A. Any Member may withdraw from PEBA by giving at least thirty (30) days'
written notice to the Board of its desire to withdraw. A withdrawing Member shall
have no right to any portion of the assets or accumulated surplus of PEBA.
ARTICLE XVI
Expulsion of Members
A. By a majority vote of the Board, not including any Director disqualified
pursuant to Article XVI. B., any Member may be expelled. Such expulsion, which
shall take effect sixty (60) days after such meeting, may be carried out for one or
more of the following reasons:
1. Failure to allow PEBA or its administrators reasonable access to records
of the Member necessary for proper administration of PEBA;
2. Failure to fully cooperate with PEBA's administrators or other agent,
contractor, or any officer of PEBA;
3. Failure to carry out any obligation of a Member which impairs the
ability of PEBA to carry out its purposes or powers;
4. Failure to comply with the obligations of Members as set forth in Article
VIII of these Bylaws;
5. Failure to execute a new interlocal participation agreement with PEBA
when required under Article V, paragraph 10 and under Article VIII,
paragraph A of these Bylaws; or
B. The vote of a Director who is employed by, an officer of, or otherwise
representing a political subdivision proposed to be expelled shall not be counted in
determining the number of votes required nor shall such Director be entitled to vote
on the expulsion of his or her own political subdivision.
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C. Except for nonpayment of an obligation to PEBA, no Member may be expelled
except after written notice from the Board of Directors of the alleged failure along
with a reasonable opportunity of not less than thirty (30) days to cure the alleged
failure. The Member may request a hearing before the Board before any final
decision, which shall be held within thirty (30) days after the expiration for the time
to cure has passed. A decision by the Board to expel a Member after notice of hearing
and failure to cure the alleged defect shall be final and take effect sixty (60) days after
the decision to expel is rendered by the Board. After expulsion, the former Member
shall continue to be liable for any unpaid contributions and to make any payment for
which an obligation arose prior to expulsion or in accordance with any contract
provisions. The expelled Member shall not be entitled to any reimbursement of
contributions that are to be paid or that may become payable in the future; provided,
however, the expelled Member shall be entitled to receive all distributions which are
declared before expulsion of the Member and are given in accordance with Board
determinations, subject to a set-off for any outstanding obligation to PEBA. If the
Member is expelled prior to the en d of Member's annual coverage period, normal
short-rate earned premium factors will be applied to determine the obligation of the
Members.
D. Notwithstanding any other provision in these Bylaws, the Board may terminate
the membership and expel a Member without further notice if any payment owed by
the Member to PEBA remains outstanding beyond sixty (60) days of the due date.
E. Expulsion shall be in addition to any other remedy which otherwise exists.
F. Expulsion is without prejudice to that local governme nt’s ability to reapply for
membership in PEBA.
ARTICLE XVII
Contractual Obligation
A. An original or certified or attested copy of each Member's executed interlocal
participation agreement shall remain on file with PEBA.
B. Except to the extent of the financial payment to PEBA agreed to herein or such
additional obligations as may come about through amendments to these Bylaws, no
Member agrees or contracts herein to be held responsible for any claims made against
any other Member. The contracting parties intend in the creation of PEBA to establish
an organization to operate only within the scope herein set out and have not herein
created as between Member and Member any relationship of surety, agency,
indemnification or responsibility for the debt of or cla ims against any other Member.
81
13
ARTICLE XVIII
Fiscal Year
The fiscal year of PEBA shall be the calendar year or other twelve (12) month
period as established by the Board of Directors.
ARTICLE XIX
Severability
In the event that any article, provision, clause or other part of these Bylaws is
held invalid or unenforceable by a court of competent jurisdiction, such validity or
unenforceability shall not affect the validity or enforceability with respect to other
articles, provisions, clauses, applications or o ccurrences, and these Bylaws are
declared to be severable.
ARTICLE XX
Amendment of Bylaws
A. The Board may amend these bylaws at any meeting of the board. Any
amendment to the Bylaws shall become binding on any PEBA Member upon its
adoption. The provisions of any amendment which alter the rights of a Member which
would otherwise exist under a contract shall be effective on the thirtieth (30th) day
after written notice of the provision has been served on the Member in accordance
with the contract provisions, or otherwise as the parties may agree.
B. Notwithstanding the provisions of Article XX, Section A, amendments to
Article III, Purposes, can only be amended by a majority vote of the entire PEBA
Membership. Each Member shall have one (1) vote.
ARTICLE XXI
Notices
A. Any notice required or permitted by these bylaws to be given to a Member, a
Director, an officer, or member of a committee of PEBA may be given by facsimile,
mail, telegram, or e-mail. If mailed, a notice is deemed delivered when deposited in
the mail addressed to the person at his or her address as it appears on the PEBA’s
records, with postage prepaid. If given by telegram, a notice is deemed delivered
when accepted by the telegraph company and addressed to the person at his or her
address as it appears on the PEBA’s records. If given by facsimile transmission, a
notice is deemed delivered when printed confirmation of receipt is obtained from the
transmitting mechanism. If given by e-mail, a notice is deemed delivered at the
moment it is sent. PEBA is not responsible for failure of delayed delivery of notice by
82
14
the United States Postal Service, the facsimile service provider, the internet service
provider or any other intermediary transmitting the notice. A person may change his
or her address in PEBA’s records by giving written notice of the change to the
secretary of PEBA.
B. Whenever any notice is required by law or these bylaws, a written waiver
signed by the person entitled to receive such notice is considered the equivalent to
giving the required notice. A waiver of notice is effective whether signed before or
after the time stated in the notice being waived.
C. A person’s attendance at a meeting constitutes waiver of notice of the meeting
unless the person attends for the express purpose of objecting to the transaction of
any business because the meeting was not lawfully called or convened.
ARTICLE XXII
Miscellaneous Provisions
A. These bylaws will be construed under Texas law. All references in these
bylaws to statutes, regulations, or othe r sources of legal authority will refer to the
authorities cited, or their successors, as they may be amended from time to time.
B. To the greatest extent possible, these bylaws shall be construed to conform to
all legal requirements and all requirements for obtaining and maintaining all tax
exemptions that may be available to unregistered organizations such as PEBA. If any
bylaw provision is held invalid, illegal, or unenforceable in any respect, the invalidity,
illegality, or unenforceability will not affect any other provision, and the bylaws will
be construed as if they had not included the invalid, illegal, or unenforceable
provision. Venue for any dispute arising out of or under these bylaws shall be in
Travis County, Texas.
C. The headings used in the bylaws are for convenience and may not be
considered in construing the bylaws.
D. All singular words include the plural, and all plural words include the singular.
E. A person may execute any instrument related to PEBA, except a vote or
written consent of a director or committee member, by means of a power of attorney
if an original executed copy of the power of attorney is provided to the secretary to be
kept with the corporate records.
F. The bylaws will bind and inure to the benefit of the directors, of ficers,
committee Members, employees, and agents of PEBA and their respective heirs,
83
15
executors, administrators, legal representatives, successors, and assigns except as the
bylaws otherwise provide.
CERTIFICATE
I certify that I am the Secretary of the Public Employees Benefit Alliance and
that these bylaws constitute PEBA’s Bylaws. These bylaws were duly adopted at a
meeting of the initial Board of Directors held on January 30, 2006.
Dated:
By:
Secretary of the Board
84
September 24, 2009
Consent Agenda Item No. 2p
Weingarten Litigation Expenditures
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion to authorize additional
funds for professional legal services provided by Coats Rose Ryman and Lee for the
Weingarten Realty lawsuit through September 30, 2009. The amount requested to be
approved will be presented at the meeting.
Recommendation(s): Staff recommends authorization to pay for legal services provided
by Coats Rose Ryman and Lee for the Weingarten lawsuit through September 30, 2009, in
an amount to be presented to the Council at the meeting.
Summary: Weingarten Realty is suing the City of College Station and City Council Members
Dave Ruesink and Dennis Maloney, Mayor Ben White, former Mayor Ron Silvia, former
Council Member Lynn McIlhaney, and Planning and Zoning Commissioner Hugh Stearns as a
result of the City’s denial of Weingarten’s application to rezone an undeveloped parcel of
land located at the corner of State Highway 6 and Rock Prairie Road.
On February 12, 2009 the City Council authorized legal fees to be paid for this lawsuit up to
$650,000.00. The City has spent $577,562.17 through June 30, 2009. An invoice for
services rendered in July, 2009, totaling $215,150.54 will exceed the current authority.
Coat Rose Ryman and Lee are providing an estimate of potential legal costs for the
remainder of the fiscal year and that figure will be presented at the meeting for the
Council’s approval.
Budget & Financial Summary: Funds are available in the Property Casualty Fund.
Attachments:
None
85
September 24, 2009
Consent Agenda Item No. 2q
Legal Counsel to Create Landfill Governmental Corporation
To: Glenn Brown, City Manager
From: City Manager’s Office
Agenda Caption: Presentation, possible action, and discussion to approve an agreement
in an amount not to exceed $60,000 with the legal firm of Andrews Kurth LLP to perform
legal work in connection with the creation of a new Texas local government corporation to
own and control the Twin Oaks Landfill and authorization for the Mayor to execute the
agreement.
Recommendation(s): Staff recommends approval of an agreement with Andrews Kurth
LLP to perform legal work in connection with creating a new Texas local government
corporation to own and control the Twin Oaks Landfill and authorization for the Mayor to
execute the agreement.
Summary: Staff has received a letter of engagement outlining the services proposed by the
legal firm of Andrews Kurth LLP in the creation of a local government corporation to own
and control the Twin Oaks Landfill. The clients will initially jointly be the Cities of College
Station and Bryan.
Final details of the agreement are being resolved with the legal firm and the final agreement
(engagement letter) will be provided prior to the Council meeting.
Budget & Financial Summary: It is proposed that funds from the BVSWMA Fund will be
used to cover this expense as the services will be forming a local government corporation to
own and control the Twin Oaks Landfill. It is estimated this expense will not exceed
$60,000.
Attachments:
1. Engagement Letter (to be provided to Council prior to the meeting)
86
September 24, 2009
Regular Agenda Item No. 1
Public Hearing and Consideration of Budget Amendment # 1
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 #1 amending ordinance number 3202 which will
amend the budget for the 2009-2010 Fiscal Year in the amount of $8,094,128
providing annual 12 month appropriation for the Brazos Valley Solid Waste
Management Agency (BVSWMA).
Recommendation(s): Staff recommends the City Council hold the public hearing
on Budget Amendment #1, and approve the budget amendment ordinance amending
the budget for BVSWMA adding the annual 12 month appropriations for BVSWMA in
the amount of $8,094,128. At the September 14, 2009 BVSWMA Policy Board
Meeting the board recommended not approving a 3 month budget for BVSWMA.
Summary: The City Council approved the 2009-2010 annual budget at the
September 10, 2009 City Council Meeting. As part of the budget adoption the
BVSWMA portion was removed in order to allow the BVSWMA Board to make a
recommendation prior to the City Council considering the BVSWMA budget. The
BVSWMA Policy Board met on Monday September 14th and recommended not
approving a 3 month budget for BVSWMA.
The City of Bryan approved a 3 month budget for BVSWMA.
Budget & Financial Summary: Staff recommends the annual 12 month BVSWMA
budget be approved as presented in the proposed budget with the following
revisions: removal of the Service Level Adjustment for the additional Scale House
Operator in the amount of $40,666, and a reduction in the General and
Administrative Transfer of $9,468.
The total proposed revised annual 12 month BVSWMA budget is $8,094,128. Funds
for this Budget Amendment will be available through the landfill tipping fees.
Attachments:
1. Ordinance
2. BVSWMA Budget
87
88
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90
City of College Station
Brazos Valley Solid Waste Management Agency
Operations & Maintenance Summary
EXPENDITURE BY DEPARTMENT
Revised Estimated Proposed Proposed Proposed % Change in
Actual Budget Year-End Base Budget SLAs Budget Budget from
DIVISION FY08 FY09 FY09 FY10 FY10 FY10 FY09 to FY10
Landfill Operations 3,961,621$ 4,300,062$ 4,150,105$ 2,538,411$ 1,359,600$ 3,898,011$ -9.35%
Administration 335,085 305,441 286,001 266,852 266,852 -12.63%
Proposed Pay Plan - - - - 9,509 9,509 N/A
DEPARTMENT TOTAL 4,296,706$ 4,605,503$ 4,436,106$ 2,805,263$ 1,369,109$ 4,174,372$ -9.36%
EXPENDITURE BY CLASSIFICATION
Revised Estimated Proposed Proposed Proposed % Change in
Actual Budget Year-End Base Budget SLAs Budget Budget from
CLASSIFICATION FY08 FY09 FY09 FY10 FY10 FY10 FY09 to FY10
Salaries & Benefits 1,361,663$ 1,490,974$ 1,412,779$ 1,497,214$ -$ 1,497,214$ 0.42%
Supplies 640,039 506,330 432,615 403,441 8,100 411,541 -18.72%
Maintenance 295,498 356,220 370,196 327,460 500 327,960 -7.93%
Purchased Services 565,372 591,979 581,551 577,148 16,000 593,148 0.20%
General Captial 1,433,734 1,660,000 1,638,965 - 1,335,000 1,335,000 -19.58%
Other Purchased Services 400 - - - - - N/A
Proposed Pay Plan - - - - 9,509 9,509 N/A
DEPARTMENT TOTAL 4,296,706$ 4,605,503$ 4,436,106$ 2,805,263$ 1,369,109$ 4,174,372$ -9.36%
PERSONNEL SUMMARY BY DIVISION
Revised Proposed Proposed Proposed % Change in
Actual Actual Budget Base Budget SLAs Budget Budget from
DIVISION FY07 FY08 FY09 FY10 FY10 FY10 FY09 to FY10
Landfill Operations 24.50 24.50 24.50 24.50 - 24.50 0.00%
Administration 3.00 3.00 2.75 2.75 - 2.75 -8.33%
DEPARTMENT TOTAL 27.50 27.50 27.25 27.25 - 27.25 0.00%
Service Level Adjustments:Total Cost:
BVSWMA Landfill Operations Roll-off Truck 180,000$
BVSWMA 4WD Diesel 1/2 Ton Truck - Environ Comp Officer 35,800
BVSWMA Track Loader Upgrade to Dozer 783,000
BVSWMA Heavy Equip Mechanic Svc Truck Upgrade 100,000
Total Equipment Replacement SLAs 1,098,800
BVSWMA Landfill Operations - Transition to Grimes County 188,800
BVSWMA Diesel Powered Portable Light Tower 12,000
BVSWMA GPS Peer to Peer CAES Upgrade 60,000
Total Non-Equipment Replacement SLAs 260,800
BVSWMA SLA Totals 1,359,600$
91
BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY
OPERATIONS
Description & Budget Explanation:
The Brazos Valley Solid Waste Management Agency is responsible for the operation of the Rock Prairie
Road Landfill, a regional landfill serving the Cities of College Station and Bryan, Texas A&M University
and the 19 surrounding counties.
Program Name: Operations
Service Level:Provide Landfill disposal services to the Cities of College Station and Bryan,
Texas A&M University and the surrounding counties.
Performance Measures FY 08 FY 09 FY 09 FY 10
Actual Approved Estimate Proposed
Workload Indicators
-# of tons disposed 314,883 N/A 315,969 312,613
- # of disposal facilities managed 1 N/A 1 2
- # of HHW collection events 2 N/A 2 2
- # of Master Composter classes 2 N/A 2 2
- # of educational outreach presentations 67 N/A 60 26
Efficiency Indicators
- No. of labor hours per ton of waste received at the 0.12 0.19 0.18 0.19
landfill for disposal.
- Cost per ton of waste received at the landfill $10.40 $12.00 $12.00 $12.36
for disposal.
- Landfill Density survey results (lbs. per CY) 1789 1300 1300 1300
- Constructed disposal capacity >180 days Yes N/A Yes Yes
Effectiveness Indicators
- # of tons diverted from landfill disposal to 21,696 20,000 20,000 20,600
be reused or recycled.
(i.e. concrete, metal, soil, HHW)
- Landfill tipping rate $25.30 N/A $25.30 $25.30
- Facilities in TCEQ Compliance Yes Yes Yes Yes
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September 24, 2009
Regular Agenda Item No. 2
13601 & 13679 FM 2154 - Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding a
amending Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official Zoning Map”
of the Code of Ordinances of the City of College Station, Texas by rezoning from A-O
Agricultural-Open to a Planned Development District 1.5 acres located at 13601 and 13679
FM 2154, generally located at the intersection of W.D. Fitch Parkway and Wellborn Road.
Case #09-00500161
Recommendation(s): The Planning and Zoning Commission recommended denial of the
request (6-0). Staff also recommended denial of the request
If the rezoning is approved, Staff recommended that the applicant be required to exceed
minimum landscaping and buffer standards to alleviate some impact from the
development’s intensity, that structures on this site be required to have a residential-style
pitched roof, not exceeding thirty-five feet in height, and that all setbacks and heights be
measured from future back-of-curb estimates based on TxDOT plans for Wellborn Road and
W.D. Fitch.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The subject property is designated as
General Suburban on the Comprehensive Plan which calls for a moderate level of
intensity for residential uses. It is also located within Growth Area IV which allows for
Suburban/Neighborhood Commercial and Offices uses, in addition to other General
Suburban uses. Suburban Commercial is intended to accommodate uses which primarily
serve the surrounding neighborhoods with appropriate low-intensity developments which
may include pharmaceutical, retail, office, limited gasoline accommodations, and dine-in
food service. The proposed uses shown on the Concept Plan are not all consistent with
this description. Though all of the uses may be compatible with the Comprehensive Plan
at a certain size and level, the inclusion of a drive-thru restaurant and a gasoline
distribution area with more than two dispensers causes the proposed Planned
Development to be non-compliant.
The Comprehensive Plan promotes neighborhood integrity through the transition of land
uses around the fringes of established neighborhoods. In an area planned for General
Suburban, a small amount of neighborhood conveniences and offices are appropriate,
but the design should include restrictive heights, setbacks, buffering, architectural style,
lot coverage, landscape protection, and the like to help the development blend with the
neighborhood and to protect the neighborhood from possible nuisances such as light and
sound pollution. The proposed development would not only have uses that are intense,
but would waiver from some of the development standards that should be increased for
mitigation efforts.
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The intersection of William D. Fitch and Wellborn Road has been designated as a Primary
Arrival Gateway for College Station. Primary arrival gateways are defined as locations
where the most substantial gateway enhancements should be installed. This may take
the form of significant monument signage, substantial landscaping and streetscaping,
fountains, and large-scale art. While it is not incumbent upon a private development to
design and install such a gateway, the design of a development should complement the
intended public investment.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The proposed PDD is not compatible
with the surrounding R-1 Single Family Residential uses due to the number of gasoline
dispensers and a drive-thru restaurant. A commercial development of this intensity is
not appropriate when abutting residential uses. Large-scale gas and retail centers are
more appropriate in areas planned for General Commercial. In addition, drive-thrus are
not always appropriate in developments against single family. Drive-thru restaurants
are intense uses that impact surrounding residences and are not considered compatible.
Drive-thrus associated with less-intense uses (such as a bank) may be compatible if the
site was designed to distance the drive-thru from the residential and to mitigate
negative effects.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
proposed PDD would permit the following land uses: convenience store, fueling area
with more than 2 dispensers, retail, drive-thru restaurant, and bank. Though the
Planned Development being proposed is not in compliance with the Comprehensive Plan
due to its intensity, the property is well positioned between two major roadways to
support some neighborhood or suburban commercial or office activity. The limited
access to this site, being only accessed from Wellborn Road which is proposed to have a
median, makes this site unsuitable for intense commercial activity.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
subject property, located at the intersection of two major thoroughfares is not a proper
location for agricultural or single family uses, but is appropriate as open space until a
rezoning and development are considered appropriate. William D. Fitch and Wellborn
Road are considered Primary Image Corridors and their intersection is a Primary Arrival
Gateway. Being at the intersection of two vital roadways to College Station’s
movement, this location has an important role in the community identity of south
College Station.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
At the location of two major thoroughfares and being of developable size, this property
is marketable.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There is an existing 12-
inch water main available to serve the property. The 12-inch water main is required to
be extended at the time of platting in accordance with the Water Master Plan. There is
also an existing 8-inch sanitary sewer main located on the eastern corner of the
property. Drainage is generally to the northwest within the Lick Creek Drainage Basin.
All utilities shall be designed in accordance with the B/CS Unified Design Guidelines at
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the time of Platting and Site Development. The property is proposing taking access from
FM 2154 and William D. Fitch Parkway. TxDOT is currently evaluating the proposed
driveway locations, and will determine if driveway permits for one or both of the
proposed driveways will be granted.
CONCEPT PLAN REVIEW CRITERIA
The applicant’s stated purpose of the development is to:
1) Satisfy a community need for convenience at a demand center by intercepting
traffic; and
2) Build an attractive facility that mimics the neighboring residential buildings.
The applicant is requesting a variation to Section 5.4, Non-Residential Dimensional
Standards that require a front setback of 25’ for a commercial building. All three sides
of this triangular shaped property are shown with a 15’ setback.
The second variation the applicant is requesting is to Section 7.6, Buffer Requirements,
which requires a bufferyard of 15’ and a wall to be constructed between commercial and
residential uses. The applicant is proposing a 6’ bufferyard, but is willing to increase the
wall height. In addition, the applicant would like to relocate required buffer plantings to
the front on the property to that they may be more visible.
The third variation the applicant is requesting is to Section 7.1.H.2, Height- Single
Family Protection, which requires a height limitation ratio of 2:1 when commercial
property abuts single family. This means that the building must be twice the distance
from the property line as its height. This request is to add a pitch roof to the building,
as suggested by the Comprehensive Plan, while remaining close to the property line to
utilize space. A height waiver will also allow the building height to be increase to
intercept ambient light from the fueling area.
The applicant is requesting two items that vary from a C-3 zoning district, which would
be comparable for Neighborhood Commercial. The first is from Section 6.3.G.7 which
clarifies the Specific Use Standards for fuel sales and limits the number of vehicles
served simultaneously to four. The second is from 6.3.Q.2 which prohibits the use of
drive-thru restaurants.
The applicant has stated four acknowledged community benefits as reasons to support
the rezoning request. These benefits include a public art display area, saving mature
trees, a minimum 5% increase of landscaping, and a minimum 5% increase of masonry
and architectural relief elements on the buildings. These items are not displayed on the
Concept Plan, but may be included in the rezoning.
The driveway shown on W.D. Fitch has been denied by TxDOT; therefore, the design of
this plan is expected to change.
The Unified Development Ordinance provides the following review criteria for PDD
Concept Plans:
1. The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area: The current character is
largely rural on the west side of Wellborn Road, but with significant residential
development on the east side. The proposed development would serve the surrounding
residential developments, as well as commuters coming from southern Brazos County.
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Roof pitch between 19’-24’ in height, at least 5% more landscaping than required by
ordinance, and at least 5% more architectural relief elements than required by
ordinance would make this development more harmonious with the surrounding uses;
but decreases in setbacks, bufferyards, and buffer plantings work against the sustained
stability, harmony, and character of the area. There is a market for convenience centers
such as being proposed, and there is a large commuter base to support the
development. However, this center will not contribute to the community identity and
unity of south College Station due to its density and intense uses. Instead it will give
this area a transient feel instead of bringing together the surrounding neighborhoods.
2. The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be
consistent with the intent and purpose of this Section: Though there are portions
of the development that are compatible with the Comprehensive Plan General Suburban
land use designation, however, overall it is non-compliant. The use of a restaurant
drive-thru and more than two gasoline dispensers makes this development more
appropriate for an area designated as General Commercial. The main rectangular-
shaped building will be between 9,000 and 10,000 square feet and will be oriented
toward the intersection. One alternative that Staff suggested was to separate the uses
into smaller buildings, but this option was not compatible with the developer’s desired
commercial density on the property. A reduced buffer will bring the development
activity, particularly the drive-thru, even closer to the existing residential uses. These
compromises will conflict with the City’s obligation to uphold Neighborhood integrity by
protecting the long-term viability and appeal of established neighborhoods.
3. The proposal is compatible with existing or permitted uses on abutting sites
and will not adversely affect adjacent development: The proposed layout proposes
a reduction from the minimum buffer standards between commercial and residential
uses from fifteen feet of landscaped buffer yard and a wall to six feet of buffer yard and
a wall. In addition the applicant wishes to relocate required buffer planting to the “front
yard” area thus increasing plant visibility but reducing the buffer. Though the
neighboring Home Owner’s Association was not concerned about the proposed
development, it was expressed that they wished for staff to look out for their best
interest and requested that measures be taken to reduce any noise that may be cause
from the drive-thru speaker box. If buffer planting are removed from the bufferyard,
this request will disregarded. In addition to aesthetics, buffer planting acts barrier for
noise, physical, and light pollution. The shrubbery absorbs and deflects some noise
coming from the vehicles while trees block additional sound and light from spilling over
the required wall. The applicant has proposed to increase the height of the buffer wall in
this area to block sound. However, if the wall is to be greater than 8’ in height, that
must be specified in the zoning ordinance.
4. Every dwelling unit need not front on a public street but shall have access to a
public street directly or via a court, walkway, public area, or area owned by a
homeowners association: There are no proposed dwelling units within the proposed
Planned Development.
5. The development includes provision of adequate public improvements,
including, but not limited to, parks, schools, and other public facilities: The
applicant has stated that an area that will be used for the display of local art to benefit
students is intended to be incorporated in this development. The location of this display
has not been specified at this time. Though not a public improvement, the applicant has
stated that they will make efforts to save as many mature trees where practical in
relation to the site layout. During the site planning process, additional landscaping
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S O U T H E R N
B R E E Z E D R
S
O
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N
F m 2 1
5 4
points may be acquired by barricading existing trees over 4 caliper inches. A tree
survey was not completed; therefore, an aerial photo of the site is shown below.
Though the applicant has stated that an effort will be made, this will not be enforceable
because there is no specified commitment. No public open space is being dedicated with
this proposal. The concept plan does incorporate a detention area for stormwater
management. No parkland dedication is required for commercial projects.
6. The development will not be detrimental to the public health, safety, welfare,
or materially injurious to properties or improvements in the vicinity: Staff
believes that the proposed development will be materially injurious to properties in the
vicinity, particularly to the residential properties within Southern Trace that abut the
subject property. It could have a negative impact on the resale value these homes and
cause an inconvenience to residents due to visibility of ambient site lighting from the
large fueling area, as well as noise pollution from the drive-thru order box and cars If
reduced setbacks are granted to this project and the Concept Plan is approved, the
development will be denser than would be allowed in a C-1 zoning district which should
be the more intense commercial district. If this request was for C-1 zoning, it would be
evident that the development should not be located next to single-family residential
uses.
7. The development will not adversely affect the safety and convenience of
vehicular bicycle, or pedestrian circulation in the vicinity, including traffic
reasonably expected to be generated by the proposed use and other uses
reasonably anticipated in the area considering existing zoning and land uses in
the area: Access to this site from W.D. Fitch Parkway has been denied by TxDOT which
causes the proposed Concept Plan to be unenforceable. The access point onto Wellborn
Road has not been permitted by TxDOT at this time. Since Wellborn Road has a speed
limit of greater than 40 MPH and the proposed development will generate more than 50
trips per the peak hour, the driveway to this development will require a right-turn
deceleration lane.
A property of 1.5 acres zoned C-1, which is what this development most resembles,
would not require a TIA. It would be estimated that the development would generate 75
trips per the peak hour according to the UDO trip generation table. However, a PDD
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must be examined by the Administrator for determination that a TIA is required. In this
case, the intensity of the development was scrutinized in a cursory transportation impact
analysis conducted by the Transportation Planner. It was determined that an estimated
631 trips in the peak hour would be generated by the proposed development. These
trips are broken down by land use and assigned trip generation values utilizing the
Institute of Transportation Trip Generation Report. The following information was
determined:
(1) 14 gasoline service positions = 219.1 trips per the peak hour
(2) Bank = 28.8 trips per the peak hour
(3) Restaurant 142.51 trips per the peak hour
(4) Retail/Convenience Store = 240.87 trips per the peak hour.
According to the Comprehensive Plan, both W.D. Fitch and Wellborn Road are currently
operating at a level of service A-B, and should not be affected by this development.
Wellborn is classified as a major arterial and is being widened to six lanes. The Concept
Plan does not reflect the widening of this right-of-way. W.D. Fitch Parkway is classified
as a freeway and is currently functioning as a divided four lane road. Wellborn and W.D.
Fitch can each carry up to 60,000 vehicles per day.
Pedestrian movement is not depicted on the plan; however, that item will be addressed
during the platting of this property. Bicycle movements were not addressed; however,
bicycle parking is required with all non-residential development.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Concept Plan
4. Draft Planning & Zoning Commission Minutes – September 3, 2009
5. Ordinance
98
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: September 3, 2009
Advertised Council Hearing Dates: September 24, 2009
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Southern Trace HOA
Property owner notices mailed: 12
Contacts in support: None at time of Staff Report
Contacts in opposition: None at time of Staff Report
Inquiry contacts: 2, One neutral contact from the Southern Trace HOA
requested that the speaker box for the drive-thru restaurant
be located away from residential property lines.
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Freeway/Expressway None W.D. Fitch Parkway
South General Suburban,
Growth Area IV
R-1, Single Family
Residential
Southern Trace
Subdivision
East Freeway/Expressway None W.D. Fitch Parkway
West 4- Lane Major Arterial None Wellborn Road
DEVELOPMENT HISTORY
Annexation: June 1995
Zoning: A-O, upon annexation
Final Plat: Unplatted
Site development: There are two residential structures on this property currently.
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September 3, 2009 P&Z Regular Meeting Minutes Page 1 of 3
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, September 3, 2009,
7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Paul Greer, Mike Ashfield, Scott
Shafer, Tom Woodfin, and Hugh Stearns
COMMISSIONERS ABSENT: Doug Slack
CITY COUNCIL MEMBERS PRESENT: Katy-Marie Lyles and Dennis Maloney
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Jason Schubert, Staff
Planner Matthew Hilgemeier, Graduate Civil Engineer Erika Bridges, Senior Assistant City
Engineer Carol Cotter, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe
Guerra, Planning Administrator Molly Hitchcock, Assistant Director Lance Simms, Director Bob
Cowell, First Assistant City Attorney Carla Robinson, Action Center Representative Kerry
Mullins, and Staff Assistant Brittany Caldwell
1. Call meeting to order.
Chairman John Nichols called the meeting to order at 7:05 p.m.
2. Hear Citizens.
None
Regular Agenda
6. Public hearing, presentation, possible action, and discussion regarding a Rezoning from
A-O Agricultural-Open to Planned Development District for 1.5 acres located at 13601
and 13679 FM 2154, generally located at the intersection of W.D. Fitch Parkway and
Wellborn Road. Case #09-00500161 (LH)
Lauren Hovde, Staff Planner, presented the Rezoning and recommend denial. She stated
that the applicant was requesting a variation to Section 5.4 Non-Residential Dimensional
Standards that require a front setback of 25’ for a commercial building. All three sides of
the triangular shaped property are shown with a 15’ setback. The second variation the
applicant is requesting is to Section 7.6 Buffer Requirements, which requires a bufferyard
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September 3, 2009 P&Z Regular Meeting Minutes Page 2 of 3
of 15’ and a wall to be constructed between commercial and residential uses. The
applicant is proposing a 6’ bufferyard, but is willing to increase the wall height. In
addition, the applicant would like to relocate required buffer plantings to the front of the
property so that they may be more visible. The third variation is to Section 7.1.H.2
Height-Single Family Protection, which requires a height limitation ratio of 2:1 when
commercial property abuts single family. She stated that the applicant was also
requesting two items that vary from a C-3 zoning district, which would be comparable for
Neighborhood Commercial. The first is from Section 6.3.G.7 which clarifies the Specific
Use Standards for fuel sales and limites the number of vehicles served simultaneously to
four. The second is from 6.3.Q.2 which prohibits the use of drive-thru restaurants.
Chairman Nichols opened the public hearing.
Ray Hanson, developer, stated that two dispensers is not marketable and he was
proposing 14 gasoline service positions. He also said that he believes there is still an
appeal process for access to the site from William D. Fitch Parkway, which was denied
by TxDOT.
Jackson Fulham stated that the proposed development is needed in the area for
convenience.
Oliver Bishop, 1400 Cordell, stated that he was representing the property owner. He said
that if the property is not rezoned it will be unsellable and will diminish the character. He
also said that the future of the property owner is dependent on the sale of the property.
Parviz Vessali, 110 Pershing, said that he tried to purchase the property for the same
purpose and Mr. Hanson was proposing the best use for the property. He said that the
property would lose its value if it is not rezoned.
Chairman Nichols closed the public hearing.
Commissioner Shafer stated that the intent was Neighborhood Retail, but he did not see
the relation. He also said that pedestrian connectivity was absent.
Mr. Hanson stated that he believes that TxDOT is putting in sidewalks on State Highway
40, but he was not positive. He said that he agreed to form a deceleration lane with
extensive curbs to make it safer for egress and ingress.
Commissioner Stearns stated the he was concerned about the significant impact that this
development would have on Junek’s.
Mr. Hanson said that the pumps at Junek’s had been eliminated and the property was for
sale.
Chairman Nichols stated that there are too many variances required for the development
to work and another development could fit on the property that is less intense.
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September 3, 2009 P&Z Regular Meeting Minutes Page 3 of 3
Commissioner Greer stated that he was concerned about the access to William D. Fitch
being denied by TxDOT.
Commissioner Stearns motioned to recommend denial of the Rezoning.
Commissioner Shafer seconded the motion, motion passed (6-0).
6. Adjourn.
Commissioner Greer motioned to adjourn the meeting. Commissioner Shafer
seconded the motion, motion passed (6-0).
Meeting adjourned at 9:15 p.m.
Approved:
____________________________________
John Nichols, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Brittany Caldwell, Staff Assistant
Planning and Development Services
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September 24, 2009
Regular Agenda Item No. 3
UDO Amendment – Outdoor Storage and Display
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending Chapter 12, “Unified Development Ordinance, Section 7.11.B
“Categories of Outdoor Storage and Display” of the Code of Ordinances of the City of
College Station, Texas regarding outdoor displays of merchandise in non-residential
districts.
Recommendation(s): The Planning and Zoning Commission considered this item at
their September 17th meeting and unanimously recommended approval of the amendment.
Staff recommended approval.
Summary: On July 9, 2009, the City Council directed the Planning & Development Services
staff to bring an ordinance forward updating the regulations used to determine the size and
location of outdoor display areas that retailers are permitted to have. The current ordinance
allows outdoor display areas of item actively for sale to be located in an area adjacent to a
principal building wall and extending to a distance no greater than five feet from the wall.
This amendment allows retailers the option to identify the location of outdoor display areas
during the site planning process and limits the allowable area to no more that 10% of the
floor area of the building or 2,500 square feet, whichever is less.
Budget & Financial Summary: N/A
Attachments:
1. Proposed ordinance amendment
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September 24, 2009
Regular Agenda Item No. 4
Unified Development Ordinance Amendment – Commercial Amusements
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
amendment to Chapter 12, “Unified Development Ordinance”, Section 6.2.C, “Use Table” of
the Code of Ordinances of the City of College Station, Texas related to types of uses
permitted in the C-3 Light Commercial zoning district.
Recommendation(s): The Planning & Zoning Commission considered this item at their
regular meeting on September 17, 2009 and recommended approval unanimously. Staff
recommended approval.
Summary: The proposed ordinance amendment would permit a Commercial Amusement to
be located in the C-3 zoning district with the approval of a Conditional Use Permit.
The Unified Development (UDO) defines a Commercial Amusement as:
any enterprise whose main purpose is to provide the general public with an amusing
or entertaining activity, where tickets are sold or fees collected at the gates of the
activity. Commercial amusements include zoos, carnivals, expositions, miniature
golf courses, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, ferris
wheels, children’s rides, roller coasters, skating rinks, ice rinks, traveling shows,
bowling alleys, indoor shooting ranges, and similar enterprises. Sexually-oriented
Businesses and Nightclubs are excluded from this definition.
According to the UDO, the C-3 Light Commercial zoning district is designed to provide
locations for commercial sites that are too small for many permitted uses in the C-1 General
Commercial District and are moderately low traffic generators that have little impact on
adjacent areas or on adjacent thoroughfares.
Commercial Amusements may be appropriate for some properties zoned C-3 but may not
be appropriate for others. For instance, outdoor activities may not be appropriate in close
proximity to single-family residential development because of potential noise or lights.
Permitting Commercial Amusements as a Conditional Use in the C-3 district allows the
Planning & Zoning Commission and the City Council the opportunity to evaluate the
proposed use in relation to existing conditions and surrounding uses in the area.
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
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