HomeMy WebLinkAbout09/11/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, September 11, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation of Historic Home Marker #83.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the
posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary.
This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks
to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to
conclude your remarks. The City Council will receive the information, ask staff to look into the
matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the
City Manager.
ON BEHALF OF THE CITIZENS OF COLLEGE STATION, HOME OF TEXAS A&M UNIVERSITY, WE WILL
CONTINUE TO PROMOTE AND ADVANCE THE COMMUNITY 'S QUALITY OF LIFE.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a
public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item.
Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will
recognize individuals who wish to come forward to speak for or against the item. The speaker will
state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2
minutes to signal thirty seconds remaining for remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial
or "housekeeping" items required by law. Items may be removed from the consent agenda by majority
vote of the Council.
a. Presentation, possible action, and discussion of minutes for City Council Workshop and Regular
Meetings August 28, 2008.
1
City Council Regular Meeting Page 2
Thursday, September 11, 2008
b. Presentation, possible action, and discussion regarding resolutions to be considered by the Texas
Municipal League.
c. Presentation, possible action and discussion on the award 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.
d. Presentation, possible action and discussion regarding a resolution to approve contract #08-284 in
an amount not to exceed $193,010.00 with Envirosolve, Inc. to provide Household Hazardous
Waste Collection Services.
e. Presentation, possible action, and discussion of a user agreement between Texas A&M University
and the City of College Station authorizing Texas A&M University to provide the University
Services Building parking lot area and ingress/egress roads on October 4, 2008 to the Brazos Valley
Solid Waste Management Agency for the fall Household Hazardous Waste & Computer Collection
event.
f. Presentation, possible action and discussion regarding award of bid #08-89 to Ergon Asphalt &
Emulsions to provide Emulsified Asphalt products for the maintenance of streets in an amount not
to exceed $478,104.00.
g. Presentation, possible action, and discussion on consideration of an ordinance amending Chapter
10, “Traffic Code,” creating an operational speed limit on F&B Road between FM 2818 and Turkey
Creek Road.
h. Presentation, possible action, and discussion on consideration of an ordinance amending Chapter
10, “Traffic Code,” which creates an operational speed limit on Old Wellborn Road.
i. Presentation, possible action and discussion on extending the bank depository agreement with
Citibank Texas, N.A. for one additional year.
j. Presentation, possible action, and discussion regarding acceptance of Bid Proposal from Bid # 08-
76 for construction of a new bathhouse at the Adamson Lagoon Swimming Pool, in the amount of
$1,141,179.
k. Presentation, possible action, and discussion regarding a Renewal Agreement for an Annual
Landscape Maintenance Service Contract for thirty-one (31) sites comprised of municipal buildings,
municipal sites, parks, and street medians to Green Teams, Inc. (d.b.a., The Greenery) for an annual
expenditure of $312,852.75.
l. Presentation, possible action, and discussion regarding a Change Order to an existing Landscape
Maintenance Service Contract with Green Teams, Inc. (d.b.a. The Greenery), in the amount of
$30,423.00, to add the annual landscape maintenance functions for Cove of Nantucket Park, Fire
Station #3B, Texas Avenue Phase II, and additional maintenance areas for W.D. Fitch Parkway.
m. Presentation, possible action, and discussion regarding a change order to Contract #07-273 in
the amount of $28,526.68 to JaCody, Inc. for construction work associated with Police Department
Renovations Project.
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City Council Regular Meeting Page 3
Thursday, September 11, 2008
n. Presentation, possible action and discussion regarding adoption of a resolution awarding contract
#08-277 for the College Park/Breezy Heights Rehabilitation Project to Brazos Valley Services in
the amount of $4,116,581.28.
o. Presentation, possible action, and discussion regarding the approval of a construction contract
(Contract #08-273) with Siemens Building Technologies Inc. in the amount of $104,471.45 for the
installation of access and security equipment at the College Station Police Department Building.
p. Presentation, possible action, and discussion on a Professional Services Contract with Kimley-
Horn and Associates, Inc. (KHA), in the amount of $87,000.00, for the engineering development
and implementation of a Roadway Impact Fee program.
q. Presentation, possible action, and discussion of the City Council’s 2008-2013 Strategic Plan.
r. Presentation, possible action, and discussion regarding contract for Third Party Claims
Administration with A S & G Claims Administration, Inc. for an annual expenditure of $52,000.
Anticipated workers compensation claims for FY09 are $401,000 and anticipated liability claims for
FY09 are $330,000.
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 the City of College Station
2008-2009 advertised ad valorem tax rate of $0.450000 per $100 valuation. Also discussion
and possible action on announcing the meeting date, time and place to adopt the tax rate.
2. Public hearing, presentation, possible action, and discussion on the City of College Station
2008-2009 proposed budget.
3
City Council Regular Meeting Page 4
Thursday, September 11, 2008
3. Public Hearing, possible action, and discussion on an ordinance Budget Amendment #3
amending ordinance number 2999 which will amend the budget for the 2007-2008 Fiscal Year
and authorizing amended expenditures in the amount of $11,061,623 and presentation, possible
action and discussion on several contingency transfers and an interfund loan.
4. Public Hearing, presentation, possible action, and discussion concerning approval to advertise
for construction bids for the Bike Loop project which includes pedestrian improvements to the
intersection of Longmire and Harvey Mitchell Parkway.
5. Public hearing, presentation, possible action and discussion concerning approval to advertise
for the William D. Fitch Pkwy Widening Phase II project construction bid.
6. Public hearing, Presentation, possible action, and discussion regarding an Amendment to
Resolutions Determining Need associated with the Rock Prairie Road East Widening, Design
and ROW Project.
7. Public hearing, presentation, possible action, and discussion on amendments to Chapter 12,
City of College Station Code of Ordinances, Unified Development Ordinance Article 2
Development Review Bodies, Article 3 Development Procedures, Section 4.1 Establishment
of Districts, Article 5 District Purpose Statements and Supplemental Standards, Article 10
Enforcement, and Section 11.2 Defined Terms as they relate to the creation of a Landmark
Commission and Historic Preservation Overlay District.
8. Public hearing, presentation, possible action and discussion on an ordinance rezoning 34.06
acres from A-O, Agricultural-Open to R-1, Single Family Residential (17.48) acres, R-3,
Townhouse (10.09 acres), and R-4, Multi-Family Residential (6.49 acres) located off Jones-
Butler Road and near Cain Road, adjacent to the Las Palomas Subdivision.
9. Presentation, possible action, and discussion regarding an ordinance approving an increase in
rates for Atmos Energy pursuant to the Rate Review Mechanism tariff approved earlier this
year.
10. Presentation, possible action, and discussion regarding a draft of the 2008 bond referendum
brochure.
11. 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 11, 2008 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.
4
City Council Regular Meeting Page 5
Thursday, September 11, 2008
Posted this 8th day of September, 2008 at 3:00 pm.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the
City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and
correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station,
Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the
general public at all times. Said Notice and Agenda were posted on September 8, 2008 at 3:00 pm 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 ________________, 2008.
By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2008.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-
3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are
broadcast live on Cable Access Channel 19.
5
September 11, 2008
Consent Agenda Item No. 2b
TML Resolutions
To: Glenn Brown, City Manager
From: Kathy Merrill, Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion regarding resolutions to
be considered by the Texas Municipal League.
Recommendation(s): Approve the resolution prepared by the Shelleys for submittal to the
Texas Municipal League Resolutions Committee.
Summary: Dan Shelley, College Station’s state legislative consultant, attended the
Council’s August 28 meeting to provide an update on expected legislative trends for the
2009 session. Mr. Shelley and Mrs. Rodriguez also received Council feedback on certain
issues as well as receiving input from the Council for resolutions to be submitted to the
Texas Municipal League from the City of College Station.
This item involves approving a Resolution regarding the funding of transportation projects.
The resolution was prepared by the Shelleys, and once approved by Council, will be
submitted for possible adoption at TML’s 2008 conference.
Budget & Financial Summary: N/A
Attachments:
1. The Resolution will be sent to Council prior to the meeting
6
September 11, 2008
Consent Agenda Item No. 2c
Annual Curb, Gutter & Flatwork Price Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, discussion and possible action on the award 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 award of Bid #08-84 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. Bids were received
from 5 (five) companies with the lowest bid submitted by Brazos Paving, Inc.
Brazos Paving $411,000.00
Acklam Construction $543,000.00
Myers Concrete Construction $552,000.00
Knife River $592,200.00
Brazos Valley Services $600,000.00
Budget & Financial Summary: Funding for this service comes from the operating
budgets for streets, drainage and utility maintenance.
Attachments:
1. Bid tabulation #08-84
2. Resolution
7
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8
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE ANNUAL CURB,
GUTTER & FLATWORK PRICE AGREEMENT PROJECT AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
Annual Curb, Gutter & Flatwork Price Agreement Project; and
WHEREAS, the selection of Brazos Paving Inc. is being recommended as the lowest
responsible bidder for the construction services related to Annual Curb, Gutter & Flatwork Price
Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that Brazos Paving Inc. is the lowest
responsible bidder.
PART 2: That the City Council hereby approves the contract with Brazos Paving
Inc. for $411,000.0 for the labor, materials and equipment required for the
improvements related to the Annual Curb, Gutter & Flatwork Price
Agreement Project.
PART 3: That the funding for this Contract shall be as budgeted from the Drainage
and Utility Funds, Drainage and Water Divisions, in the amount of
$411,000.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
City Attorney
9
NEW COVERSHEET FORMAT EXAMPLE 1
September 11, 2008
Consent Agenda Item No. 2d
Contract for Household Hazardous Waste Collection Services
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding a resolution to
approve contract #08-284 in an amount not to exceed $193,010.00 with Envirosolve, Inc.
to provide Household Hazardous Waste Collection Services.
Recommendation(s): Staff recommends approval of the contract.
Summary: This purchase is for collection and disposal services for household hazardous
waste. The Brazos Valley Solid Waste Management Agency (BVSWMA) in cooperation with
the City of Bryan and City of College Station Sanitation Division conducts a semi-annual
event at the TAMU University Services Building. These events (each spring and fall) allow
individual households in the Brazos Valley to bring their household hazardous wastes to the
Brazos Center free of charge. The contractor is responsible for disposing of these wastes in
accordance with all local, state, and federal environmental laws. The contractor is also
responsible for submitting to BVSWMA a detailed analysis of all the waste collected and the
disposal methods used.
Envirosolve, Inc. was the lowest of three responding bidders for Invitation to Bid #08-88,
which opened on August 18, 2008. This is an annual contract to supply BVSWMA with
collection, categorization, packaging, transportation, recycling and disposal services for
household hazardous waste. This 2008 contract #08-284 is in an amount not to exceed
$193,010.00 for two events. The 2007 contract amount was $179,474.00 and the actual
amount spent for the last two events was $145,980.19. BVSWMA will only be charged for
the actual amount of waste received, processed, and disposed of by the contractor.
Budget & Financial Summary: Funds are available and budgeted in the Brazos Valley
Solid Waste Management Agency Fund. As this contract is in excess of $50,000, it will
require the approval of the Bryan City Council.
Attachments:
1. HHW Collection Resolution
2. HHW Collection Bid Tabulation
10
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONTRACT FOR THE COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE AND AUTHORIZING THE EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the Collection of Household
Hazardous Waste; and
WHEREAS, the selection of Envirosolve, Inc. is being recommended as the lowest responsible
bidder for the services related to the Collection of Household Hazardous Waste ; now, therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council hereby finds that Envirosolve, Inc. is the lowest
responsible bidder.
PART 2: That the City Council hereby approves the contract with Envirosolve, Inc.
for $193,010.00 for the labor, materials and equipment required for the
Collection of Household Hazardous Waste.
PART 3: That the funding for these services shall be as budgeted from the Brazos
Valley Solid Waste Management Agency Account in the amount of
$193,010.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
CONNIE HOOKS, City Secretary BEN WHITE, Mayor
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
City Attorney
11
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12
September 11, 2008
Consent Agenda Item No. 2e
BVSWMA TAMU Household Hazardous Waste Collection Event User Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion of a user agreement
between Texas A&M University and the City of College Station authorizing Texas A&M
University to provide the University Services Building parking lot area and ingress/egress
roads on October 4, 2008 to the Brazos Valley Solid Waste Management Agency for the fall
Household Hazardous Waste & Computer Collection event.
Recommendation(s): Staff recommends approval of the user agreement authorizing
Texas A&M University to provide the University Services Building parking lot area, and
ingress/egress roads on October 4, 2008 to the Brazos Valley Solid Waste Management
Agency for the fall Household Hazardous Waste & Computer Collection Event.
Summary: The Brazos Valley Solid Waste Management Agency has a semi-annual regional
Household Hazardous Waste & Computer Collection Event for the safe disposal and recycling
of household hazardous waste. The Brazos Valley Solid Waste Management Agency has held
the past two events at the location, which provides a safe environment for the disposal of
hazardous waste at the University Services Building.
Budget & Financial Summary: None.
Attachments:
1. User Agreement
2. Location Map
13
Office of Facilities Coordination
August 28,2008
Shelia Davis McQueen
Prograni Coordi~iator
City of College Station
Public WorksIBVSWMA
Shelia,
The approvals from Texas A&M University for use of the University Services Building (USB) by
BVSWMA for the October 2008 Household Hazardous Waste Collection event have been finalized
and are included on the attached contract. Please note the need for City of College Station approvals
on the contract. Terms and conditions of the use remain basically the same as in the two previous
events. The one significant change is increasing the access window to include the Monday after the
weekend event. Please return the signed, f~~lly executed agreement to this office prior to the event.
Please let us know if we may be of further assistance.
Thank you.
Sincerely,
David A. ~orrisonl
Manager of Facilities Information
1001 General Services Complex
1 369TAM U
College Station, TX 77843-1 369
Tel. 979.845.8661
http://fcor.tamu.edu/
14
Site Use Agreement
This Site Use Agreement is entered into by and between Texas A&M University, a component of the Texas A&M
University System, an agency of the State of Texas ("University") and the City of College Station, a Home Rule
Municipal Corporation, on behalf of the Brazos Valley Solid Waste Management Agency ("BVSWMA").
Whereas, BVSWMA conducts, on a semi-annual basis, its Household Hazardous Waste and Computer Collection
Event ("Event") for the benefit of the citizens of Brazos and surrounding counties, and
Whereas, Texas A&M University System Policy 33.04 Use of System Property states, "No TAMUS employee shall
entrust state property to any state official or employee or to anyone else to be used for other than state purposes. . .",
and
Whereas, Texas A&M University Rule 41.05.02.Ml Space and Land Use Management states, "The President will
oversee the day-to-day management and maintenance of real property and improvements located on thecollege
Station Campus. The President delegates this authority for space assignment and land use to (1) Vice President for
Administration for non-academic unit space assignments and general land use...", and
Whereas, University agrees to grant BVSWMA the privilege of hosting Event on certain facilities of Texas A&M
University and University will provide parking area, ingress and egress to BVSWMA and the end users of the
Event. The facility is referred to by TAMU as the University Service Building, located at 3380 University Dr. East
and as further shown in the attached Exhibit A ("Site"),
Therefore, in consideration of the mutual premises, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the University and BVSWMA agree as follows:
1. The times and dates of access granted to BVSWMA begin at 8:00 a.m. on Friday, October 3,2008 and end
at 5:00 p.m. on Monday, October 6, 2008. The schedule for collection activities is 9:OOa.m. through 4:00
p.m. on October 4, 2008. Access is granted for Event set-up, Event and Event clean-up during the times
stated above.
2. BVSWMA will be solely responsible, at its sole cost and expense, for arranging personnel including, but
not limited to, hazardous waste collection contractors, employees volunteers and sufficient law
enforcement personnel to assist with traff~c control, and all equipment necessary for the conduct of Event.
3. BVSWMA will be responsible for applying herbicide and cleaning of access asphalt road from Site to
Harvey Rd. TAMU and BVSWMA will evaluate the asphalt road at the conclusion of the event to
determine if the level of traffic necessitates repair to the road. In the event repairs are needed, BVSWMA
and University will enter into a separate written agreement to establish the terms and conditions for such
repairs.
4. BVSWMA will be responsible for Event advertising, Event set up, including all coordination with and
direction of contractors, employees, volunteers at the Site, conduct of the Event, including the installation
of electronic traffic signs and hiring of sufficient law enforcement personnel to assist with traffic
flowldirection, and all Event clean up activities.
5. BVSWMA will be solely responsible for cleaning all debris, refuse or any waste produced as a result of
event and shall return University's premises to original condition as found prior to BVSWMA use of
premises. Should University incur any costs or otherwise be obligated to clean or restore the area to its
original condition, BVSWMA shall reimburse University for all such costs upon receipt of invoice from
University.
BVSWMA 191 04 (2)
15
6. SUBJECT TO THE LIMITATION AS TO DAMAGES IN THE TEXAS TORT CLAIMS ACT,
BVSWMA WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS UNIVERSITY AND ANY OF ITS
COMPONENTS, OFFICERS OR EMPLOYEES FROM ANY CLAIM, DEMAND OR SUIT
WHATSOEVER, WHETHER BASED UPON PERSONAL INJLRY, INCLUDING DEATH, OR
PROPERTY DAMAGE, OR OTHERWISE, WHICH RELATES IN ANY WAY TO THE USE OF
UNIVERSITY PROPERTY BY BVSWMA FOR THE EVENT AS SET FORTH HEREIN CAUSED BY
THE BVSWMA'S NEGLIGENCE. BY ENTERING INTO THIS AGREEMENT, NEITHER THE CITY
NOR BVSWMA CONSENT TO SUIT OR WAIVE THEIR RESPECTIVE GOVERNMENTAL
IMMUNITY.
7. BVSWMA will be responsible for assuring BVSWMA employees and guests are made aware of and
comply with appropriate University rules and regulations and shall be held responsible for their conduct
while occupying University property.
8. BVSWMA, as host of the event, is responsible for defraying all costs associated with the Event either
through sponsorship or direct payment with BVSWMA funds.
9. It is understood that this Agreement contains the entire agreement between the parties and supersedes any
and all prior agreements, arrangements, diagrams or understandings between the parties relating to the
subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this
Agreement exist.
IN WITNESS OF THIS AGREEMENT, BVSWMA and University, through their duly appointed agents, have
executed this Agreement in duplicate originals.
EXECUTED this the day of ,2008 by University and BVSWMA.
CITY OF COLLEGE STATION (BVSWMA)
Terry Pankratz Ben White
Vice President and Chief Financial Officer May or
ATTEST:
City Secretary
APPROVED:
City Manager
University Contracts Officer I
City Attorney
Chief Financial Officer
BVSWMA 19104 (2)
16
0 150 300 Household Hazardous Waste Traffic Control Plan ~~~t
17
VETERANS PARKVETERANS PARK
BRAZOS VALLEY PHYSICIANSBRAZOS VALLEY PHYSICIANS
H a r v e y R d
U n i v e r s i t y D r E
Do m i n i k Dr
C o p p e r f i e l d D r
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18
September 11, 2008
Consent Agenda Item No. 2f
Emulsified Asphalt Price Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, discussion and possible action regarding award of
bid #08-89 to Ergon Asphalt & Emulsions to provide Emulsified Asphalt products for
the maintenance of streets in an amount not to exceed $478,104.00.
Recommendation(s): Staff recommends approval of the bid award for one year
to Ergon Asphalt & Emulsions.
Summary: Ergon Asphalt & Emulsions submitted the only acceptable of two bids
for each of three options for a new blanket purchase agreement to provide Emulsified
Asphalt for the maintenance of streets in the City. The recommended bid amount
from Ergon Asphalt & Emulsions is $478,104.00 (140,000 gallons maximum).
Cleveland Asphalt submitted the second bid in the amount of $425,338.00 but “does
not guarantee prices” and also added an additional demurrage charge. The cost per
gallon of HFRS delivered for the annual bid has increased 100.16% (from $1.60 per
gallon to $3.45) in one year due to the increased cost of asphaltic cement products.
The contract supports maintenance operations in the Street Maintenance Division.
Budget & Financial Summary: Funding is available in the operating budget of
the Street Maintenance Division.
Attachments: Tabulation of Bid 08-89
19
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September 11, 2008
Consent Agenda Item No. 2g
F&B Road Speed Zone
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance amending Chapter 10, “Traffic Code,” which creates an operational speed limit on
F&B Road between FM 2818 and Turkey Creek Road.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: There is currently no posted speed limit on this section of roadway. Local
streets with no posted speed limit have a 30 mph speed limit. In response to citizen
requests staff initiated the process of setting a speed limit. In July, a speed study was
conducted on F&B Road between FM 2818 and Turkey Creek Road. The Texas Manual on
Uniform Traffic Control Devices stipulates that the speed limit for a roadway be based on
the 85th percentile speed, which is the speed that 85 percent of the vehicles are traveling at
or below. At the conclusion of the study, the 85th percentile speed of the roadway was
determined to be 40 mph.
Budget & Financial Summary: The “Speed Limit” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Map
21
O/group/legal/ordinance/amendmentform.doc
ORDINANCE NO. ___________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN
SECTIONS AS SET OUT BELOW; ESTABLISING A SPEED LIMIT OF 40 MPH ALONG A
PORTION OF F&B ROAD NEAR ITS INTERSECTION WITH FM 2818 TO ITS
INTERSECTION OF TURKEY CREEK ROAD; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 10, “Traffic Code”, of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than
Two Hundred Dollars ($200.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this _________ day of ____________________, 2008.
APPROVED:
_________________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
22
ORDINANCE NO.__________________ Page 2
c\p:\group\agen-cal\for legal review\in review\09-11-08\speed limit - f&b road\ordinance.doc
9/2/08
EXHIBIT “A”
That Chapter 10, “Traffic Code”, Section 3.E(2)(i), of the Code of Ordinances of the City of
College Station, Texas, is hereby amended, by modifying paragraph (7), as set out hereafter to read
as follows:
“(7) F&B Road, for traffic moving east and west, the speed limit shall be 40 mph from the
intersection of FM 2818 and F&B Road to the intersection of Turkey Creek Road and F&B
Road.”
23
24
September 11, 2008
Consent Agenda Item No. 2h
Old Wellborn Road Speed Zone
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance amending Chapter 10, “Traffic Code,” which creates an operational speed limit on
Old Wellborn Road.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: There is currently no posted speed limit on this section of roadway. Local
streets with no posted speed limit have a 30 mph speed limit. In response to citizen
requests staff initiated the process of setting a speed limit. In July, a speed study was
conducted on Old Wellborn Road. The Texas Manual on Uniform Traffic Control Devices
stipulates that the speed limit for a roadway be based on the 85th percentile speed, which is
the speed that 85 percent of the vehicles are traveling at or below. At the conclusion of the
study, the 85th percentile speed of the roadway was determined to be 45 mph.
Budget & Financial Summary: The “Speed Limit” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Map
25
O/group/legal/ordinance/amendmentform.doc
ORDINANCE NO. ________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN
SECTIONS AS SET OUT BELOW; ESTABLISHING A SPEED LIMIT OF 45 MPH FOR
VEHICULAR TRAFFIC ALONG A PORTION OF WELLBORN ROAD NEAR ITS MOST
NORTHERLY END TO ITS INTERSECTION WITH GRAHAM ROAD; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 10, “Traffic Code”, of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than
Two Hundred Dollars ($200.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this _________ day of ____________________, 2008.
APPROVED:
_________________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
26
ORDINANCE NO.__________________ Page 2
c\p:\group\agen-cal\for legal review\in review\09-11-08\speed limit - old wellborn road\ordinance.doc
9/2/08
EXHIBIT “A”
That Chapter 10, “Traffic Code”, Section 3.E(2)(i), of the Code of Ordinances of the City of
College Station, Texas, is hereby amended, by adding paragraph (60), as set out hereafter to read as
follows:
“(60) Old Wellborn Road, for traffic moving north and south, the speed limit shall be 45 mph
beginning at its most northern end and ending at its intersection with North Graham Road.”
27
Proposed speed limit of 45 mph
Proposed Speed Limit on Old Wellborn Road
C a i n R o a d
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Welsh Avenue
28
September 11, 2008
Consent Agenda Item No. 2i
Bank Depository Agreement Extension
To: Glen Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Discussion and possible action on extending the bank depository
agreement with Citibank Texas, N.A. for one additional year.
Recommendation(s): Staff recommends approval of the one-year renewal.
Summary: The current bank depository agreement with Citibank expires on September 30,
2008. On November 22, 2005, the Council selected Citibank as the City's depository bank.
The depository agreement was for three (3) years with an option for two (2) one-year
renewals under the same terms and conditions and upon mutual consent of both parties.
Staff requests a one-year renewal to expire on September 30, 2009.
Budget & Financial Summary: The annual cost for the services provided by Citibank is
not expected to exceed $45,000 annually. The expenditure for banking services is budgeted
in the General Fund. The interest rate on the account is the 91-day treasury rate plus 50
basis points.
Attachments:
1. Depository Contract Extension, Commercial Banking Services
29
AGREEMENT TO EXTEND THE DEPOSITORY
CONTRACT BETWEEN THE CITY OF COLLEGE STATION, TEXAS
AND CITIBANK TEXAS, N.A.
WHEREAS, the City of College Station, Texas entered into a Depository Contract (the "Contract")
with Citibank Texas, N.A., on November 22,2005; and
WHEREAS, the tern of the Contract expires on September 30,2008; and
WHEREAS, the terms of the Contract permit the parties to extend, by written agreement, the
Contract up to two (2) additional terms with each term not to exceed one (1) year; and
WHEREAS, the Contract provides that the original terms and conditions will apply to any extension;
and
WHEREAS, the City of College Station, Texas and Citibank Texas, N.A., desire to extend the
Contract for one (1) additional term to expire on September 30,2009; now, therefore,
FOR AND IN CONSIDERATION of the recitations above and the covenants
expressed herein below, the parties agree to the following:
A. Citibank Texas, N.A., Depository, located at 11 11 Briarcrest, Bryan, Texas 77802, Brazos
County, State of Texas, and the City of College Station agree to extend the Contract for an
additional one (1) yearterrn from October 1,2008, to September 30,2009, (the "one [1] year
extension").
B. The parties agree that the original terms and conditions of the Contract will apply to the one
(1 ) year extension.
C. The parties agree that the rate(s) set under the original Contract will apply to the one (1) year
extension.
EXECUTED this the day of ,2008.
CITIBANK TEXAS, N.A.,
BRYAN, TEXAS CITY OF COLLEGE STATION, TEXAS
BY:
Mayor
1
PcIGROUPMGEN-CALlFor Legal RevieHVn Revieiv\O8-2&08\Ci1ibank Depository RenewaYCiribank- Depository- Renewal 2008.doc
30
ATTEST:
City Secretary
APPROVED:
Citv Manager I
City Attorney
Chief Financial Officer
THE STATE OF TEXAS )
1 ACKNOWLEDGMENT
COLMTY OF BRAZOS )
This instrument was acknowledged before
-AMUMK)RD w-~6u
wbnlber 30,2010
THE STATE OF TEXAS )
1 ACKNOWLEDGMENT
COLMTY OF BRAZOS )
This instrument was acknowledged before me on this the - day of A
2008, by as Mayor of the CITY OF COLLEGE STATION, a
Texas Home-Rule Municipal Corporation, on its behalf
Notary Public in and for the State of Texas
2
P:\GROUPMGEN-CAL\For Legal Revieifln ReviewlO8-28-08ICitibank Depository Rene~vaYCitibank - Depository- Renewal 2008.doc
31
September 11, 2008
Consent Agenda Item No. 2j
Adamson Lagoon Swimming Pool Bathhouse
Replacement Project
To: Glenn Brown, City Manager
From: David Schmitz, Assistant Director of Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding acceptance of
Bid Proposal from Bid # 08-76, to JaCody, Inc., in the amount of $1,141,179, for
construction of a new bathhouse at the Adamson Lagoon Swimming Pool.
Recommendation(s): Staff recommends approval of bid to the low bidder, JaCody,
Inc., for the construction of a new bathhouse at Adamson Lagoon Swimming Pool, including
the base bid and all alternates, in the amount of $1,141,179.
Summary: This project is for the demolition of the existing bathhouse and construction of
a new bathhouse at the Adamson Lagoon Swimming Pool, located in Bee Creek Park. The
scope of the project includes the demolition of the existing bathhouse, site preparation, a
structural slab, general construction, plumbing, electrical, gas, mechanical work,
landscaping and irrigation. On August 11, 2008, three bids were received in response to Bid
#08-76. The low bidder was JaCody, Inc., in the amount of $1,141,179 (base bid of
$1,023,464 plus all alternates in the amount of $117,715).
History on this project is that bids were first solicited in October 2007. At that time, the bids
exceeded the budgeted project amount ($900,000 available vs. $ 1,059,650 low base bid),
and were rejected. The project scope was revised, and the building size reduced from
5,400sf to 3,958sf. This revised scope is the current project that bids were solicited for.
In order to move forward with the project and avoid further price increases, staff is
recommending accepting the low bid and adjusting the budgeted amount for the project.
The budget adjustment will come from the CO debt issued for the Thomas Swimming Pool
Bathhouse Replacement Project that is currently in design. A revised project scope and
additional replacement monies for the Thomas Swimming Pool Bathhouse will be sought
during the FY09 budget year. The Thomas Swimming Pool Bathhouse Construction project
will be postponed for now.
Budget & Financial Summary: Funds in the amount of $1,030,000 are budgeted for the
Adamson Pool Bath House project in the Parks and Recreation Capital Improvement Projects
Fund. Design fees for the project total $90,000. Asbestos abatement, advertising,
Accessibility Access Inspection, and a project sign are additional expenses estimated at
$10,000. This will leave a balance of approximately $930,000. The difference between this
amount and the low bid of $1,141,179 is $211,179. The CO debt issued for the Thomas Pool
Bathhouse Replacement Project is $333,000. $33,000 of these funds have been expended
or committed for design. It is proposed that a portion of the remaining funds be used to
cover the shortfall on the Adamson Pool Bath House project. The full budget for the Thomas
Park Pool Bath House project has not yet been appropriated and the remaining
appropriation, in the amount of $300,000 will be included on the upcoming FY08 budget
amendment, after which point, a portion of the appropriation will be transferred to the
Adamson Swimming Pool Bathhouse Replacement Project. Note: The CO debt language is
such that the monies can be spent on either or both of these projects.
Attachments: 1) Resolution
2) Bid Tabulation #08-76
3) Location Map
32
9/5/2008
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE ADAMSON
LAGOON SWIMMING POOL BATHHOUSE REPLACEMENT PROJECT AND
AUTHORIZING THE EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited proposals for the Adamson Lagoon
Swimming Pool Bathhouse Replacement Project; and
WHEREAS, the selection of JaCody, Inc., is being recommended as the lowest responsible
bidder for the services related to the Adamson Lagoon Swimming Pool Bathhouse Replacement
Project; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that JaCody, Inc., is the lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with JaCody, Inc., for the Base Bid
with Alternate Bids 1, 2, 3, 4 and 5 for a total of $1,141,179.00 for the labor, materials,
and equipment required for the Adamson Lagoon Swimming Pool Bathhouse
Replacement Project.
PART 3: That the funding for this Contract shall be as budgeted from the Parks Capital
Improvement Projects Fund in the amount of $1,141,179.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
33
ADAMSON POOL BATH HOUSE REPLACEMENT
BID TABULATION 08-76
PARKS RECREATION
Description Unit Price Unit Price Unit Price
The amount for the complete construction of A New Building for Adamson
Lagoon, for the City of College Station, Including all general, plumbing,
mechanical, and electrical work indicated on the Drawings. $1,023,464.00 $1,122,900.00 $1,142,000.00
Alternates
The amount for the purchase and installation of concession griddle and
exhaust hood as described in both the drawings and specifications.$12,547.00 $15,600.00 $14,400.00
The amount for the complete purchase and installation of interior cabinets
and horizontal er blins at indicated rooms as descibed in both the drawings
and specifications.$66,100.00 $42,800.00 $35,000.00
The amount for the complete purchase and installation of rolling shutters at
windows as described in both the drawings and specifications.$7,707.00 $8,600.00 $6,440.00
The amount for the complete purchase and installation of tile in the toliet,
shower, and dressing areas as described in both the drawings and
specifications.$24,852.00 $16,300.00 $20,400.00
The amount for the complete purchase and installation of rolling service door
as described in both the drawings and specifications.$6,509.00 $6,500.00 $6,650.00
OTHER ADDITIONS TO THE WORK/UNIT PRICES
Drilled Piers Per Lineal Foot $20.00 $7.00 $9.00
Lime Stabilized Subgrade Per Square Yard $6.30 $6.00 $6.75
Cement Stabilized Subgrade Per Square Yard $7.50 $6.00 $6.75
1-1/2" Gas Line Per Linear Foot $12.00 $5.00 $5.50
Base Bid $1,023,464.00 $1,122,900.00 $1,142,000.00
Alternate 1 $12,547.00 $15,600.00 $14,400.00
Alternate 2 $66,100.00 $42,800.00 $35,000.00
Alternate 3 $7,707.00 $8,600.00 $6,440.00
Alternate 4 $24,852.00 $16,300.00 $20,400.00
Alternate 5 $6,509.00 $6,500.00 $6,650.00
Base Bid plus Alternates 1 thru 5 $1,141,179.00 $1,212,700.00 $1,224,890.00
Bid Certification Yes Yes Yes
Total Calendar Days to Substantial Completion 240 240 210
Bid Bond Yes Yes Yes
Addendums Acknowledged 1 1 1
Dudley Construction,
Inc.
Unit Price No. 1
Unit Price No. 2
Base Bid No.1
JaCody, Inc.Bryan Construction
Company
Unit Price No. 3
Unit Price No. 4
Alternate No. 1
Alternate No. 2
Alternate No. 3
Alternate No. 4
Alternate No. 5
Page 134
35
September 11, 2008
Consent Agenda Item No. 2k
Renewal of a Landscape Maintenance Service Contract
For Thirty-One (31) Municipal Sites
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a Renewal Agreement for an
Annual Landscape Maintenance Service Contract for thirty-one (31) sites comprised of municipal buildings,
municipal sites, parks, and street medians to Green Teams, Inc. (d.b.a., The Greenery) for an annual
expenditure of $312,852.75.
Recommendation(s): Staff recommends renewing the existing Landscape Maintenance Service Contract
in the amount of $312,852.75.
Summary: Green Teams, Inc. was the lowest responsible bidder on Bid #06-121 in July 2006. The bid
amount of $297,463.00 was for all materials, machinery, equipment, supervision and labor necessary to
commence and complete normal turf, ornamental plantings, and irrigation system maintenance operations
for thirty-one (31) locations throughout the City. The original term of the contract was October 1, 2006
through September 30, 2007. This Renewal Agreement will cover operations from October 1, 2008 through
September 30, 2009. This is the second of two allowed renewals specified in the contract.
The Renewal Agreement includes following existing Change Orders: Change Order #1 added two lots on
Georgia Street. Change Order #2 added the Providence Church Historical site. Change Order #3 deletes
the F.M. 2818/F.M. 60 site and the Georgia Street lots. Change Orders 1, 2 and 3 were approved by the City
Manager and/or Department Director. With these existing Change Orders, the total number of sites under
this contract remains at 31. Finally, the vendor has requested a 5% increase in pricing, which is allowed by
the contract. No price increase was requested with the first renewal period. Locations covered by this
contract include:
1. Arts Council 11. G. Bush Dr. Medians 21. Providence Church Site
2. Business Center 12. G. Bush Dr. East 22. Public Works
3. Castlegate Parks 13. Greens Prairie Medians 23. Rock Prairie Medians
4. City Hall/Community Dev. 14. Hereford/Winding Median 24. Tarrow Medians
5. Fire Station #1 15. Krenek Tap Crossing 25. Texas Avenue Phase I
6. Fire Station #2 16. Library 26. Unity Plaza
7. Fire Station #3 17. Municipal Court 27. University Dr. Medians
8. Fire Station #5 18. Northgate Garage 28. Utility Customer Service
9. FM 2818 Crepe Myrtles 19. Northgate Promenade 29. Utility Service Center
10. Freeman Tract 20. Police Dept-Cy Miller Park 30. WPC Park
31. WPC Trails
Original Base Bid $297,463.00
Change Order #1: $780.00
Change Order #2: $2,312.00
Change Order #3: ($2,600.00)
5% increase with renewal: $14,897.75
Total $312,852.75
Budget & Financial Summary: Funding for the thirty-one (31) sites included in this Renewal
Agreement has been included in the proposed FY 08-09 Budget in the General Fund - Parks and Recreation
Department; Hotel Occupancy Tax Fund - Parks and Recreation Department; and the Electric Fund - Public
Utilities Department.
Attachments:
1. Renewal Agreement Form
36
37
38
September 11, 2008
Consent Agenda Item No. 2l
Change Order #4 on an Existing
Landscape Maintenance Service Contract
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a Change Order to an
existing Landscape Maintenance Service Contract with Green Teams, Inc. (d.b.a. The Greenery),
in the amount of $30,423.00, to add the annual landscape maintenance functions for Cove of
Nantucket Park, Fire Station #3B, Texas Avenue Phase II, and additional maintenance areas for
W.D. Fitch Parkway.
Recommendation(s): Staff recommends approving Change Order #4, in the amount of
$30,423.00.
Summary: Green Teams, Inc. is the current service provider for the annual landscape
maintenance functions on thirty-one (31) municipal sites. Change Order #4 will add three sites
and additional maintenance functions for a current site to this existing contract. The new sites
include Cove of Nantucket Park, Fire Station #3B, and Texas Avenue Phase II. Additional mow,
trim, and clean-up functions will be added to the existing W.D. Fitch Parkway site. Contract
#06-261 requires that Change Orders greater than $25,000.00 must be approved by the City
Council.
Budget & Financial Summary: Funding for the sites included in Change Order #4 has been
included in the proposed FY 08-09 Budget in the General Fund - Parks and Recreation
Department.
Original Base Bid: $297,463.00
Change Order #1: $780.00
Change Order #2: $2,312.00
Change Order #3: ($2,600.00)
5% increase with renewal: $14,897.75
Current contract amount as
of 9/11/2008 renewal: $312,852.75
Change Order #4: $30,423.00
New contract amount: $343,275.75
Change Order #4, in the amount of $30,423.00, is a 9.724% increase over the current contract
amount of $312,852.75, as renewed on September 11, 2008, that included Change Orders 1, 2,
and 3.
Attachments:
1. Change Order Form
39
40
September 11, 2008
Consent Agenda Item No. 2m
Project Number GG0402
Change Order No. 4 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 $28,526.68 to JaCody, Inc. for construction work
associated with Police Department Renovations Project.
Recommendation(s): Staff recommends approval of this item.
Summary: The renovations of the Police Department will be completed in 5 separate
phases. During the demolition portion of the third phase of construction, demolition of an
existing wall revealed a four (4) inch diameter electrical conduit that had not been noted on
existing plans of the building. Examination of the conduit by the architect, contractor and
City staff yielded the conclusion that the conduit could not be moved or removed from the
location it occupied. This required the architect to redesign the third phase of the project.
The contractor is seeking a change in material quantities and contract time associated with
the redesign of the third phase of the project.
Work on the building exterior has revealed the need for additional quantities of conduit
for exterior electrical connections and a different transfer switch for the new emergency
generators than was originally specified in the architect’s plans. Additionally, the contractor
has offered to fill the generators with diesel fuel and the City’s purchasing
Department has given them the appropriate tax free paperwork information to do so.
Additionally, as prior phases have become occupied needs have been found in those
areas including replacing thermostats that were not removed with the renovations for better
environmental controls, replacing vent grilles in the men’s and women’s restrooms that
remained in place but are having functional conflicts due to the new ceiling heights and the
need to add more secure door access features to closets that will be used for storing
sensitive Police hardware.
Budget & Financial Summary: Funds are budgeted and available in the General
Government Capital Projects Fund as part of the Police Department Renovations Project.
The current project budget is $3,686,000.00. Funds in the amount of $2,863,572.08 have
been expended or committed to date. In addition, a construction contract in the amount of
$104,471.45 is pending Council approval, which would leave a balance of $717,956.47.
Attachments:
1. Change Order No. 4
41
- -~
P.O.# 080210 PROJECT: Police Department Renovations, Project No. GG0402 .............. ............. :. ..... . : : ........... .............. .......................... ...................... :.:::::.: :::::_:.: .: ....... :.:.:.::.:.. : :.:::.:.. ... ..................... :.:.:.:.:.:.:..: ..:::..... ......... : ......:. ....................
OWNER: CONTRACTOR:
City of College Station
P 0. Box 9960
JaCody, Inc.
11070 SH 30 Suite 400 Ph: 1979) 774-5613 .........
College Station, Texas 77842 ~olle~~~tation TX 77840 ax. (979) 774-5693
PURPOSE OF THIS CHANGE ORDER:
A. Phase lll~edesiqn: Demolition of the second floor of the Police Department, as part of the on going renovations project, yielded the discovery of
a previously unknown four (4) inch electrical conduit in one of the existing walls. The planned renovation would have placed this conduit, which could not
be relocated, in the middle of the proposed office space. This required the architect and the contractor to work together to redesign the third phase of the
renovat~ons without costing a loss of significant time to the construction activities. While reviewing the Phase Ill design elements during the redesign,
concerns were raised by P.D. staff about the lack of a slip proof surface on the northeast stairwell, a highly traveled area by staff members. The concern
was that on rainy days the amount of water brought into to this area would cause a slipping risk. The solution arrived at is to install of rubbertreading
underfoot (Item 45G). The redesign of Phase Ill changes the functionality of a few areas due to space and room size changes while adding some
additional space. Items 45H. 451,45J, and 45K represent the need to change the electrical plan due to the redesign by adding electrical receptacles,
two television receptacles, relocating electrical receptacles and additional emergency power receptacles. An additional forty-six feet of wall
are to be added as part of the redesign (Item 45M), three additional doors and door frames (Item 45N) and one double door and frame (Item 450) are planned to be added
Also, an interior double acting door near the northeast comer of Phase Ill with transom frames and sides is to be added to the design to prevent noise
from other work areas from crossing over into administrative office areas (Item 45E).
B. Exterior Work: Work on the exterior of the P.D. building includes relocating a storage shed that was adjacent to the existing generator area to the eastern
fence line. In order to maintain power to this storage shed, it has been discovered that the planned electrical hook ups will require a new pull box and some
additional conduit. (Item 45D). Review of the transfer switch planned for the new generator enclosure has revealed that an N3 style enclosure will be the
preferred and recommended type as opposed to the planned N1 enclosure for the switch (Item 45F). The installation of the new generators requires low
sulfur diesel fuel to be purchased. The contractor has offered to purchase and fill the generators and the City's purchasing department has given them the
appropriate tax free paper work to do so. Item 45L will allow for the contractor to do so and provide full generator tanks upon installation.
C. Additional Work in Previous Phases: With Police staff inhabiting previously competed phases some new items have been brought to the attention
of P.D. administrative staff. The first is the failure of the existing thermostats (which were left in place) to function properly with the new environmental system.
Replacing these thermostats with new pneumatic thermostats will allow staff to be able to have a much improved control over the settings of the office area
environmental systems (Item 45A). In addition to the thermostats, restroom grilles will be replaced to improve environmental system function (Item 45B).
The grilles, located in the men's and women's restrooms, which remained in place, are not functioning properly with the raised ceilings. New grilles will solve this
mechanical problem (Item 458). Also, due to the materials and equipment to be kept certain office and closet space, to be in accordance with
the security key plan, doors 24 & 65 will require the instllation of rim panics and core cylinder housing. (Item 45C).
ID. Additional Time: The contractor has requested additional time due to the Phase Ill redesign. They have requested seven (7) days for wall redesign and
additional wall placement and construction. The contractor has also requested twenty-three (23) days for redesigning the electrical plan and layout for Phase Ill due to
the need to wait on the redesign and order additional material that is not on hand and that was not on original plans due to the redesign caused by the
discovery of the four (4) inch electrical conduit.
,TEM UNFT ORIGINAL REVISED ADDED
NO UNIT .- DESCRETION - PRICE QUANTlTY -QUANTITY
-0°C I,. I
COST
n I 7 I *JL". I0 I I I I " QL,LO, .J. .,----.., 8,-..,:,..,:-.. P- ille in Restroom 1 $1,806.65 1 O I I $1.806.6! . U-,.-:..- <-- n,.... ?A o cr I -4 1-9 m I n I CI 177 ZI
Replo~olllcln vr;llllldlguII -- -
45C I EA IR m Pan~cs &Core Cyl.noel , luUDlllY lul YUuIJ LLt I
I l lnstallatlon ot pull box and extension ot cond, t to fence llne tor
ORIGINAL CONTRACT AMOUNT
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
REVISED CONTRACT AMOUNT
$2,247.634.00
$3,645.35 0.16% CHANGE
$23,957.64 1.07% CHANGE
$4,238.90 0.19% CHANGE
$28,526.68 1.27% CHANGE
$2,308,002.57 2.69% TOTAL CHANGE
ORIGINAL CONTRACT TIME
Time Extension No. 1
Revised Contract Time
270 Days
30 Days
300 Days
1 SUBSTANTIAL COMPLETION DATE 22-Oct-08
/> -.&ate CHIEF E
CONTRACTOR Date C1 TORNEY " Date ' Y
MAYOR Date
CITY SECRETARY Date
CITY MANAGER Date
42
September 11, 2008
Consent Agenda Item No. 2n
College Park/Breezy Heights Rehabilitation Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Improvement Department
Agenda Caption: Presentation, possible action and discussion regarding adoption of a
resolution awarding contract #08-277 for the College Park/Breezy Heights Rehabilitation
Project to Brazos Valley Services in the amount of $4,116,581.28.
Recommendation(s): Staff recommends Council adopt this resolution.
Summary: The College Park/Breezy Heights Rehabilitation Project provides for the
construction and rehabilitation of water, waster water, drainage and street surface
infrastructure in the Southside area of College Station. The project area is bounded by
George Bush Drive, West Dexter, Hereford St, Holleman Dr., Fairview Ave, Eleanor St, and
Montclair Ave. During the design phase, staff developed an extensive neighborhood
engagement process to ensure feedback and comments from the community were included
in the design, including a tree preservation plan.
Budget & Financial Summary: Bid #08-85 resulted in two bids being received for the
opportunity to provide construction services for the College Park/Breezy Heights
Rehabilitation Project. Examination of the base bids in conjunction with the alternate and
additive bids found that funds were budgeted and available to include Alternate Bids
1,2,4,5,6,7,8,9,10,11,12,13,14,15 and Additive Bids 1,2,3,4,5,6. These items were then
calculated into the bid amount to arrive the total amount of expenditures for the contract to
be issued to the contractor. A summary of the bid results is provided below:
Bidder Base Bid Amount
With Alternates and
Additives
Brazos Valley Services $3,858,830.98 $4,116,581.28
Knife River $4,043,260.20 $4,360,141.30
This project is a component of the ongoing Southside Rehabilitation projects. The total
budget for the project is $5,851,545.00. $1,640,000.00 is budgeted in the Water Capital
Improvement Projects Fund and $1,305,000.00 is budgeted in the Wastewater Capital
Improvement Projects Fund for replacement of water and wastewater lines. $2,463,020.00
is budgeted in the Streets Capital Projects Fund. $443,525.00 is budgeted in the Drainage
Capital Improvements Projects Fund. $262,341.70 of the Streets Capital funds have been
expended or committed to date, leaving a balance of $2,200,678.29 for the construction of
the sidewalks and rehabilitation of the streets. $33,600.00 of the Drainage Capital Funds
have been expended or committed to date, leaving a balance of $409,925.00 for the
construction of drainage improvements. $109,537.57 of the Water Capital Improvements
funds have been expended or committed to date, leaving a balance of $1,530,462.43 for
the construction and rehabilitation of water infrastructure. $113,934.14 of the Wastewater
Capital Improvement funds have been expended or committed to date, leaving a balance of
$1,191,065.86 for the construction and rehabilitation of wastewater infrastructure.
Attachments:
1.) Resolution
2.) Bid #08-85 Bid Tab – Available in the City Secretary’s Office
3.) Project Location Map
43
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College Park/Breezy Heights Rehabilitation
Project Location Map
79
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE COLLEGE PARK
BREEZY HEIGHTS REHABILITATION PROJECT AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
College Park/Breezy Heights Rehabilitation Project; and
WHEREAS, the selection of Brazos Valley Services is being recommended as the lowest
responsible bidder for the construction services related to the College Park/Breezy Heights
Rehabilitation Project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that Brazos Valley Services is the lowest
responsible bidder.
PART 2: That the City Council hereby approves the contract with Brazos Valley Services
for the Base Bid with Alternate Bids 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15
and Additive Bids 1, 2, 3, 4, 5 and 6 in the total amount of $4,116,581.28 for the
labor, materials and equipment required for the improvements related the College
Park/Breezy Heights Rehabilitation Project.
PART 3: That the funding for this Contract shall be as budgeted from the Streets Capital
Fund, Public Works Division, in the amount of $1,531,588.28, from the Drainage
Capital Fund, Public Works Division, in the amount of $200,000.00, from the
Water Capital Improvements Fund, Utilities Division, in the amount of
$1,372,815.00 and from the Wastewater Capital Improvements Fund, Utilities
Division, in the amount of $1,012,178.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
80
September 11, 2008
Consent Agenda Item No. 2o
Project No. GG0402
Installation of Access and Security Equipment at the
College Station Police Department
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
a construction contract (Contract #08-273) with Siemens Building Technologies Inc. in the
amount of $104,471.45 for the installation of access and security equipment at the College
Station Police Department Building.
Recommendation(s): Staff recommends award of the contract to Siemens Building
Technologies, Inc. for $104,471.45.
Summary: This contract is for the installation of access and security equipment at the
College Station Police Department Building. This purchase will be made utilizing the Texas
Building and Procurement Commissions Catalog Information Systems Vendor list (C.I.S.V.).
Purchases made from the State CISV program satisfy our requirement for competitive
bidding. Purchasing this access/security system follows the management team decision to
standardize the cities access/security systems.
The security improvements at the Police Department Building will include door access
devices, audio and video surveillance for the interior of the building, and video surveillance
for the exterior of the building. This is work is part of the planned programming being done
as a part of current Police Department Renovations Project.
Budget & Financial Summary: Funds are budgeted and available through the General
Government Capital Fund as part of the Police Department Renovations Project. The current
project budget is $3,686,000.00. Funds in the amount of $2,863,572.08 have been
expended or committed to date, leaving a balance of $822,427.92.
Attachments:
1. Resolution
81
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE POLICE
DEPARTMENT RENOVATIONS PROJECT AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, desires to contract for the installation of access
and security equipment as part of the College Station Police Department Renovations Project;
and
WHEREAS, Siemens Building Technologies, Inc. is being recommended as the contractor
selected for the installation of access and security equipment as part of the Police Department
Renovations Project; and
WHEREAS, this selection is made through the Texas Building and Procurement Commissions
Catalog Information Systems Vendor List which satisfies the City’s competitive bidding
requirements; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby selects Siemens Building Technologies, Inc.
through the Texas Building and Procurement Commissions Catalog
Information Systems Vendor List.
PART 2: That the City Council hereby approves the contract with Siemens Building
Technologies, Inc. for $104,471.45 for the labor, materials and equipment
required for the installation of access and security equipment related the
Police Department Renovations Project.
PART 3: That the funding for this Contract shall be as budgeted from the General
Government Capital Fund in the amount of $104,471.45.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt City Attorney
82
September 11, 2008
Consent Agenda Item No. 2p
Roadway Impact Fees Professional Services Contract
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Kimley-Horn and Associates, Inc. (KHA), in the amount of $87,000.00, for the
engineering development and implementation of a Roadway Impact Fee program.
Recommendation(s): Staff recommends approval of the Professional Services Contract
between the City of College Station and KHA.
SUMMARY: At the June 12, 2008 Council Workshop Meeting, City Council directed staff to
proceed to get a consultant under contract to begin preparations for a Roadway Impact Fee.
Staff has since negotiated the attached Professional Services Contract and associated Scope
of Services with KHA. Under this proposed contract, KHA would provide the associated
engineering and professional services for Council to ultimately consider an ordinance to
implement Roadway Impact Fees. The Scope of Services also includes a number of
meetings with City staff, City Council, City committees, and stakeholders.
This effort is intended to dovetail with the Comprehensive Plan Update and specifically the
Land Use Plan and Thoroughfare Plan updates. The Comprehensive Plan Update is
projected to be adopted in Spring 2009, so ordinances(s) for Roadway Impact Fees should
follow shortly after that.
Budget & Financial Summary: As a professional services contract, this project is
exempt from Texas competitive bidding requirements, LGC 252.022 (a)(4). KHA was
selected for this project as an extension of the Master Agreement for Transportation
Services Contract and the Thoroughfare Plan with the Comprehensive Plan Update Contract.
Funds for this item were not included in the FY08 Approved Budget. The proposed Budget
Amendment will appropriate funds in the amount of $87,000 for the study. $30,000 of this
appropriation will come from General Fund contingency and will be appropriated to the
Public Works Engineering budget and $57,000 will be appropriated in the Streets Capital
Improvement Projects budget.
Attachments:
1. Contract
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September 11, 2008
Consent Agenda Item No. 2q
Council Strategic Plan
To: Glenn Brown, City Manager
From: City Manager’s Office
Agenda Caption: Presentation, possible action, and discussion of the City Council’s
2008-2013 Strategic Plan.
Recommendation(s): Adopt the 2008-2013 City Council Strategic Plan as modified by
Council discussion during the retreat.
Summary: The Council Strategic Plan presented with this item is being brought forward as
a result of City Council discussion during their Strategic Planning Retreat. The revised
Council Strategic Plan contains a few additions to the document adopted last year and these
changes are based on the input received by the Council at their July retreat. The main
additions to the plan are the inclusion of Neighborhood Integrity and Green College Station
as strategic issues. The document also now includes a Council Vision Statement Summary
as well as City Management Priorities.
Proposed additions and changes to the policy are underlined.
Budget & Financial Summary: None.
Attachments:
1. 2008-2013 Council Strategic Plan
113
Draft August 2008 Page 1
CITY OF COLLEGE STATION
Strategic Plan 2008-2013
In College Station, we strive to set the bar. We conduct daily business as a City aiming
to provide our citizens with the best quality of life possible. The City Council and City
staff work hard to ensure that we are moving in a direction that is best for the overall
character and betterment of our community based on the voices and opinions of those
living in College Station. A highly qualified workforce, an extremely engaged citizenry
and a set of focused goals are the cornerstones of what make this a successful
community.
As a rapidly growing city, we recognize the importance of neighborhood integrity as
well as responsible growth in our communities. We focus on forward thinking policies
that retain the integrity and standard of service to which our citizens have become
accustomed. Efforts made to Green College Station and constructing a new City Hall are
endeavors this City pursues in order to reach the next level.
The Strategic Plan is a collaboration of the City Council and the numerous City
departments working together to create a cohesive forward direction for College Station
in the upcoming years. Updates were made to the plan as a result of the City Council’s
annual strategic planning retreat. In addition to adding the two new strategic issues of
Neighborhood Integrity and Green College Station, other policy goals and direction are
interspersed throughout the document.
Following, you will find an outline for the goals and practices we have set to achieve in
the near future so that each citizen may enjoy a greater quality of life than ever before.
Mission Statement
ON BEHALF OF THE CITIZENS OF COLLEGE STATION, HOME OF TEXAS A&M
UNIVERSITY, WE WILL CONTINUE TO PROMOTE AND ADVANCE THE
COMMUNITY'S QUALITY OF LIFE.
114
Draft August 2008 Page 2
CITY OF COLLEGE STATION
Community Vision Statement
College Station, the proud home of Texas A&M University and the heart of
the Brazos Valley, will be a vibrant, progressive, knowledge-based
community which promotes the highest quality of life by …
Ø ensuring safe, tranquil, clean, and healthy neighborhoods with enduring
character;
Ø increasing and maintaining the mobility of College Station citizens through a
well planned and constructed inter-modal transportation system;
Ø expecting sensitive development and management of the built and natural
environment;
Ø supporting well planned, quality and sustainable growth;
Ø valuing and protecting our cultural and historical community resources;
Ø developing and maintaining quality cost-effective community facilities,
infrastructure and services which ensure our city is cohesive and well connected;
and
Ø pro-actively creating and maintaining economic and educational opportunities
for all citizens.
College Station will remain among the friendliest and most responsive of
communities and a demonstrated partner in maintaining and enhancing all that
is good and celebrated in the Brazos Valley. It will forever be a place where
Texas and the world come to learn.
115
Draft August 2008 Page 3
STRATEGIC PLAN
City of College Station Core Values
To promote:
• The health, safety, and general well being of the community
• Excellence in customer service
• Fiscal responsibility
• Involvement and participation of the citizenry
• Collaboration and cooperation
• Regionalism: be active member of the Brazos Valley community
and beyond
• Activities that promote municipal empowerment
Organizational Values
• Respect everyone
• Deliver excellent service
• Risk, Create, Innovate
• Be one city, one team
• Be personally responsible
• Do the right thing – act with integrity and honesty
• Have fun
Using the community vision, mission statement, and values as a spring board,
the College Station City Council has set the strategic direction for the city
government through development of ten Strategic Issues and supporting Policy
Initiatives. The Strategic Plan focuses organizational resources and identifies
those intentional actions to be undertaken by city government to achieve the
desired outcomes.
116
Draft August 2008 Page 4
STRATEGIC PLAN
Citywide Safety & Security
Safety and security of College Station citizens is imperative. We want to ensure all
citizens and visitors to the community feel safe while enjoying the quality of life offered
by College Station.
_______________________________________________________________________
Policy Initiatives
§ Invest in our public safety infrastructure to provide consistent and high quality
public safety services
§ Benchmark our public safety services with other similar communities to ensure we
are setting the pace at a national level
Effective Communications
Effective two-way communications with both internal and external audiences is
essential to the continued success of the many programs and services offered by the
City of College Station. Utilizing a variety of media and technology, we will strive to
market our services, communicate our mission and values, engage our citizens in the
decisions of city government while telling the College Station story to our elected
officials, employees, citizens, community partners, and others nationwide.
_____________________________________________________________________________
Policy Initiatives
§ Implement a communication strategy which continually informs our citizens about
the city government
§ Market the City of College Station as a superior service provider
§ Cultivate citizen trust by fostering and practicing open, accountable and responsible
government
§ Interact with appointed committees to ensure the City Council’s vision and
expectations are known and adhered to when discussing policy
117
Draft August 2008 Page 5
STRATEGIC PLAN
Growing Sustainable Revenue Sources
Balanced with Needs
The ability of College Station to finance quality services, meet demands of growing our
infrastructure and provide for the quality of life quotient for the community, requires
fiscal soundness and growing our revenue sources. We will adhere to sound business
practices which obtain true value for dollars spent, diversify our revenue sources
through identification of innovative revenue strategies, and implement financial
policies which protect city resources.
_____________________________________________________________________________
Policy Initiatives
§ Develop innovative income strategies to diversify and strengthen income base
§ Re-evaluate and update financial policies to ensure they continually meet our needs
as a city government
§ Improve business practices to ensure we achieve the best value for dollars invested
Destination Place to Live and Work
We want College Station to be a destination city which attracts visitors, residents,
businesses, and investment. In promoting and maintaining a high quality of life, we
want to be a community which provides diverse opportunities for work, entertainment,
livable neighborhoods, and business development. We want College Station to be
among the best cool places to live in the United States.
_______________________________________________________________________
Policy Initiatives
§ Invest in infrastructure and programs that create a sense of place for College Station
citizens
§ Identify and invest in those programs and activities that promote College Station as a
cool place to live, work , and play
118
Draft August 2008 Page 6
STRATEGIC PLAN
Exceptional Multi-modal Mobility
The rapid growth of College Station is impacting our ability to provide an efficient
public and private transportation network to ensure mobility and safety to our citizens.
Development of an efficient multi-modal transportation system is needed to promote a
healthy local economy and support the community’s quality of life.
_____________________________________________________________________________
Policy Initiatives
§ Develop a transportation plan that supports the development of College Station in
regard to its land use and transportation needs
§ Implement our transportation plan to improve our overall transportation network
and support development of the community
§ Improve operational efficiency of our existing transportation network
§ Implement state of the art transportation management programs and systems
§ Lobby for state and federal transportation funds to continually improve our
transportation systems
Sustainable Quality City Workforce
Our employees are our most valued asset. We want to ensure the City of College
Station work environment is exceptional while encouraging innovation and creativity.
We want to be able to attract the best and brightest and retain highly competent
individuals who serve the citizens of College Station.
_____________________________________________________________________________
Policy Initiatives
§ Create a work environment that attracts and retains quality employees
119
Draft August 2008 Page 7
STRATEGIC PLAN
Exceptional Infrastructure and Core Services
Our core mission is the delivery of exceptional services to our citizens. Our
infrastructure is the backbone of our service delivery system and we will continually
make prudent investments to grow and maintain all infrastructure to support our
delivery of services. We will expect our core services to be to of the highest quality. We
expect our services to our customer to be focused, timely and cost effective.
_____________________________________________________________________________
Policy Initiatives
§ Ensure our infrastructure is well maintained and expands to meet the needs of our
citizens and various city services
§ Provide core city services that are customer focused, cost effective and of the highest
quality
Diverse Growing Economy
We want to promote through effective policies and programs the continued growth and
diversification of our economy. We will provide leadership to encourage the
diversification of our economy while actively collaborating with our community
partners to produce economic benefit to all citizens.
_____________________________________________________________________________
Policy Initiatives
§ Develop and implement specific plans to enhance and diversify our tax base
§ Develop and implement plans which promote redevelopment of strategic areas of
College Station
§ Seek economic development opportunities and partnerships which position College
Station as a national center for bio-technology
§ Enhance tourism with the development of needed infrastructure to support the
tourism segment of our economy
120
Draft August 2008 Page 8
STRATEGIC PLAN
Neighborhood Integrity
Neighborhoods are the basic building blocks of our city. Neighborhoods are where we
live, raise our families, and socialize with our friends and neighbors. In many ways our
city is only as strong and sustainable as our neighborhoods. Our challenge is to
welcome the increasing number of students while retaining the strength and vitality of
our neighborhoods.
_____________________________________________________________________________
Policy Initiatives
§ Promote comprehensive planning and management of growth
§ Ensure College Station remains a highly livable city driven by quality of life
§ Improve the capacity of neighborhoods to deal with planning and quality of life
issues
§ Orient service delivery toward neighborhoods
§ Enhance the City’s enforcement tools to better address the rental market
§ Educate key stakeholders and the community
§ Promote the development of sustainable neighborhoods that address the needs of
various population groups
121
Draft August 2008 Page 9
STRATEGIC PLAN
Green College Station
Sustainability and resource conservation has become a constant on the local
government landscape. There is a clear case to be made for sustainability and
conservation of resources in College Station. Our emphasis on the quality of life for the
community demands that we aggressively work towards creating a culture in the
community which embraces sustainability as its mantra.
_______________________________________________________________________
Policy Initiatives
§ Include renewable green energy in a portion of our purchased power while reducing
the overall energy consumption
§ Reduce our overall per capita water consumption
§ Develop mechanisms to reuse water in the community
§ Reduce the overall volume of waste generated in the community while developing
environmentally sound and economically feasible means to dispose of waste
§ Develop specific strategies to promote efficient use of our land while protecting our
natural resources
§ Promote open and green space as a prominent component of our community
character
§ Inventory global warming emissions in the City operations as well as in the
community and set realistic reduction targets
122
Draft August 2008 Page 10
STRATEGIC PLAN
City of College Station
Council Vision Statement Summary 2008-2009
Ø Continue development of Neighborhood Integrity Strategy
Ø Encourage neighborhood development targeted for students
Ø Analyze financial long term stability of the city - making
growth pay for itself
Ø Promote strong intergenerational parks
Ø Define opportunities for improved business and industrial
growth
Ø Continue building foundation for Green College Station
Initiative
Ø Convention Center: Future direction
Ø Improve overall political health within city government and
promote communication between various stakeholders
Ø City Hall/ City Center: Goal, Strategy, Actions
Ø Evaluate alternative transportation options and address
transportation issues
Ø Increased interaction with appointed committees to ensure
the Council’s vision and expectations are known
Ø Secure infrastructure for the next 20+ years
Ø Create an accessible wireless system
Ø Improve hike and bike trails
123
Draft August 2008 Page 11
STRATEGIC PLAN
City of College Station
City Management Priorities 2008-2009
Ø Fill vacant upper management positions
Ø Green College Station initiatives
Ø Successful completion of 2008 bond issue
Ø Comprehensive Plan Update
Ø Capital Improvement Projects progress
Ø Address City Hall needs
Ø Make Hotel Convention Center a reality
Ø Complete overhaul of Neighborhood Services structure
Ø Complete Police Management Review and HR Classification
Study
Ø Continue to identify ways to motivate and re-energize staff
Ø Seek creative ways to fund City government and new
initiatives
124
September 11, 2008
Consent Agenda Item 2r
Third Party Claims Administration
To: Glenn Brown, City Manager
From: Kathy Merrill, Asst. City Manager
Agenda Caption: Presentation, possible action, and discussion regarding contract for
Third Party Claims Administration with A S & G Claims Administration, Inc. for an annual
expenditure of $52,000. Anticipated workers compensation claims for FY09 are $401,000
and anticipated liability claims for FY09 are $330,000.
Recommendation(s): The Cities of Bryan and College Station issued a joint request for
proposals for third-party claims administration. Ten responsive proposals were received and
reviewed. Staff recommends approval of the contract with A S & G Claims Administration,
Inc. for the City’s third-party claims administration, and authorization to pay up to
$731,000 for anticipated workers compensation and liability claims.
Summary: The City of College Station is self-insured, which requires the services of claims
adjustment on all workers compensation claims and significant liability claims. A S & G
Claims Administration, Inc. has provided excellent customer service while continuing to
assist the City in reducing the costs of claims administration. This contract is effective
October 1, 2008, and provides for four (4) one-year renewals.
Budget & Financial Summary: Funds are available in the FY09 budget in the Property
Casualty Fund and the Workers Compensation Fund. Expenditures for claims administration
are increased $2000, or .04 percent over FY08.
Attachments: Contract for third-party claims administration is available in the City
Secretary’s Office.
125
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONTRACT FOR THIRD PARTY CLAIMS ADMINISTRATION
AND AUTHORIZING THE EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, and the City of Bryan, Texas, solicited proposals for a
contract for Third Party Claims Administration of Workers Compensation and selected property
casualty liability claims; and
WHEREAS, the selection of A S & G Claims Administration, Inc. is recommended as the proposal of
best value for services related to third-party claims administration; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the City Council hereby finds that A S & G Claims Administration, Inc. submitted the
proposal with the best value.
PART 2: That the City Council hereby approves the contract with A S & G Claims Administration,
Inc. for $52,000 for workers compensation and selected property casualty liability claims
administration.
PART 3: That the City Council authorizes $52,000 for claims administration, and $731,000 for
workers compensation claims and property casualty liability claims.
PART 4: That the funding for this Project shall be as budgeted from the Property Casualty budget in
the amount of $330,000, and the Workers Compensation budget in the amount of $401,000
for claims, and $52,000 for claims administration.
PART 5: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
City Attorney
126
September 11, 2008
Regular Agenda Item No. 1
Public Hearing #1 for FY 09 Ad Valorem Tax Rate
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public hearing, presentation, possible action and discussion on the City
of College Station 2008-2009 advertised ad valorem tax rate of $0.450000 per $100
valuation. Also discussion and possible action on announcing the meeting date, time and
place to adopt the tax rate.
Recommendation(s): Hold public hearing and receive citizen input on the tax rate.
Summary: The Texas Property Tax Code requires that if an entity wishes to increase tax
revenues over the effective tax rate then that entity must call and hold two public hearings
on the proposed tax rate. Following each public hearing the City Council must announce the
meeting date, time and place to adopt the tax rate.
The tax rate that the City Council announced it would hold a public hearing on is $0.450000
per $100 assessed valuation. Holding the public hearing on this tax rate provides the City
Council with flexibility in determining what the tax rate will be.
The notice of this public hearing was placed in the Eagle, as well as on the City's internet
site, and the City's television channel.
The second public hearing on the tax rate is scheduled for Wednesday September 17th.
The City Council will vote on the tax rate on Thursday September 25.
Budgetary and Financial Summary: The public hearing tax rate of $0.450000 per $100
assessed valuation will generate $22,608,694 in taxes. The property taxes are used to fund
the general debt service of the City as well as a portion of the operations and maintenance
costs of the General Fund.
Attachments: N/A
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September 11, 2008
Regular Agenda Item No. 2
Public Hearing for FY 08- 09 Proposed Budget
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public hearing, presentation, possible action, and discussion on the
City of College Station 2008-2009 proposed budget.
Recommendation(s): Hold public hearing on proposed budget and receive citizen input.
Summary: The City Charter requires that the City Council call and hold a public hearing on
the proposed budget; and that after such public hearing, the Council may insert or decrease
items so long as the total of any increases and insertions do not increase the total budget
by more than 3%.
The proposed budget was presented to the City Council on August 18, 2008. Four budget
workshops were scheduled to review the proposed budgets. The four workshops were held
on August 20th, August 21st, September 3rd, and September 4th.
On August 18, 2008, the City Council called a public hearing on the FY 08-09 Proposed
Budget. A notice announcing the public hearing was published in accordance with City
Charter and State Law requirements.
The FY 2008-2009 Budget is scheduled to be adopted on September 25, 2008.
Budgetary and Financial Summary: The following is an overall summary of the proposed
budget.
Subtotal Operation and Maintenance: $196,555,178
Subtotal Capital: 45,649,073
Total Proposed Budget: $242,204,251
Attachments: Please bring Proposed FY 08-09 Budget.
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September 11, 2008
Regular Agenda Item No. 3
Public Hearing and Consideration of Budget Amendment #3
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public Hearing, possible action, and discussion on an ordinance
Budget Amendment #3 amending ordinance number 2999 which will amend the
budget for the 2007-2008 Fiscal Year and authorizing amended expenditures in the
amount of $11,061,623 and presentation, possible action and discussion on several
contingency transfers and an interfund loan.
Recommendation(s): Staff recommends the City Council hold the public hearing
on Budget Amendment #3, and approve the budget amendment ordinance. Staff
recommends the City Council approve the budget transfers.
Summary: The proposed budget amendment is to increase the appropriations for
the items listed below by $11,061,623. In addition, several General Fund
contingency transfer items are included below. Contingency transfers do not increase
or decrease the overall budget. Rather, the contingency transfers shift resources
within a fund. Contingency transfers greater than $15,000 require Council approval
and are therefore included as part of this Budget Amendment documentation. Finally,
interfund loans also require Council approval and are therefore also included as part
of this Budget Amendment documentation.
Budget & Financial Summary: The City has resources or can reasonably expect
resources to cover each of the appropriations in this budget amendment. Budget
transfers do not affect the overall budget within a fund, they shift resources within
the fund.
Attachments:
1. Budget Amendment #3 Detail List, Budget transfer detail list
2. Ordinance
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Fiscal Year 2007-2008 Budget Amendment #3, Contingency Transfer
and Interfund Loan Detail Listing
The proposed budget amendment is to increase the appropriations for the items listed below by $11,061,623. In
addition, several General Fund contingency transfer items are included below. Contingency transfers do not increase
or decrease the overall budget. Rather, the contingency transfers shift resources within a fund. Contingency
transfers greater than $15,000 require Council approval and are therefore included as part of this Budget Amendment
documentation. Finally, interfund loans also require Council approval and are therefore also included as part of this
Budget Amendment documentation.
1. Wellborn Road/Harvey Mitchell Parkway Landscape AFA: $382,054 (Budget Amendment)
On August 18, 2008, Council approved an AFA with TxDOT in the amount of $382,054.00 for landscape and
hardscape improvements to be included in the vicinity of Wellborn Road and Harvey Mitchell Parkway. These
improvements will coincide with the grade separation at this interchange. Funds for this AFA were not included in
the FY08 Capital Projects budget, but are available Streets Capital Improvement Project Fund balance.
2. Wellborn Road Landscape AFA – FM 2818 to Highway 40: $3,875 (Budget Amendment)
On April 10, 2008, Council approved an AFA with TxDOT in the amount of $92,984 to install, as part of the
Wellborn Road Widening project, landscape and hardscape improvements on Wellborn Road from just south of
2818 to just south of State Highway 40. The appropriation for this AFA was included on FY08 Budget
Amendment #2. TxDOT has received bids on the project, and the estimate for the City’s share of the project is
now $96,859. This item will appropriate the additional budget needed for the project. These funds are available in
the Streets Capital Improvement Project Fund balance.
3. Thomas/Adamson Pool Bath Houses: $300,000 (Budget Amendment)
The project budget for the Thomas Pool Bath House is $333,000. Design, in the amount of $33,000, was
originally planned and budgeted for FY08 and construction, in the amount of $300,000, was planned for FY09.
The FY09 funds have not yet been budgeted. The construction bids on the Adamson Pool Bath House were
recently received and are over the budget of that project. It is being proposed that a portion of the budget for the
Thomas Pool Bath House be used for the Adamson Pool Bath House project. This will result in the need for
additional funding on the Thomas Pool Bath House project, and will likely result in the delay of the Thomas Pool
Bath House construction. This item will appropriate the remaining budget to the Thomas Pool Bath House
project, a portion of which will then be transferred to the Adamson Pool Bath House project. Funding for these
projects is from Certificates of Obligation issued in FY08 and these funds are available in the Parks Capital
Improvement Projects Fund. The CO debt language was written in such a way that the funds can be used for
either or both of these projects.
4. Zone 2 Parkland – University Park: $31,468 (Budget Amendment)
On August 18, 2008 Council approved a change order on the construction contract for University Park,
Edelweiss Park and Woodland Hills Park. Funds for the portion of the change order applicable to University Park
are available in the Parkland Dedication Zone 2 Fund balance, but are not budgeted. This item will appropriate
the funds for this project in the Zone 2 Parkland Dedication Fund.
5. Memorial Cemetery: $640,000 (Budget Amendment)
On March 27, 2008, Council approved a contract for the construction of the Memorial Cemetery.
It is anticipated that an additional funds in the amount of approximately $640,000 will be needed to complete the
Memorial Cemetery project. This amount was not included in the original budget and is for items such the
Construction Inspector (approved by Council on August 6, 2008), change orders, staff time, easement acquisition
and material testing. It is anticipated that funds generated by the Memorial Cemetery lot sales will be used to
fund the additional anticipated expenses. However, if sufficient funds are not generated to support the additional
expenses, additional Certificates of Obligation may be issued. This item will appropriate the additional funds for
the project in the General Government Capital Improvement Projects Fund.
6. Eisenhower Land Purchase: $73,000 (Budget Amendment)
On August 18, 2008, Council approved a real estate contract in the amount of $70,000 for the purchase of real
estate needed for the future extension of Eisenhower Street. The purchase price of the property is $70,000.
Closing costs and associated expenses are estimated at $3,000. This item will appropriate the budget for the
land purchase. These funds are available in the Streets Capital Improvement Project Fund balance.
7. Purchased Power: $3,044,000 (Budget Amendment)
This item will appropriate funds for the unanticipated increase in the cost of purchased power. The increase in
the purchased power costs is due primarily to increased usage by customers and increases due to usage will be
offset by revenue received. These funds are available in the Electric Fund balance.
130
8. Channel 19 Improvements – $45,843 (Budget Amendment)
The Communications Department Staff requests the remaining EG fee receipts to improve CSTV-19 operations
and support programming identified in the Communications Plan. Funds will be used purchase new equipment
and supplies for the Channel 19 studio. $45,843 has been received into project GG0407 and is available in the
General Fund balance.
9. Replacement of Police Patrol Car - $27,175 (Budget Amendment)
This item is for the replacement of a police patrol vehicle that was totaled in a one-vehicle crash on May 14,
2008. The total amount approved for replacement of the vehicle is $27,175 of which the Equipment Replacement
Fund will contribute $12,000; the Property Casualty Fund will contribute $14,425 and the Police Department will
contribute the $750 deductible. All of the necessary funds are available in the designated fund balances. This
item will appropriate the funds in the Equipment Replacement Fund for the replacement of the Police Patrol Car.
In addition, as transfers between funds require Council approval, the item will provide for this approval.
10. Convention Center Land Purchase: Convention Center Fund: $1,710,000; Hotel Tax Fund: $2,510,000;
Total: $4,220,000 (Budget Amendment)
This item will appropriate funds for the costs of a land purchase associated with a new Convention Center.
These funds are available in the Hotel Tax Fund balance. The funds will be transferred from the Hotel Tax Fund
to the Convention Center Fund for expenditure.
11. Red Light Camera Fund Expenses - $35,000 (Budget Amendment)
Staff from departments including Public Works, Finance, Municipal Court and the Police Department has spent
time in the administration of the red light camera program. This time has been tracked as part of a project, but
the salary and benefit expenses have occurred out of the General Fund. This item will appropriate funds in the
Red Light Camera Fund for City staff time and expenses involved with administration of the red light camera
program. These funds will be transferred from the Red Light Camera Fund to the General Fund to reimburse for
expenses related to the program.
12. Legal Fees: $70,000 (Budget Amendment)
This item is for the appropriation of funds in the amount of $70,000 for the estimated legal expenses associated
with the litigation with the City of Bryan pertaining to BVSWMA. These funds will be budgeted in the General
Fund and are available in the General Fund balance.
13. Economic Development Land Purchase: $1,332,208 Economic Development Fund and $200,000 General
Fund (Budget Amendments); $200,000 (General Fund Contingency Transfer); $600,000 (Interfund Loans)
On July 10, 2008, Council approved the purchase of land in the Northgate area for Economic Development
purposes. $400,000 for the land purchase is from the General Fund balance and $332,208 is from the Economic
Development Fund balance. In addition, interfund loans in the amount of $200,000 each ($600,000 total) from
the Water, Wastewater and Electric funds will fund the balance of the purchase. The interfund loans will be
repaid to the Utilities over a period of five years at $40,000 per year per Utility. This item will appropriate funds in
the amount of $1,332,208 in the Economic Development Fund for the purchase of the land. $400,000 of these
funds will be transferred from the General Fund to the Economic Development Fund. $200,000 will come from
General Fund contingency and $200,000 is available in the General Fund balance. As contingency transfers
greater than $15,000 must be approved by Council, this item will provide for approval of the contingency transfer.
Finally, the item will provide for approval of the interfund loans from the Water, Wastewater and Electric Utilities
as described above.
14. Roadway Impact Fee Study – $57,000 (Budget Amendment); $30,000 (General Fund Contingency
Transfer)
This item will appropriate funds for a roadway impact fee study as directed by Council. The goal of the study is
for the consultant to lead in the development and implementation of a Roadway Impact Fee policy for the City of
College Station. Funds for this item were not included in the FY08 Approved Budget. This item will appropriate
funds in the amount of $87,000 for the study. $30,000 of this appropriation will come from General Fund
contingency and will be appropriated to the Public Works Engineering budget. As contingency transfers greater
than $15,000 must be approved by Council, this item will provide for approval of the contingency transfer. The
additional $57,000 will be appropriated in the Streets Capital Improvement Projects budget and is available in the
Streets Capital Improvement Projects fund balance.
15. Lodging Expenses for the Police Chiefs – $24,083 (General Fund Contingency Transfer)
The Police department is requesting funds to cover the lodging expenses for the interim and new Police Chiefs.
The Police department has been able to use savings in other areas to cover costs associated with the interim
Police Chief as well as a majority of expenses related to the new Police Chief’s benefits package. The $24,083
will cover the ninety days of lodging allowed for both Chief Whitmire and Chief Ikner per their respective
131
contracts. Lodging expenses related to Chief Whitmire total $13,690 and $10,393 for Chief Ikner. Funds for this
appropriation are available in General Fund contingency. Per fiscal policy, contingency transfers greater than
$15,000 must be approved by Council, this item will provide for approval of the contingency transfer.
16. Internal Auditor Moving Expenses – $15,162 (General Fund Contingency Transfer)
The Internal Auditor Division is requesting a general contingency transfer in the amount of $15,162 to cover the
contractual benefits package for the Internal Auditor. As a result of this division being budgeted for one
individual, there are no areas of savings. Costs associated with this transfer include moving expenses, ninety
days of lodging and two house hunting allowances as detailed in the contract. These expenses were not included
in the original budget for the Internal Auditor. Funds for this appropriation are available in General Fund
contingency. As contingency transfers greater than $15,000 must be approved by Council, this item will provide
for approval of the contingency transfer.
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133
September 11, 2008
Regular Agenda Item No. 4
Bike Loop-Longmire Drive Pedestrian Improvements
Project Final Design Presentation
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, presentation, possible action, and discussion
concerning approval to advertise for construction bids for the Bike Loop project which
includes pedestrian improvements to the intersection of Longmire and Harvey Mitchell
Parkway.
Recommendation(s): Staff recommends proceeding with advertisement for the
construction bid of the Longmire intersection improvements, bicycle lanes, and Bee Creek
bridge.
Summary: The Bike Loop Project includes bicycle lanes on Longmire, Longmire Drive-FM
2818 intersection improvements, a pedestrian bridge across Bee Creek, and completion of
the third and final phase of the College Station Bike Loop project. Staff recommends
bidding the Bike Loop around Bee Creek Park project separately at a later date and
proceeding forward at this time with the bid for the Longmire intersection improvements,
bike lanes along Longmire, and the bridge across Bee Creek.
The requirements associated with the ISTEA grant for the Bike Loop will likely result in an
increase in the construction cost. Staff is recommending that this potential cost increase
associated with the grant be limited to only the bike loop phase of the project. Additionally,
it is anticipated that TxDOT will need an additional 4 to 6 months to complete the
administrative review of the Bike Loop portion of the project.
The Longmire Intersection design includes pedestrian improvements with channelized turn
lanes, deceleration and acceleration lanes, medians on Longmire, and pedestrian crosswalks
and signals. The intersection improvements along with the bike lanes on Longmire and the
bridge crossing Bee Creek will increase multimodal mobility within the City.
Budget & Financial Summary: The construction cost for the Longmire improvements,
striping and bridge is estimated at $590,000. Funds in the amount of $1,477,826 are
budgeted for the 2005 Bike Loop project as part of the ST0530 ($327,202 - Bike Loop
project), ST9803 ($169,000 - Miscellaneous Bike Trails project) and ST0521 ($981,624 -
Hike and Bike Trails project). Funds in the amount of $109,096 have been expended or
committed to date, leaving a balance of $1,368,730.
Attachments:
1.) Project Map
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135
September 11, 2008
Regular Agenda Item No. 5
William D. Fitch Parkway Widening Phase II
Final Design Presentation
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, presentation, possible action and discussion concerning
approval to advertise for the William D. Fitch Pkwy Widening Phase II project construction
bid.
Recommendation(s): Staff recommends proceeding with advertisement for the
construction bid.
Summary: The William D. Fitch Pkwy Widening Phase II Project (ST-0520) will widen
W.D. Fitch Pkwy from Pebble Creek Pkwy to Rock Prairie Road from two lanes to four with a
raised median. The design includes a bridge over Lick Creek with modifications to the
existing bridge, landscaping, sidewalks, bike lanes, street lighting, and drainage facilities.
Budget & Financial Summary: The construction cost is estimated at $4,073,500. Funds
have been budgeted in the amount of $4,530,000 from the Street Capital Projects Fund and
in the amount of $25,000 from the Water Capital Projects Fund. Funds in the amount of
$350,576.02 have been expended or committed to date, leaving a balance of
$4,204,423.98.
Attachments:
1.) Project Map
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September 11, 2008
Regular Agenda Item No. 6
Rock Prairie Road East Widening Project Resolution
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, Presentation, possible action, and discussion regarding
an Amendment to Resolutions Determining Need associated with the Rock Prairie Road East
Widening, Design and ROW Project.
Recommendation(s): Staff recommends approval of the amendment.
Summary: Council has previously approved three resolutions associated with right of way
acquisition on Rock Prairie Road, from State Highway 6 to William D. Fitch. Since approval
of the previous resolutions, the East Side Transportation Study was completed. The
acceptance and adoption of this report resulted in an amendment to the City’s Thoroughfare
Plan which reclassified Rock Prairie Road.
Rock Prairie Road is currently a rural collector. Prior to the Thoroughfare Plan Amendment,
Rock Prairie Road was classified as a Major Arterial (120-foot wide ROW) from SH 6 to
William D. Fitch. The revisions to the Thoroughfare Plan classify Rock Prairie Road as a
Major Arterial (120-foot wide ROW) from SH6 to Bird Pond, a Major Collector (80-foot wide
ROW) from Bird Pond to Bradley, and a Minor Arterial (100-foot wide ROW) between
Bradley and William D. Fitch.
Approval of this amendment will authorize staff to purchase the right-of-way and utility
easements along Rock Prairie Road to allow for future roadway expansion projects.
Budget & Financial Summary: The total budget for design and land acquisition for the
Rock Prairie Road Widening Design and ROW Project is $2,969,000. Funding for this project
is from the 2003 general obligation bond authorization. Funds in the amount of $878,569.01
have been expended or committed to date (primarily for design), leaving a balance of
$2,090,430.99.
Attachments:
1. Resolution
2. Exhibit “A” – Part 1 – On file in the City Secretary’s Office
3. Exhibit “A” – Part 2 – On file in the City Secretary’s Office
4. Map
138
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Resolution revised.doc
AMENDMENT TO RESOLUTIONS DETERMINING NEED
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
AUTHORIZING AN AMENDMENT TO THREE PREVIOUSLY APPROVED RESOLUTIONS
DETERMINING NEED BY REPLACING THE PROPERTY DESCRIPTIONS OF ALL THREE
RESOLUTIONS WITH A NEW PROPERTY DESCRIPTION.
WHEREAS, the City Council of the College Station, Texas (“City”) previously authorized three
resolutions for the Rock Prairie Widening Project, being Resolution No. 12-14-2006-13.03 on
December 14, 2006; Resolution No. 3-8-2007-2c on March 8, 2007; and Resolution No. 3-22-2007-2d
on March 22, 2007; and
WHEREAS, the City desires to substitute and replace the descriptions of the property to be acquired
(the “Right-of-Way and Easements”) in the previously approved resolutions with a new description for
the Right of Way and easements; now therefore;
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council of the City of College Station, Texas, hereby officially
determines that the Right-of-Way and Easements described in Exhibit “A”, which is
attached to this resolution, shall, upon execution of this resolution, substitute and
replace the previously approved Right-of-Way and Easements in their entirety and shall
become incorporated in the above referenced resolutions as though written fully therein.
PART 2: That all other parts of the previously authorized resolutions shall remain unchanged.
PART 3: That this resolution shall take effect immediately from and after its passage.
ADOPTED this ________ day of ____________________________, A.D. 2008.
ATTEST: APPROVED:
____________________________ ______________________________
City Secretary MAYOR
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ____________________________
City Attorney
139
EXHIBIT “A” to Resolution Determining Need
Proposed Rock Prairie Road Rehabilitation
City of College Station
Texas Avenue through William D. Fitch Parkway Intersection
August 2008
Right-of-Way – Fee Simple Interest – SH 6 to Flying Ace Ranch
Being all those tracts or parcels of land necessary to widen the right-of-way of Rock Prairie Road
from the east frontage road of Texas Avenue (State Highway 6) to the west line of that tract conveyed to
the Flying Ace Ranch by deed recorded in Volume 3767 Page 237 of the Official Public Records of
Brazos County. Right of way shall be widened from the present irregular width to a total right of way
width of one hundred twenty feet (120’). The proposed north and south right of way boundary lines shall
be parallel to the existing centerline of Rock Prairie Road and sixty feet (60’) from the centerline. Said
right of way tracts or parcels of land shall be acquired from the following lands:
Tract 1 All that certain tract or parcel of land lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being a part of those tracts conveyed
to Edward Uvacek, Jr. as 23.233 acre First Tract and 7 acre Second Tract by deed recorded in Volume
321, Page 664 of the Deed Records of Brazos County, Texas, and a part of that 4.507 acre Tract Two
and that 15 acre Tract Four conveyed to Edward Uvacek, Jr. and wife Beatrice Uvacek by deed recorded
in Volume 274, Page 383 of the Deed Records of Brazos County, Texas.
Tract 2 All that certain 1.354 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, designated as Lot 1, Block 1 on plat of Riviera
Addition described by plat recorded in Volume 6607, Page 97 of the Official Public Records of Brazos
County, Texas.
Tract 3 All that certain 0.96 acre tract or parcel of land lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Dr. Roy R. Luepnitz by deed recorded in Volume 4792, Page 42 of the Official Public Records of Brazos
County, Texas.
Tract 4 All that certain tract lying and being situated in the Thomas Caruthers League, Abstract
No. 9, in College Station, Brazos County, Texas, being described in deed to Marguerite H. Carroll,
trustee, and Linda Carroll Lantz recorded in Volume 4297, Page 194 of the Official Public Records of
Brazos County, Texas.
Tract 5 All that certain 45.23 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Britton Rice by
deed recorded in Volume 3387, Page 115 of the Official Public Records of Brazos County, Texas.
Tract 6 All that certain 45.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Britt Rice by deed
recorded in Volume 3636, Page 85 of the Official Public Records of Brazos County, Texas.
Tract 7 All that certain 26.25 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Dale W. Conrad by
deed recorded in Volume 460, Page 505 of the Deed Records of Brazos County, Texas.
Tract 27 All that certain 8.026 acre tract or parcel of land lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 1 of 9
140
Weingarten Investments, Inc. by deed recorded in Volume 8265, Page 152 of the Official Public Records
of Brazos County, Texas.
Tract 28 All that certain 4.310 acre tract or parcel of land lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Weingarten Investments, Inc. by deed recorded in Volume 7583, Page 108 of the Official Public Records
of Brazos County, Texas.
Tract 29 All that certain 6.566 acre tract or parcel of land lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Weingarten Investments, Inc. by deed recorded in Volume 7282, Page 72 of the Official Public Records of
Brazos County, Texas.
Tract 30 All that certain 17.21 acre tract or parcel of land lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that conveyed to
Aggieland Realty Group, LLC by deed recorded in Volume 8381, Page 250 of the Official Public Records
of Brazos County, Texas.
Tract 31 All that certain 30.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to College Station
Independent School District by deed recorded in Volume 1033, Page 534 of the Official Public Records of
Brazos County, Texas.
Tract 32 All that certain 25.79 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Stewart
Thompson, trustee for the Brian Howard Perry Trust, by deed recorded in Volume 1980, Page 272 of the
Official Public Records of Brazos County, Texas.
Tract 33 All that certain 10.846 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Jo Ann
Atkins by deed recorded in Volume 267, Page 483 of the Deed Records of Brazos County, Texas.
Tract 34 All that certain 341.60 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to W.G.
Ritchey by deed recorded in Volume 237, Page 29 of the Deed Records of Brazos County, Texas.
Tract 35 All that certain 11 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Willis S. Ritchey by
deed recorded in Volume 260, Page 466 of the Deed Records of Brazos County, Texas.
Right-of-Way – Fee Simple Interest – Flying Ace Ranch to Harris Drive
Being all those tracts or parcels of land necessary to widen the right-of-way of Rock Prairie Road
from the west line of that tract conveyed to the Flying Ace Ranch by deed recorded in Volume 3767 Page
237 of the Official Public Records of Brazos County to Harris Drive. Right of way shall be widened from
the present irregular width to a total right of way width of eighty feet (80’). The proposed south right of
way boundary line shall be parallel to the existing centerline of Rock Prairie Road and sixty feet (60’) from
the centerline. The proposed north right of way boundary line shall be parallel to the existing centerline of
Rock Prairie Road and twenty feet (20’) from the centerline. Said right of way tracts or parcels of land
shall be acquired from the following lands:
Tract 8 All that certain 26.25 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Flying Ace Ranch,
Ltd. by deed recorded in Volume 3767, Page 237 of the Official Public Records of Brazos County, Texas.
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 2 of 9
141
Tract 9 All that certain 26.25 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Jack P. Friedman
by deed recorded in Volume 1102, Page 592 of the Official Records of Brazos County, Texas.
Tract 10 All that certain 0.06 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being Tract 3 conveyed to Wellborn Special
Utility District by deed recorded in Volume 3991, Page 197 of the Official Public Records of Brazos
County, Texas.
Tract 11 All that certain 4.45 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Lawrence Wolken
by deed recorded in Volume 401, Page 689 of the Deed Records of Brazos County, Texas.
Tract 12 All that certain 210.92 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 7, in College Station, Brazos County, Texas, being that tract conveyed to Carter
Lake Development Corporation by deed recorded in Volume 250, Page 330 of the Deed Records of
Brazos County, Texas.
Tract 36 All of Lot 1 of the Rock Prairie Baptist Church addition as described by plat recorded in
Volume 7312, Page 207 of the Official Public Records of Brazos County, Texas,
Tract 37 All that certain 14 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Hoyett Taylor, Jr.
by deed recorded in Volume 235, Page 194 of the Deed Records of Brazos County, Texas.
Tract 38 All that certain 2.996 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Regina L.
Jamieson by deed recorded in Volume 1199, Page 418 of the Official Records of Brazos County, Texas.
Tract 39 All that certain 2.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Houston White by
deed recorded in Volume 1249, Page 612 of the Official Public Records of Brazos County, Texas.
Right-of-Way – Fee Simple Interest – Harris Drive through William D. Fitch Parkway
Being all those tracts or parcels of land necessary to widen the right-of-way of Rock Prairie Road
from the west line of Harris Drive through the intersection of William D. Fitch Parkway, from the present
irregular width to a total right of way width of one hundred feet (100’). The proposed south right of way
boundary line shall be parallel to the existing centerline of Rock Prairie Road and sixty feet (60’) from the
centerline. The proposed north right of way boundary line shall be parallel to the existing centerline of
Rock Prairie Road and forty feet (40’) from the centerline. Additional area will be needed for the
intersection of Rock Prairie Road and William D. Fitch Parkway, as depicted on the accompanying exhibit.
Said right of way tracts or parcels of land shall be acquired from the following lands:
Tract 13 All that certain 3.57 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract designated as Harris Drive and
conveyed to Carter Lake Home Owners Corporation by deed recorded in Volume 2414, Page 20 of the
Official Public Records of Brazos County, Texas.
Tract 14 All that certain tract lying and being situated in the Thomas Caruthers League, Abstract
No. 9, in College Station, Brazos County, Texas, being Lot 1 in Carter Lake Acres as described by plat
recorded in Volume 2517 Page 177 of the Official Public Records of Brazos County, Texas and being that
tract conveyed to Jonathon Skare by deed recorded in Volume 3089, Page 241 of the Official Public
Records of Brazos County, Texas.
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 3 of 9
142
Tract 15 All that certain 4.24 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Robert Poling by
deed recorded in Volume 1326, Page 264 of the Official Public Records of Brazos County, Texas.
Tract 16 All that certain 11.0 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Mary B. Bradley,
trustee, by deed recorded in Volume 4108, Page 223 of the Official Public Records of Brazos County,
Texas.
Tract 17 All that certain 1.41 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Roger Pompa by
deed recorded in Volume 448, Page 236 of the Deed Records of Brazos County, Texas.
Tract 18 All that certain 10.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Marshall C. Durr
by deed recorded in Volume 414, Page 238 of the Deed Records of Brazos County, Texas.
Tract 19 All that certain 3.37 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Nita M. Holliday by
deed recorded in Volume 4148, Page 164 of the Official Public Records of Brazos County, Texas.
Tract 20 All that certain 5.005 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Cutting Edge Self-
Storage Adt, L.C. by deed recorded in Volume 8584, Page 30 of the Official Public Records of Brazos
County, Texas.
Tract 21 All the remainder of that certain 200 acre tract lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Dolly Dymple Olden by deed recorded in Volume 244, Page 433 of the Deed Records of Brazos County,
Texas, and Arthur D. Olden Family Trust by deed recorded in Volume 3711, Pages 139 and 142 of the
Official Public Records of Brazos County, Texas.
Tract 22 All that certain 50 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Lily Caroline
Watson by deed recorded in Volume 252, Page 375 of the Deed Records of Brazos County, Texas.
Tract 23 All that certain 50 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to James Todd Carll
by deed recorded in Volume 252, Page 439 of the Deed Records of Brazos County, Texas.
Tract 24 All that certain 75 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to James T. Carll by
deed recorded in Volume 252, Page 434 of the Deed Records of Brazos County, Texas.
Tract 25 All that certain 1.583 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Robert Stanley by
deed recorded in Volume 1947, Page 138 of the Official Public Records of Brazos County, Texas.
Tract 26 All that certain 35.37 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Hartzell Elkins by
deed recorded in Volume 1920, Page 323 of the Official Public Records of Brazos County, Texas.
Tract 40 All that certain 19.61 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Archie P. Clark by
deed recorded in Volume 561, Page 28 of the Deed Records of Brazos County, Texas.
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 4 of 9
143
Tract 41 All that certain 19.69 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Eugene Savage by
deed recorded in Volume 4198, Page 108 of the Official Public Records of Brazos County, Texas.
Tract 42 All that certain 66.32 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to the City of College
Station by deed recorded in Volume 4480, page 135 of the Official Public Records of Brazos County,
Texas.
Tract 43 All that certain 1.88 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that 1.81 acre tract conveyed to the City
of College Station by deed recorded in Volume 6382, Page 234 of the Official Public Records of Brazos
County, Texas and that 0.07 acre tract described by Quit Claim recorded in Volume 6362, Page 208 of
the Official Public Records of Brazos County, Texas.
Tract 44 All that certain 75.17 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Brazos Valley
Solid Waste Management Agency by deed recorded in Volume 1235, Page 59 of the Official Public
Records of Brazos County, Texas.
Tract 45 All that certain 119.53 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Brazos
Valley Solid Waste Management Agency by deed recorded in Volume 1231, Page 288 of the Official
Public Records of Brazos County, Texas.
Tract 46 All that certain 76.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to the City of College
Station by deed recorded in Volume 7159, Page 261 of the Official Public Records of Brazos County,
Texas.
Tract 47 All that certain 44 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to the College Station
Independent School District by deed recorded in Volume 8413, Page 291 of the Official Public Records of
Brazos County, Texas.
Public Utility Easement – SH 6 through William D. Fitch Parkway
Being all those tracts or parcels of land necessary to make up a continuous twenty foot (20’) wide
public utility easement along and adjoining the north side of the proposed north right of way boundary line
of Rock Prairie Road and all those tracts or parcels of land necessary to make up a continuous twenty
foot (20’) wide public utility easement along and adjoining the south side of the proposed south right of
way boundary line of Rock Prairie Road, from the east frontage road of Texas Avenue (State highway 6)
to the east side of William D. Fitch Parkway. Said easement tracts or parcels being part of the following
tracts of land:
Tract 00 PUE All that certain tract or parcel of land lying and being situated in the Robert Stevenson
League, Abstract No 54, in Brazos County, Texas, being a part of the Plazas of Rock Prairie by plat
recorded in Volume 7560, Page 225 of the Official Public Records of Brazos County, Texas.
Tract 1 PUE All that certain tract or parcel of land lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being a part of those tracts conveyed
to Edward Uvacek, Jr. as 23.233 acre First Tract and 7 acre Second Tract by deed recorded in Volume
321, Page 664 of the Deed Records of Brazos County, Texas, and a part of that 4.507 acre Tract Two
and that 15 acre Tract Four conveyed to Edward Uvacek, Jr. and wife Beatrice Uvacek by deed recorded
in Volume 274, Page 383 of the Deed Records of Brazos County, Texas.
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 5 of 9
144
Tract 2 PUE All that certain 1.354 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, designated as Lot 1, Block 1 on plat of Riviera
Addition described by plat recorded in Volume 6607, Page 97 of the Official Public Records of Brazos
County, Texas.
Tract 3 PUE All that certain 0.96 acre tract or parcel of land lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Dr. Roy R. Luepnitz by deed recorded in Volume 4792, Page 42 of the Official Public Records of Brazos
County, Texas.
Tract 4 PUE All that certain tract lying and being situated in the Thomas Caruthers League, Abstract
No. 9, in College Station, Brazos County, Texas, being described in deed to Marguerite H. Carroll,
trustee, and Linda Carroll Lantz recorded in Volume 4297, Page 194 of the Official Public Records of
Brazos County, Texas.
Tract 5 PUE All that certain 45.23 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Britton Rice by
deed recorded in Volume 3387, Page 115 of the Official Public Records of Brazos County, Texas.
Tract 6 PUE All that certain 45.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Britt Rice by deed
recorded in Volume 3636, Page 85 of the Official Public Records of Brazos County, Texas.
Tract 7 PUE All that certain 26.25 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Dale W. Conrad by
deed recorded in Volume 460, Page 505 of the Deed Records of Brazos County, Texas.
Tract 8 PUE All that certain 26.25 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Flying Ace Ranch,
Ltd. by deed recorded in Volume 3767, Page 237 of the Official Public Records of Brazos County, Texas.
Tract 9 PUE All that certain 26.25 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Jack P. Friedman
by deed recorded in Volume 1102, Page 592 of the Official Records of Brazos County, Texas.
Tract 10 PUE All that certain 0.06 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being Tract 3 conveyed to Wellborn Special
Utility District by deed recorded in Volume 3991, Page 197 of the Official Public Records of Brazos
County, Texas.
Tract 11 PUE All that certain 4.45 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Lawrence Wolken
by deed recorded in Volume 401, Page 689 of the Deed Records of Brazos County, Texas.
Tract 12 PUE All that certain 210.92 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 7, in College Station, Brazos County, Texas, being that tract conveyed to Carter
Lake Development Corporation by deed recorded in Volume 250, Page 330 of the Deed Records of
Brazos County, Texas.
Tract 14 PUE All that certain tract lying and being situated in the Thomas Caruthers League, Abstract
No. 9, in College Station, Brazos County, Texas, being Lot 1 in Carter Lake Acres as described by plat
recorded in Volume 2517 Page 177 of the Official Public Records of Brazos County, Texas and all of that
tract conveyed to Jonathon Skare by deed recorded in Volume 3089, Page 241 of the Official Public
Records of Brazos County, Texas.
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 6 of 9
145
Tract 15 PUE All that certain 4.24 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Robert Poling by
deed recorded in Volume 1326, Page 264 of the Official Public Records of Brazos County, Texas.
Tract 16 PUE All that certain 11.0 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Mary B. Bradley,
trustee, by deed recorded in Volume 4108, Page 223 of the Official Public Records of Brazos County,
Texas.
Tract 17 PUE All that certain 1.41 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Roger Pompa by
deed recorded in Volume 448, Page 236 of the Deed Records of Brazos County, Texas.
Tract 18 PUE All that certain 10.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Marshall C. Durr
by deed recorded in Volume 414, Page 238 of the Deed Records of Brazos County, Texas.
Tract 19 PUE All that certain 3.37 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Nita M. Holliday by
deed recorded in Volume 4148, Page 164 of the Official Public Records of Brazos County, Texas.
Tract 20 PUE All that certain 5.005 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Cutting Edge Self-
Storage Adt, L.C. by deed recorded in Volume 8584, Page 30 of the Official Public Records of Brazos
County, Texas.
Tract 21 PUE All the remainder of that certain 200 acre tract lying and being situated in the Thomas
Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Dolly Dymple Olden by deed recorded in Volume 244, Page 433 of the Deed Records of Brazos County,
Texas, and Arthur D. Olden Family Trust by deed recorded in Volume 3711, Pages 139 and 142 of the
Official Public Records of Brazos County, Texas.
Tract 22 PUE All that certain 50 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Lily Caroline
Watson by deed recorded in Volume 252, Page 375 of the Deed Records of Brazos County, Texas.
Tract 23 PUE All that certain 50 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to James Todd Carll
by deed recorded in Volume 252, Page 439 of the Deed Records of Brazos County, Texas.
Tract 24 PUE All that certain 75 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to James T. Carll by
deed recorded in Volume 252, Page 434 of the Deed Records of Brazos County, Texas.
Tract 25 PUE All that certain 1.583 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Robert Stanley by
deed recorded in Volume 1947, Page 138 of the Official Public Records of Brazos County, Texas.
Tract 26 PUE All that certain 35.37 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Hartzell Elkins by
deed recorded in Volume 1920, Page 323 of the Official Public Records of Brazos County, Texas.
Tract 27 PUE All that certain 8.026 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Weingarten
Investments, Inc. by deed recorded in Volume 8265, Page 152 of the Official Public Records of Brazos
County, Texas.
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 7 of 9
146
Tract 28 PUE All that certain 4.310 acre tract of land lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to
Weingarten Investments, Inc. by deed recorded in Volume 7383, Page 108 of the Official Public Records
of Brazos County, Texas.
Tract 29 PUE All that certain 6.566 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Weingarten
Investments, Inc. by deed recorded in Volume 7282, Page 72 of the Official Public Records of Brazos
County, Texas.
Tract 30 PUE All that certain 17.21 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that 17.21 tract conveyed to Aggieland
Realty Group, LLC by deed recorded in Volume 8381, Page 250 of the Official Public Records of Brazos
County, Texas.
Tract 31 PUE All that certain 30.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to College Station
Independent School District by deed recorded in Volume 1033, Page 534 of the Official Public Records of
Brazos County, Texas.
Tract 32 PUE All that certain 25.79 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Stewart
Thompson, trustee for the Brian Howard Perry Trust, by deed recorded in Volume 1980, Page 272 of the
Official Public Records of Brazos County, Texas.
Tract 33 PUE All that certain 10.846 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Jo Ann
Atkins by deed recorded in Volume 267, Page 483 of the Deed Records of Brazos County, Texas.
Tract 34 PUE All that certain 341.60 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to W.G.
Ritchey by deed recorded in Volume 237, Page 29 of the Deed Records of Brazos County, Texas.
Tract 35 PUE All that certain 11 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Willis S. Ritchey by
deed recorded in Volume 260, Page 466 of the Deed Records of Brazos County, Texas.
Tract 37 PUE All that certain 14 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Hoyett Taylor, Jr.
by deed recorded in Volume 235, Page 194 of the Deed Records of Brazos County, Texas.
Tract 38 PUE All that certain 2.996 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Regina L.
Jamieson by deed recorded in Volume 1199, Page 418 of the Official Records of Brazos County, Texas.
Tract 39 PUE All that certain 2.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Houston White by
deed recorded in Volume 1249, Page 612 of the Official Public Records of Brazos County, Texas.
Tract 40 PUE All that certain 19.61 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Archie P. Clark by
deed recorded in Volume 561, Page 28 of the Deed Records of Brazos County, Texas.
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 8 of 9
147
Exhibit “A” to Resolution Determining Need
Rock Prairie Road – From SH 6 through William D. Fitch Intersection Page 9 of 9
Tract 41 PUE All that certain 19.69 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Eugene Savage by
deed recorded in Volume 4198, Page 108 of the Official Public Records of Brazos County, Texas.
Tract 42 PUE All that certain 66.32 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to the City of College
Station by deed recorded in Volume 4480, page 135 of the Official Public Records of Brazos County,
Texas.
Tract 43 PUE All that certain 1.88 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that 1.81 acre tract conveyed to the City
of College Station by deed recorded in Volume 6382, Page 234 of the Official Public Records of Brazos
County, Texas and that 0.07 acre tract described by Quit Claim recorded in Volume 6362, Page 208 of
the Official Public Records of Brazos County, Texas.
Tract 44 PUE All that certain 75.17 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Brazos Valley
Solid Waste Management Agency by deed recorded in Volume 1235, Page 59 of the Official Public
Records of Brazos County, Texas.
Tract 45 PUE All that certain 119.53 acre tract lying and being situated in the Thomas Caruthers
League, Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to Brazos
Valley Solid Waste Management Agency by deed recorded in Volume 1231, Page 288 of the Official
Public Records of Brazos County, Texas.
Tract 46 PUE All that certain 76.00 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to the City of College
Station by deed recorded in Volume 7159, Page 261 of the Official Public Records of Brazos County,
Texas.
Tract 47 PUE All that certain 44 acre tract lying and being situated in the Thomas Caruthers League,
Abstract No. 9, in College Station, Brazos County, Texas, being that tract conveyed to the College Station
Independent School District by deed recorded in Volume 8413, Page 291 of the Deed Records of Brazos
County, Texas.
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Home of Texas A&M University
September 11, 2008
Regular Agenda Item No. 7
UDO Amendment—Historic Preservation Enabling Ordinance
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on
amendments to Chapter 12, City of College Station Code of Ordinances, Unified
Development Ordinance Article 2 Development Review Bodies, Article 3
Development Procedures, Section 4.1 Establishment of Districts, Article 5 District
Purpose Statements and Supplemental Standards, Article 10 Enforcement, and
Section 11.2 Defined Terms as they relate to the creation of a Landmark
Commission and Historic Preservation Overlay District.
Recommendation(s): The Planning & Zoning Commission and staff
unanimously recommend approval of the ordinance amendment.
Summary: At the direction of City Council, Staff has been working on the creation
of a historic preservation enabling ordinance that is intended to provide for the
protection and preservation of places and areas of historical, cultural, and
architectural importance and significance in College Station. While the City
currently collects historic information and recognizes properties with historical
markers, the current program is a social recognition and does not involve actual
regulation of actions that change the property. Through the application of a Historic
Preservation Overlay zoning district, property within a Historic Preservation district
would be subject to higher standards for and greater regulation of construction,
reconstruction, alteration, restoration, and rehabilitation.
In summary, the Historic Preservation (HP) Overlay draft ordinance provides for a
new Landmark Commission, a member of staff designated as the Historic
Preservation Officer, a Historic Preservation Overlay Zoning District, Certificates of
Appropriateness and Demolition for properties under the overlay, and specific
penalties for violations of the ordinance.
Budget & Financial Summary: If adopted, the City would need to establish a
Historic Preservation Fund. Funding sources could be from the penalties collected
from ordinance violations, grants, donations, hotel/motel taxes, and the City
budget. The purpose of the fund would be to promote and implement historic
preservation measures in the community.
Attachments:
1. Memo to the P&Z dated Jun 19, 2008
2. Minutes from the August 14, 2008 P&Z meeting
3. Ordinance
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Home of Texas A&M University
1101 Texas Avenue, PO Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
June 19, 2008
TO: Members of the Planning & Zoning Commission
FROM: Molly Hitchcock, AICP, Planning Administrator
SUBJECT: Historic Preservation Enabling Ordinance
Item summary: Public hearing, presentation, possible action, and discussion on amendments
to Chapter 12, City of College Station Code of Ordinances, Unified Development Ordinance
Article 2 Development Review Bodies, Article 3 Development Procedures, Section 4.1
Establishment of Districts, Article 5 District Purpose Statements and Supplemental Standards,
Article 10 Enforcement, and Section 11.2 Defined Terms as they relate to the creation of a
Landmark Commission and Historic Preservation Overlay District.
Item background: At the direction of City Council, Staff has been working on the creation of a
historic preservation enabling ordinance that is intended to provide for the protection and
preservation of places and areas of historical, cultural, and architectural importance and
significance in College Station. While the City currently collects historic information and
recognizes properties with historical markers, the current program is a social recognition and
does not involve actual regulation of actions that change the property. Through the application
of a Historic Preservation Overlay zoning district, property within a Historic Preservation district
would be subject to higher standards for and greater regulation of construction, reconstruction,
alteration, restoration, and rehabilitation.
A draft enabling ordinance from the Texas Historical Commission, enacted ordinances from
other Texas communities, discussions with the Texas Historical Commission and other
communities, discussions with local stakeholders, and input from the City’s consultant, Quimby
McCoy Historic Preservation Architecture, have all contributed to the proposed ordinance for
College Station.
In summary, the Historic Preservation (HP) Overlay draft ordinance provides for the following:
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Home of Texas A&M University
A new board
A Landmark Commission would be created to provide expertise regarding historic preservation
as it relates to zoning and development. The Commission’s main duties would be to survey and
maintain an inventory of significant historical and cultural resources in College Station, act in an
advisory role in regards to the protection of historic resources, make recommendations to the
P&Z regarding the application of the HP Overlay, make recommendations to state and federal
governments regarding national historic recognition, make recommendations to Council
regarding the use of donated funds to promote the use of Historic Preservation Overlay districts,
and act upon requests for Certificates of Appropriateness and Certificates of Demolition.
New staff responsibilities
A member of City staff would be the City’s Historic Preservation Officer (HPO). HPO
responsibilities would include acting as the staff liaison for the Landmark Commission and
coordinating the activities of the Commission with other preservation organizations. The HPO
would review and report on applications related to the Historic Preservation Overlay, and would
assist applicants (when necessary) with the completion of Designation Reports for rezoning
application.
A new overlay zoning district
A Historic Preservation Overlay zoning district would be established so that the goal of historic
preservation could be forwarded through zoning regulation. As an overlay, actual land uses
allowed by the base zoning district would not be affected; therefore, the overlay could be
applied to residential property as well as commercial. The overlay would provide for standards
greater than for those properties with no overlay. The overlay could be applied to a single
property, a group of properties, or a larger area—there would be no minimum or maximum area
as long as the criteria for designation were being met.
As drafted, to be eligible for consideration of designation, a property or group of properties
would have to be a minimum of 40 years old, meet a criteria of historic significance, and
possess integrity. The proposed criteria for historic significance are as follows:
1. Possess significance in history, architecture, archeology, and culture;
2. Is associated with events that have made a significant contribution to the broad patterns
of local, regional, state, or national history;
3. Is associated with events that have made a significant impact in our past;
4. Embody the distinctive characteristics of a type, period, or method of construction;
5. Represent the work of a master designer, builder, or craftsman;
6. Represent an established and familiar visual feature of the neighborhood or city; and/or
7. Is eligible for listing on the National Register of Historic Places, Recorded Texas Historic
Landmark, or a State Archaeological Landmark, as determined by the Texas Historical
Commission.
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Home of Texas A&M University
Typically, a rezoning is considered by the Planning & Zoning Commission, who then sends their
recommendation to City Council. It is proposed that a request to apply a Historic Preservation
Overlay zoning district would first be considered by the Landmark Commission before going to
the P&Z.
Heightened regulation for properties under the overlay
To ensure the integrity of the historic value of a site, virtually all changes to a property or
structure that would be visible from a public right-of-way would be subject to regulation.
Construction, reconstruction, restoration, rehabilitation, and material and color changes would
be subject to the Landmark Commission’s consideration of a Certificate of Appropriateness
(COA). Appeals to Commission’s decision on a COA would be to City Council.
Any proposed demolition or removal of any structure or portion thereof would have to obtain a
Certificate of Demolition (COD). For a COD to be approved, a property owner would have to
prove that:
1. The structure would be replaced with a new structure that is more appropriate and
compatible with the Historic Preservation Overlay district,
2. No economically viable use of the property exists,
3. The structure poses an imminent threat to public health or safety, and/or
4. The structure is noncontributing to the Historic Preservation Overlay district.
Provisions are also proposed to prevent demolition by neglect of property in the overlay.
Specific penalties for noncompliance
A person that violates the ordinance as it relates to COAs and CODs would be held criminally
responsible for their actions. They would be required to restore or replicate the damage to the
property, and fines collected would be forwarded to a Historic Preservation Fund that would be
used to promote and implement historic preservation measures in the community.
Staff hosted two community meetings on February 13, 2008 to receive input on the proposed
language. The majority of those comments were in general support for the ordinance. There
were concerns about the membership of the Landmark Commission that resulted in changes to
the draft. There was also some discussion of having a percentage of homeowners apply for a
larger district, similar to an application for a single-family overlay. Since the Historic
Preservation Overlay could be applied to one or any number of properties and because the
overlay would be the most restrictive in the City, the ordinance draft was left as proposed. If a
property owner does not want to pursue the overlay for his/her property, the rezoning could be
initiated by City Council, the P&Z, or the Administrator.
Attachments:
1. Proposed UDO Section 2.4, Landmark Commission (new UDO section)
2. Redlined UDO Section 2.6 Administrator
3. Redlined UDO Section 2.9 Summary of Review Authority
4. Redlined UDO Section 3.1 General Approval Procedures
5. Redlined UDO Section 3.2 Zoning Map Amendment (Rezoning)
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Home of Texas A&M University
6. Proposed UDO Section 3.9 Certificates of Appropriateness (new UDO section)
7. Proposed UDO Section 3.10 Certificates of Demolition (new UDO section)
8. Redlined UDO Section 3.11 Building Permit
9. Redlined UDO Section 4.1 Establishment of Districts
10. Proposed UDO Section 5.10 Historic Preservation Overlay District (new UDO section)
11. Proposed UDO Section 10.5 Specific Penalties for Certificates of Appropriateness and
Certificates of Demolition (new UDO section)
12. Redlined UDO Section 11.2 Defined Terms
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August 14, 2008 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, August 14, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Acting Chairman Noel Bauman, Paul Greer, Doug Slack
and Hugh Stearn
COMMISSIONERS ABSENT: Chairman Nichols, Bill Davis and Thomas Woodfin
CITY COUNCIL MEMBERS PRESENT:
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Boyer, Staff
Planners Jason Schubert and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant
City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, City Engineer Alan
Gibbs, Director Bob Cowell, Assistant Director Lance Simms, Assistant Director Gabriel Elliott,
Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Action
Center Representative Kerry Mullins and Staff Assistant Brittany Caldwell
8. Public hearing, presentation, possible action, and discussion on amendments to Chapter 12,
City of College Station Code of Ordinances, Unified Development Ordinance Article 2
Development Review Bodies, Article 3 Development Procedures, Section 4.1 Establishment
of Districts, Article 5 District Purpose Statements and Supplemental Standards, Article 10
Enforcement, and Section 11.2 Defined Terms as they relate to the creation of a Landmark
Commission and Historic Preservation Overlay District. Case #08-00500001 (MH)
Molly Hitchcock, Planning Administrator, presented the Historic Preservation Enabling
Ordinance. She stated that ordinance currently states that to be eligible for consideration the
property must meet one of the criteria for historic significance. The consultant requested that
the property meet two of the criteria for historic significance.
Acting Chairman Bauman opened the public hearing.
Jerry Cooper, 602 Bell Street, College Station, Texas; Judy Hugill, 904 Francis Drive,
College Station, Texas; Mike Luther, 614 Welsh Avenue, College Station, Texas. The
citizens spoke in favor of the ordinance. Mr. Cooper asked that one of the alternates to the
Landmark Commission be a property owner.
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August 14, 2008 P&Z Regular Meeting Minutes Page 2 of 2
Acting Chairman Bauman closed the public hearing.
Ms. Hitchcock stated that her concern with the alternate being a property owner is there
would be a possibility that a quorum will consist of only property owners and there would
not be anyone present with a technical background.
There was general discussion regarding the ordinance.
Commissioner Stearn motioned to recommend approval of the ordinance with the
condition that two of the criteria for historical significance are met and one of the two
alternates for the Landmark Commission meet the qualifications of category b and the
other alternate meet the qualifications of category a, c or d.
165
ORDINANCE NO. ____________
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,”
SECTION 2.5.B, “ADMINISTRATOR, POWERS AND DUTIES”, SECTION 2.8, “SUMMARY OF
REVIEW AUTHORITY”, SECTION 3.1.F, “GENERAL APPROVAL PROCEDURES, REQUIRED
PUBLIC NOTICE”, SECTION 3.2, “ZONING MAP AMENDMENT (REZONING),” SECTION 3.9.A,
“BUILDING PERMIT, BUILDING PERMIT REQUIRED”, SECTION 4.1, “ESTABLISHMENT OF
DISTRICTS,” AND SECTION 11.2, “DEFINED TERMS,” AND ADDING SECTION 2.4,
“LANDMARK COMMISSION”, SECTION 3.9, “CERTIFICATE OF APPROPRIATENESS”,
SECTION 3.10, “CERTIFICATE OF DEMOLITION”, SECTION 5.10, “HISTORIC PRESERVATION
OVERLAY DISTRICT”, AND SECTION 10.5, “SPECIFIC PENALTIES FOR CERTIFICATES OF
APPROPRIATENESS AND CERTIFICATES OF DEMOLITION” OF THE CODE OF ORDINANCES
OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET
OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 2.5.B, “Administrator,
Powers and Duties”, Section 2.8, “Summary of Review Authority”, Section 3.1.F,
“General Approval Procedures, Required Public Notice”, Section 3.2, “Zoning Map
Amendment (Rezoning),” Section 3.9.A, “Building Permit, Building Permit Required”,
Section 4.1, “Establishment of Districts”, and Section 11.2, “Defined Terms”; and adding
Section 2.4, “Landmark Commission”, Section 3.9, “Certificate of Appropriateness”,
Section 3.10, “Certificate of Demolition”, Section 5.10, “Historic Preservation Overlay
District”, and Section 10.5, “Specific Penalties for Certificates of Appropriateness and
Certificates of Demolition” of the Code of Ordinances of the City of College Station,
Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this
ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining provi-
sions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a
fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars
($2,000.00). Each day such violation shall continue or be permitted to continue, shall be
deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective
ten (10) days after its date of passage by the City Council, as provided by Section 35 of
the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this ___11___ day of _September _, 2008.
APPROVED:
____________________________________
MAYOR
ATTEST:
166
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
167
ORDINANCE NO.__________________ Page 3
EXHIBIT “A”
I.
That Chapter 12, “Unified Development Ordinance,” Section 2.5.B, “Administrator, Powers and Duties” of
the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Sections
2.5.B.4 and 2.5.B.5 to read as follows:
2.5 Administrator
B. Powers and Duties
The Administrator shall have the following powers and duties:
4. Final Action
The Administrator shall review and take final action on the following:
a. Sign permits;
b. Site plans (not Wolf Pen Creek District site plans);
c. Administrative adjustments;
d. Minor and amending plats;
e. Determination of building plot (Section 7.1, General Provisions);
f. Minor Wolf Pen Creek District projects;
g. Amendments to the color palette for Northgate roof colors;
h. Certificate of Appropriateness Routine Maintenance Work reviews; and
i. Alternative parking plans (Section 7.2, Off-Street Parking).
5. Other Duties
a. The Administrator, or his designee, shall serve as the Historic Preservation Officer
(HPO) for the City of College Station. As such, the HPO shall serve as a
representative for the Landmark Commission and shall be responsible for
coordinating the Landmark Commission’s preservation activities with the Historic
Preservation Advisory Committee, those of state and federal agencies, and with
local, state, and national nonprofit preservation organizations.
b. The Administrator shall perform other duties imposed under the provisions of the
CITY OF COLLEGE STATION CODE OF ORDINANCES, as amended from time-to-time.
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ORDINANCE NO.__________________ Page 4
II.
That Chapter 12, “Unified Development Ordinance,” Section 2.8, “Summary of Review Authority” of the
Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 2.8,
“Summary of Review Authority” to read as follows:
2.8 Summary of Review Authority
The following table summarizes the authority of the various review bodies and staff.
PROCEDURE CC P&Z ZBA DRB LC Admin. BO DE
CITY COUNCIL (CC)
Oversize Participation D R
Development Agreement D RR R
Conditional Use permit D R RR
Zoning Map Amendment D R RR
Zoning Map Amendment (HP) D R RR
PDD / P-MUD Concept Plan D R RR
Text Amendment D R RR
Comp. Plan Amendment D R RR
Impact Fee / CIP Priorities D R
PLANNING & ZONING COMMISSION (P&Z)
Zoning Map Amendment (HP) R R RR
Master Plans D RR R
Preliminary Plat D RR R
Final Plat D RR R
Development Plat D RR R
Waiver of Subdivision Standard D RR R
ZONING BOARD OF ADJUSTMENT (ZBA)
Variance D RR RR RR
Administrative Appeal D R
Zoning Map Interpretation D R
DESIGN REVIEW BOARD (DRB)
WPC District Site Plan A D R
WPC District Building/Sign Review A D R
WPC Parking Waivers A D R
NG Waivers D R
Non-Residential Arch. Standards Waiver D RR
Gateway Grants A D RR
LANDMARK COMMISSION (LC)
Certificates of Appropriateness A D RR
Certificates of Demolition A D RR
ADMINISTRATOR
Interpretation A** A D
Sign Permit A D
Site Plan A A* D
Administrative Adjustment A D
WPC District Building or Sign, Minor A D
Minor or Amending Plat A D R
169
ORDINANCE NO.__________________ Page 5
PD Concept Plan Minor Amend. A D
NG Roof Color Palette Amendment A D
Certificate of Appropriateness, Routine A D
Alternative Parking Plans A D R
BUILDING OFFICIAL (BO)
Building Permit D
Certificate of Occupancy R D
Certificate of Completion R D R
DEVELOPMENT ENGINEER (DE)
Development Permit D
Driveway Application A D
Alternative Const. Material A D
*Section 3.5.E. Site Plan Review Criteria and 3.6.E. Wolf Pen Creek Design District General Site Plan Review Criteria only.
**Subdivision Regs. only. KEY: A=Appeal R=Recommend D=Final Action/Decision RR=Review/Report
Per Ordinance No. 2981 (May 24, 2007)
Per Ordinance No. 3007 (September 27, 2007)
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ORDINANCE NO.__________________ Page 6
III.
That Chapter 12, “Unified Development Ordinance,” Section 3.1.F, “General Approval Procedures, Required
Public Notice” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by
amending Sections 3.1.F.1 and 3.1.F.4 to read as follows:
3.1 General Approval Procedures
F. Required Public Notice
1. Summary of Notice Required
Notice shall be required for development review as shown in the following table.
Application Type Published Mailed Agenda Posted
Comprehensive Plan Amendment X X
Zoning Map Amend. (Rezoning) X X X
UDO Text Amendment X X
Conditional Use Permit X X X
Subdivision - Replats* X* X* X
Design District - Site Plan/Bldg. X
Certificate of Appropriateness X
Certificate of Demolition (No economically
viable use) X X X
Variances – ZBA X X X
Appeals – Site Plan & Driveway X
Waiver – Subdivision Design X
Waiver – Buffer Requirements X
Administrative Appeals X X
* Only when required per the Local Government Code.
4. Required Public Hearings
The following table illustrates the types of review requiring a public hearing and the
review body responsible for conducting the hearing.
Application Type
Zoning
Board of
Adjustment
Landmark
Commission
Planning and Zoning
Commission
City
Council
Comprehensive Plan Amendment X X
Zoning Map Amendment (Rezoning) X X
Zoning Map Amendment (Rezoning—
Historic Preservation Overlay District)
X
X
X
Certificate of Demolition (No
economically viable use)
X
UDO Text Amendment X X
Conditional Use Permit X X
Subdivision* X
Variances – ZBA X
Administrative Appeals X
* Only when required per the LOCAL GOVERNMENT CODE.
171
ORDINANCE NO.__________________ Page 7
IV.
That Chapter 12, “Unified Development Ordinance,” Section 3.2, “Zoning Map Amendment (Rezoning)” of
the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 3.2,
“Zoning Map Amendment (Rezoning)” to read as follows:
3.2 Zoning Map Amendment (Rezoning)
A. Purpose
To establish and maintain sound, stable, and desirable development within the territorial
limits of the City, the Official Zoning Map may be amended based upon changed or changing
conditions in a particular area or in the City generally, or to rezone an area or extend the
boundary of an existing zoning district. All amendments shall be in accordance with the
Comprehensive Plan, which may be amended according to the procedure in Section 3.19,
Comprehensive Plan Amendment.
B. Initiation of Amendments
An amendment to the Official Zoning Map may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. The property owner(s).
C. Amendment Application
A complete application for a zoning map amendment shall be submitted to the Administrator
as set forth in Section 3.1.C, Application Forms and Fees.
1. Application requests for a Planned Development District (PDD) and Planned Mixed-Use
District (P-MUD) shall provide the following additional information:
a. A written statement of the purpose and intent of the proposed development;
b. A list and explanation of the potential land uses permitted; and
c. A concept plan as described in Section 3.4, Concept Plan Review (PDD and P-MUD
Districts).
Per Ordinance No. 2981 (May 24, 2007)
2. Application requests for a Neighborhood Prevailing Overlay District (NPO) shall provide
the following additional information:
a. An original plat of the subdivision; and
b. A petition including dated signatures by sixty percent (60%) of current property
owners in the subdivision in support of the overlay; and
c. Contact information for all Neighborhood Association or Homeowners Association
committee members.
3. Application requests for a Neighborhood Conservation Overlay District (NCO) shall
provide the following additional information:
a. An original plat of the subdivision;
b. A petition including dated signatures by sixty percent (60%) of the property
owners in the subdivision in support of the overlay;
c. Contact information for all Neighborhood Association or Homeowners Association
committee members;
d. A list of six (6) property owners in the neighborhood to serve on neighborhood
stakeholder committee; and
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ORDINANCE NO.__________________ Page 8
e. A checklist of the proposed items to be included in the Conservation Study.
4. Application requests for a Historic Preservation Overlay District shall provide the
following additional information:
a. An inventory and survey of structures to be included in the rezoning, submitted on
a form provided by the Historic Preservation Officer;
b. A current photograph of each property included in the rezoning, and its
improvements;
c. Historical photographs, where available; and
d. A completed Designation Report. Upon initiation of the historic designation
procedure, the Historic Preservation Officer shall coordinate research to compile a
written report regarding the historical, cultural, and architectural significance of
the place or area proposed for historic designation at the request of the applicant,
but the rezoning application will not be considered complete until the report has
been completed. A Designation Report shall include a statement on each of the
following to the extent that they apply:
1) A listing of the architectural, archaeological, paleontological, cultural,
economic, social, ethnic, political, or historical characteristics upon which the
nomination is based;
2) A description of the historical, cultural and architectural significance of the
structures and sites;
3) Identification of contributing and noncontributing resources to the proposed
district; and
4) A description of the boundaries of the proposed Historic Preservation Overlay
District, including subareas and areas where new construction will be
prohibited.
D. Approval Process
1. Preapplication Conference
Prior to the submission of an application for a Zoning Map Amendment, all potential
applicants shall request a Preapplication Conference with the Administrator. The
purpose of the conference is to respond to any questions that the applicant may have
regarding any application procedures, standards, or regulations required by this UDO.
If the Administrator determines that the map amendment request is not in conformity
with the Comprehensive Plan, he shall not accept the application for the map
amendment, and no further processing shall occur until the map amendment is in
conformity or a request for an amendment to the Comprehensive Plan eliminating the
lack of conformity has been submitted by the applicant.
2. Neighborhood Meeting
Prior to the submission of an application for a Zoning Map Amendment for a NPO or
NCO Overlay Rezoning, all potential applicants shall request a Neighborhood Meeting
with City Staff. Prior to the submission of an application for a Zoning Map Amendment
for a Historic Preservation Overlay District rezoning, all potential applicants shall
request a Neighborhood Meeting with the Historic Preservation Officer. The purpose of
the meeting is to present information about the proposed overlay and explain the
process of rezoning to the neighborhood.
3. Review and Report by Administrator
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ORDINANCE NO.__________________ Page 9
With the exception of applications for Historic Preservation Overlay Districts, once the
application is complete, the Administrator shall review the proposed amendment to the
Official Zoning Map in light of the Comprehensive Plan, subject to the criteria
enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning
Commission on the date of the scheduled public hearing.
4. Review and Report by Historic Preservation Officer
An application for a Historic Preservation Overlay District rezoning shall be reviewed by
the Historic Preservation Officer, who shall review the proposed amendment in light of
the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning
Districts, and Section 5.10 Historic Preservation Overlay District, and give a report to
the Landmark Commission on the date of the scheduled public hearing.
5. Referral To Landmark Commission
The Historic Preservation Officer, upon receipt of an application to amend the Official
Zoning Map to an Historic Preservation Overlay District, shall refer the same to the
Landmark Commission for study, hearing, and report. The Planning and Zoning
Commission may not hold a public hearing or make a report to the City Council until it
has received a report from the Landmark Commission.
6. Recommendation by Landmark Commission
The Landmark Commission shall publish, post, and mail public notice in accordance
with Section 3.1.F, Required Public Notice. The Landmark Commission shall hold a
public hearing and make a recommendation to the Planning and Zoning Commission.
7. Referral To Planning and Zoning Commission
With the exception of applications for Historic Preservation Overlay Districts, the
Administrator, upon receipt of an application to amend the Official Zoning Map, shall
refer the same to the Commission for study, hearing, and report. For a an application
to amend the Official Zoning Map to an Historic Preservation Overlay District, the
Historic Preservation Officer shall refer the same to the Planning and Zoning
Commission for study, hearing, and report with the report of the Landmark
Commission. The City Council may not enact the proposed amendment until the
Planning and Zoning Commission makes its report to the City Council.
8. Recommendation by Planning and Zoning Commission
The Planning and Zoning Commission shall publish, post, and mail public notice in
accordance with Section 3.1.F, Required Public Notice. The Commission shall hold a
public hearing and recommend to the City Council such action as the Commission
deems proper.
9. City Council Action
a. Notice
The City Council shall publish, post, and mail public notice in accordance with
Section 3.1.F, Required Public Notice, and hold a public hearing before taking final
action on an application to amend the Official Zoning Map.
b. Public Hearing
The City Council shall hold a public hearing and approve, approve with
modifications, or disapprove the application to amend the Official Zoning Map.
c. Effect of Protest to Proposed Amendment
If a proposed change to this UDO or rezoning is protested in accordance with
Chapter 211 of the Texas Local Government Code, the proposed change must
receive, in order to take effect, the affirmative vote of at least three-fourths of all
members of the City Council. The protest must be written and signed by the
owners of at least 20 percent of either the area of lots covered by the proposed
change, or of the area of the lots or land immediately adjoining the area covered
by the proposed change and extending 200 feet from that area.
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ORDINANCE NO.__________________ Page 10
d. Review Criteria
In determining whether to approve, approve with modifications, or disapprove the
proposed Official Zoning Map amendment, the City Council shall consider the
following matters regarding the proposed amendment:
1) Consistency with the Comprehensive Plan;
2) Compatibility with the present zoning and conforming uses of nearby
property and with the character of the neighborhood;
3) Suitability of the property affected by the amendment for uses permitted by
the district that would be made applicable by the proposed amendment;
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;
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; and
6) Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use.
7) In addition, for proposed amendments to Historic Preservation Overlay
Districts, the City Council shall consider if the proposed amendment contains
property(ies) and an environmental setting which meets two or more of the
criteria for designation of a Historic Preservation Overlay District as
described in Section 5.10.C Criteria for Designation of Historic Preservation
Overlay Districts.
e. Effect of Historic Preservation Overlay District Zoning Upon Official
Public Records
Upon designation of a property with a Historic Preservation Overlay District, the
City Council shall cause the designation to be recorded in the Official Public
Records of Real Property of Brazos County, Texas, the tax records of the City of
College Station, and the Brazos County Appraisal District, as well as the official
zoning map of the City of College Station.
E. Limitation on Reapplication
If an application for rezoning is denied by the City Council, another application for
reclassification of the same property or any portion thereof shall not be considered within a
period of 180 days from the date of denial, unless the Planning and Zoning Commission finds
that one of the following factors are applicable:
1. There is a substantial change in circumstances relevant to the issues and/or facts
considered during review of the application that might reasonably affect the decision-
making body’s application of the relevant review standards to the development
proposed in the application;
2. New or additional information is available that was not available at the time of the
review that might reasonably affect the decision-making body’s application of the
relevant review standards to the development proposed;
3. A new application is proposed to be submitted that is materially different from the prior
application (e.g., proposes new uses or a substantial decrease in proposed densities
and intensities); or
4. The final decision on the application was based on a material mistake of fact
F. Repeal of a Single-Family Overlay District
A repeal of a single-family overlay district may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. By petition of sixty percent (60%) of the property owner(s) in the subject district.
175
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A repeal of a single-family overlay district is considered a rezoning and is subject to the
Zoning Map Amendment requirements herein.
176
ORDINANCE NO.__________________ Page 12
V.
That Chapter 12, “Unified Development Ordinance,” Section 3.9.A, “Building Permit, Building Permit
Required” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending
Section 3.9.A, “Building Permit, Building Permit Required” to read as follows:
3.9 Building Permit
A. Building Permit Required
No building or other structure shall hereafter be erected, moved,
added to, structurally altered, repaired, demolished, or occupancy
changed without a permit issued by the Building Official except in
conformity with the provisions of this section and the 2006
INTERNATIONAL BUILDING CODE as adopted and amended by the City,
unless otherwise provided for in the CITY OF COLLEGE STATION CODE OF
ORDINANCES. No Building Permit issued under the provisions of this
Article for land use or construction in the City shall be considered valid
unless signed by the Building Official.
Staff
Review
Application
Submittal
Building
Official
Completeness
Review
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ORDINANCE NO.__________________ Page 13
VI.
That Chapter 12, “Unified Development Ordinance,” Section 4.1, “Establishment of Districts,” of the Code of
Ordinances of the City of College Station, Texas, is hereby amended by amending Section 4.1,
“Establishment of Districts,” to read as follows:
4.1 Establishment of Districts
For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the
City, are hereby divided into the zoning, design, and overlay districts enumerated below. The
intensity regulations applicable for such zoning districts are designated in Article 5 and the use
regulations are designated in Article 6 of this UDO.
Residential Zoning Districts
A-O Agricultural-Open
A-OR Rural Residential Subdivision
R-1 Single-Family Residential
R-1B Single-Family Residential
R-2 Duplex Residential
R-3 Townhouse
R-4 Multi-Family
R-6 High Density Multi-Family
R-7 Manufactured Home Park
Non-Residential Zoning Districts
A-P Administrative / Professional
C-1 General Commercial
C-2 Commercial-Industrial
C-3 Light Commercial
M-1 Light Industrial
M-2 Heavy Industrial
C-U College and University
R & D Research & Development
Planned Districts
P-MUD Planned Mixed-Use District
PDD Planned Development District
Design Districts
WPC Wolf Pen Creek Development Corridor
NG-1 Core Northgate
NG-2 Transitional Northgate Northgate
NG-3 Residential Northgate
Overlay Districts
OV Corridor Overlay
RDD Redevelopment District
KO Krenek Tap Overlay
NPO Neighborhood Prevailing Overlay
NCO Neighborhood Conservation Overlay
HP Historic Preservation Overlay
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VII.
That Chapter 12, “Unified Development Ordinance,” Section 11.2, “Defined Terms,” of the Code of
Ordinances of the City of College Station, Texas, is hereby amended by amending Section 11.2, “Defined
Terms,” to add the following definitions:
11.2 Defined Terms
For the purpose of this UDO, certain words as used herein are defined as follows:
Historic Preservation Easement: An easement that protects a significant historic, archaeological, or
cultural resource. It provides assurance that a property’s intrinsic values will be preserved through future
ownership. A building, portion of a building (such as the façade), or a bridge, dam, or any other kind of
structure may qualify. A Historic Preservation Easement may also protect a historic landscape, battlefield,
traditional cultural place, or archaeological site.
Historic Preservation Overlay District definitions (applicable only in reference to Historic
Preservation Overlay district):
Association: Link of a property that contributes to a Historic Preservation Overlay District with a
historic event, activity, or person. Also, the quality of integrity through which a property is linked to a
particular past time and place.
Contributing Resource: A building, site, structure or object in a Historic Preservation Overlay District
that supports the District’s historical significance through Location, Design, Setting, Materials,
Workmanship, Feeling, or Association.
Design: Quality of integrity applying to the elements that create the physical form, plan, space,
structure, and style of a property.
Feeling: Quality of integrity through which a property that contributes to a Historic Preservation
Overlay District evokes the aesthetic or historic sense of past time and place.
Integrity: Authenticity of a property’s historic identity, evidenced by the survival of physical
characteristics that existed during the property’s historic or prehistoric period.
Location: Quality of integrity retained by a property that contributes to a Historic Preservation
Overlay District historic property existing in the same place as it did during the period of significance.
Materials: Quality of integrity applying to the physical elements that were combined or deposited in a
particular pattern or configuration to form a property that contributes to a Historic Preservation
Overlay District.
Non-Contributing Resource: A building, site, structure, or object in a Historic Preservation Overlay
District that does not support the District’s historical significance through Location, Design, Setting,
Materials, Workmanship, Feeling, or Association.
Setting: Quality of integrity applying to the physical environment of a property that contributes to a
Historic Preservation Overlay District.
Workmanship: Quality of integrity applying to the physical evidence of the crafts of a particular
culture, people, or artisan.
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VIII.
That Chapter 12, “Unified Development Ordinance,” Article 2, “Development Review Bodies,” of the Code
of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 2.4, “Landmark
Commission” (which will result in the renumbering of the existing Sections 2.4 – 2.8 to Section 2.5 – 2.9) to
read as follows:
2.4 Landmark Commission
A. Creation
A Landmark Commission is hereby established by the City of College Station for the purpose
of enhancing the City’s ability to identify and protect historically and/or culturally significant
districts, areas, sites, buildings, and structures by bringing expertise from the community in
those areas related to the designation of Historic Preservation Overlay Districts and
protection of the contributing elements within them.
B. Membership and Terms
1. The Landmark Commission shall consist of seven (7) regular members and two (2)
alternate members. Six (6) of the regular members and the two (2) alternate
members shall be appointed by the City Council. City Council shall apportion
membership according to the following fields of expertise or specialized knowledge:
a. One (1) member shall represent one of the following fields or professions:
1) History or
2) Archaeology
b. Two (2) members shall be the owners of the following:
1) Property in the City of College Station Historic Marker Program or
2) Property within a Historic Preservation Overlay District. If no Historic
Preservation Overlay District has yet been applied to property in the City of
College Station, a property owner(s) of land platted prior to 1970 may be
considered.
c. Two (2) members shall represent any combination of the following fields or
professions:
1) Architecture: an architect, previously registered architect, architect registered
in another state, or professor in the field of architecture;
2) Landscape architecture: a landscape architect, previously registered landscape
architect, landscape architect registered in another state, or professor in the
field of landscape architecture;
3) Urban planning: a certified planner, previously certified planner, a planner with
at least three (3) years of municipal planning experience, or professor in the
field of urban planning; or
4) Historical preservation specialist: an experienced professional who provides
technical and strategic expertise to promote the viability, reuse, and integrity
of historic buildings and/or property.
d. One (1) member shall represent one of the following fields or professions:
1) Banking, finance, or economics;
2) Real estate; or
3) Law.
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e. One (1) alternate shall represent the membership criteria identified above in
subsection b.
f. One (1) alternate shall represent any of the fields identified above in subsections
a, c, or d.
The seventh regular member shall be the Chairman of the Historic Preservation
Advisory Committee or his designee.
The City Council shall prioritize Landmark Commission candidates within each
subsection above by their demonstrated expertise and interest in historic preservation.
In the event any of the memberships assigned to a particular field of expertise or
specialized knowledge identified above in subsections a, b, c, or d cannot be timely
filled (in the judgment of the City Council) with a qualified candidate, the City Council
may appoint citizens-at-large that have demonstrated interest in historic preservation
to fill such places.
2. Members shall be appointed for three-year terms or until their successors are
appointed. Initially, one (1) member from subsection b and one (1) member from
subsection c shall have terms of only one (1) year; the members of subsections a and d
shall have terms of only two (2) years; and one member from subsection b and one
member from subsection c shall have terms of three (3) years. After the initial
appointments, two (2) members shall be appointed each year.
3. The Landmark Commission shall comply with the OPEN MEETINGS ACT.
C. Officers, Meetings, Quorum
1. Officers
A Chairperson shall be appointed annually by the City Council. The Commission shall
select a Vice-Chair from among its members, as needed.
2. Meetings
Members of the Landmark Commission shall meet monthly, as needed, and the
Chairperson shall designate the time and place of such meetings. All meetings of the
Commission where a quorum is present shall be open to the public.
3. Quorum
Four (4) members shall constitute a quorum for the transaction of any business. Any
recommendation or decision which does not receive a majority of positive votes shall be
deemed a negative report.
4. Rules of Proceeding
The Landmark Commission shall adopt its own rules of procedure.
5. Minutes
The Landmark Commission shall keep minutes of its proceedings, showing the vote,
indicating such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the Administrator and
shall be a public record.
D. Powers and Duties
The Landmark Commission shall have the following powers and duties:
1. Duties
a. Review and approve surveys conducted and maintained by the City that include an
inventory of significant historic, architectural, and cultural resources within the
City of College Station according to guidelines established by the Texas Historical
Commission;
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ORDINANCE NO.__________________ Page 17
b. Utilize such surveys to identify potential property appropriate for the application of
Historic Preservation Overlays;
c. Review and approve surveys conducted and maintained by the City that include an
inventory of all properties located within a Historic Preservation Overlay District
within the City of College Station;
d. Nominate properties to the National Register of Historic Places;
e. Establish an ad hoc three-person Economic Review Panel when a property owner
in a Historic Preservation Overlay District requests a Certificate of Demolition
based on the reason that no economically viable use of the property exists. The
Economic Review Panel must be comprised of three independent experts
knowledgeable in one or more of the following fields: the economics of real
estate, building renovation, or redevelopment. “Independent” as used in this
subparagraph means that the expert has no financial interest in the property, its
renovation, or redevelopment; is not an employee of the property owner; is not a
city employee; is not a member of the Landmark Commission; and is not
compensated for serving on the Economic Review Panel. The Economic Review
Panel must consist of one person selected by the Landmark Commission, one
person selected by the property owner, and one person selected by the first two
appointees. If the first two appointees cannot agree on a third appointee within
thirty (30) calendar days after submission of all of the required documentation
supporting the application, the third appointee will be selected by the
Administrator within five (5) days. Within thirty-five (35) calendar days after
submission of all of the required documentation supporting the application, all
appointments to the Economic Review Panel shall be made;
f. Act in an advisory role to the City Council of the City of College Station, all
appointed boards and commissions, and City departments regarding the protection
of local historic, architectural, and cultural resources;
g. Review and make recommendations to the appropriate County Historical
Commission of all proposed National Register nominations for properties within the
City of College Station; and
h. Prepare and submit annually to the City Council a report summarizing the work
completed during the previous year.
2. Recommendations
The Landmark Commission shall make recommendations to the Planning and Zoning
Commission subject to the terms and conditions set forth for such uses in this UDO for
the following:
a. The effective coordination of the various City departments, committees, and
boards, in implementing the Comprehensive Plan as it relates to historic
preservation;
b. The adoption of text amendments as they relate to the designation of Historic
Preservation Overlay Districts and the processes and standards for properties
within Historic Preservation Overlay Districts; and
c. The designation of Historic Preservation Overlay Districts.
The Landmark Commission shall make recommendations to the City Council for the
following:
d. The utilization of state, federal, or private funds to promote the preservation of
Historic Preservation Overlay Districts within the City of College Station, and
e. The acceptance of the dedication of Historic Preservation Easements for the
purpose of historic preservation.
3. Final Action
The Landmark Commission shall hear and take final action on the following:
a. Applications for Certificates of Appropriateness,
b. Applications for Certificates of Demolition, and
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c. Certifications of properties of Demolition by Neglect, notices to owners of certified
Demolition by Neglect properties, and referrals for enforcement.
E. Staff
The Administrator shall provide staff, including a Historic Preservation Officer, as needed, to
the Landmark Commission.
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ORDINANCE NO.__________________ Page 19
IX.
That Chapter 12, “Unified Development Ordinance,” Article 3, “Development Review Procedures”, of the
Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 3.9,
“Certificate of Appropriateness” and Section 3.10, “Certificate of Demolition” (which will result in the
renumbering of the existing Sections 3.9 – 3.19 to Section 3.11 – 3.21) to read as follows:
3.9 Certificate of Appropriateness
A. Applicability
1. Prior to any construction, reconstruction, alteration, restoration, or
rehabilitation of any structure or any property within a Historic
Preservation Overlay District, or any material change in the light
fixtures, signs, sidewalks, fences, steps, paving, or other exterior
elements visible from a public right-of-way that affects the
appearance and cohesiveness of any structure or any property
within a Historic Preservation Overlay District, an applicant must
obtain a Certificate of Appropriateness in accordance with this
Section.
2. No building permit shall be issued for proposed work within a
Historic Preservation Overlay District until a Certificate of
Appropriateness has first been issued as required by the UDO. The
Certificate of Appropriateness shall be in addition to and not in lieu
of any building permit that may be required by any other ordinance
of the City of College Station.
B. Application Requirements
A complete application for a Certificate of Appropriateness shall be submitted to the
Administrator as set forth in Section 3.1.C., Application Forms and Fees. The application shall
include, where applicable:
1. Detailed description of proposed work;
2. Proposed building plans (this will not constitute a building plan submittal for review for a
building permit);
3. Landscaping plans showing landscaping features and vegetation species, sizes, and
locations;
4. Landscape protection plans;
5. Location and photographs of the property and adjacent properties;
6. Elevation drawings of the proposed changes, if available;
7. Samples of materials to be used;
8. Specifications for architectural features and materials; and
9. Any other information that the Landmark Commission or Historic Preservation Officer
may deem necessary in order to visualize proposed work.
C. Certificate of Appropriateness Approval Process
Certificate of Appropriateness applications shall be processed in accordance with the following
requirements:
1. Preapplication Conference
Prior to the submission of an application for Certificate of Appropriateness, all potential
applicants may request a preapplication conference with the Administrator. The purpose
of the preapplication conference is to respond to any questions that the applicant may
have regarding any application procedures, standards, or regulations required by this
Staff
Review
Application
Submittal
Landmark
Commission
Completeness
Review
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ORDINANCE NO.__________________ Page 20
UDO; however, the preapplication conference does not fulfill the requirements for formal
review or submittal as set forth in this UDO.
2. Review and Report by the Historic Preservation Officer
Upon receipt of an application for a Certificate of Appropriateness, the Historic
Preservation Officer shall determine whether the application is to be reviewed under the
Standard Certificate of Appropriateness Review Procedure or the Routine Maintenance
Work Procedure. If the application is to be reviewed under the Standard Certificate of
Appropriateness Review Procedure, the following applies. If the application is to be
reviewed under the Routine Maintenance Work Procedure, the procedure in subsection E.
below will apply.
Under the Standard Certificate of Appropriateness Review Procedure, the Historic
Preservation Officer will review the application to determine if the proposed plan is
consistent with all applicable provisions of this UDO and the City’s Comprehensive Plan.
The Historic Preservation Officer will forward his report on the application to the
Landmark Commission with a recommendation for approval, denial or conditional
approval.
3. Review by the Landmark Commission
The Landmark Commission shall review the application in a public meeting and may
approve, approve with conditions or deny the application. If the Landmark Commission
requires additional information than that presented at a meeting, a decision may be
postponed until a specified date when the specified information may be provided. Notice
shall be provided by publication of the agenda of the meeting.
4. Final Action by the Landmark Commission
If the application is determined to be consistent with all applicable provisions of this
UDO, including the applicable district provisions of Section 5.10 Historic Preservation
Overlay District and the review criteria below, the Landmark Commission shall approve
the plan. A determination that all requirements and provisions have not been satisfied
shall result in disapproval of the plan.
D. Criteria for Approval of a Certificate of Appropriateness
The Landmark Commission shall approve a Certificate of Appropriateness if it finds:
1. For Contributing Resources:
a. The proposed work is consistent with any adopted design guidelines for the district,
The Secretary of the Interior’s Standards for Rehabilitation, The Secretary of the
Interior’s Guidelines for Rehabilitating Historic Buildings, Preservation Briefs, and all
related interpretative documents published by the US Department of Interior;
b. The proposed work will not have an adverse effect on the architectural features of
the structure;
c. The proposed work will not have an adverse effect on the Historic Preservation
Overlay district; and
d. The proposed work will not have an adverse effect on the future preservation,
maintenance, and use of the structure or the Historic Preservation Overlay District.
2. For Non-Contributing Resources: the proposed work is compatible with the Historic
Preservation Overlay District.
E. Certificate of Appropriateness Routine Maintenance Work Review Procedure
1. If, upon review of an application for a Certificate of Appropriateness, the Historic
Preservation Officer determines that an applicant is seeking a Certificate of
Appropriateness to authorize only routine maintenance work, the Historic Preservation
Officer shall review the Certificate of Appropriateness application to determine whether
the proposed work complies with the regulations contained in this Section and approve,
approve with conditions, or deny the application. The Historic Preservation Officer may
also forward the application to the Landmark Commission for any reason.
2. Routine Maintenance Work on a property is considered to be:
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a. The installation of a chimney located on an accessory building, or on the rear fifty
percent (50%) of a main building and not part of a corner side façade;
b. The installation of an awning located on an accessory building, or on the rear façade
of a primary structure;
c. The installation of a wood or chain link fence that is not painted or stained;
e. The installation of gutters and downspouts of a color that matches or compliments
the dominant trim or roof color;
f. The installation of skylights and solar panels;
g. The installation of storm windows and doors;
j. The restoration of original architectural elements;
3. The applicant may appeal the Historic Preservation Officer’s decision by submitting to
the Historic Preservation Officer a written request for appeal within ten (10) calendar
days of the decision. Upon the written request for appeal, the Landmark Commission
will review the application under the Standard Certificate of Appropriateness Review
Procedure.
F. Expiration of Approval
1. For plans that do not require the issuance of a building permit, work to complete the
plans shall commence and be completed within twenty-four (24) months from the date
of approval of the application. The Historic Preservation Officer may authorize a single
extension of a Certification of Appropriateness up to six (6) months upon demonstration
of substantial progress and the lack of changed or changing conditions in the area.
2. For plans that require the issuance of a building permit, if a building permit has not been
issued for the proposed work within twenty-four (24) months from the date of approval
of the application, the Historic Preservation Officer may authorize a single extension of a
Certification of Appropriateness up to six (6) months upon demonstration of the lack of
changed or changing conditions in the area. A Certification of Appropriateness shall be
valid as long as there is a valid building permit.
G. Appeals
An applicant for a Certification of Appropriateness dissatisfied with the action of the
Landmark Commission related to the issuance or denial of a Certification of Appropriateness
shall have the right to appeal to the City Council within ten (10) calendar days after the date
of such action. In considering an appeal, the City Council shall consider the same standards
and evidence that the Landmark Commission was required to consider in making the
decision.
H. Limitation on Reapplication
If a final decision is reached denying a Certificate of Appropriateness, no further applications
may be considered for the subject matter of the denied Certificate of Appropriateness for one
(1) year from the date of the final decision unlessthe Landmark Commission waives the time
limitation because the Landmark Commission finds that there are changed circumstances
sufficient to warrant a new hearing.
I. Revocation
The Historic Preservation Officer may, in writing, revoke a Certificate of Appropriateness if:
1. The Certificate of Appropriateness was issued on the basis of incorrect information
supplied by the applicant, or
2. The work is not performed in accordance with the Certificate of Appropriateness.
J. Amendment to a Certificate of Appropriateness
A Certificate of Appropriateness may be amended by submitting a new Certificate of
Appropriateness application to the Historic Preservation Officer. The application shall then be
subject to either the Standard Certificate of Appropriateness Review Procedure or the Routine
Maintenance Work Procedure.
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K. Ordinary Maintenance
Other than the Routine Maintenance Work listed above, a Certificate of Appropriateness shall
not be required for the ordinary maintenance and repair of any exterior architectural feature
of a property within a Historic Preservation Overlay District which does not involve a change
in design, material, or outward appearance such as:
1. The replacement of a roof of the same or an original material that does not include a
change in color;
2. The application of paint that is the same as the existing;
3. Minor repair using the same material and design as the original;
4. The repair of sidewalks and driveways using the same type and color of materials;
5. The process of cleaning (including but not limited to low-pressure water blasting and
stripping, but excluding sandblasting and high-pressure water blasting); and
6. The painting, replacing, duplicating, or stabilizing deteriorated or damaged non-original
architectural features (including but not limited to roofing, windows, columns, and
siding) in order to maintain the structure and to slow deterioration.
F. Temporary Emergency Repairs
If the Building Official determines that a building or structure in a Historic Preservation
Overlay District poses an immediate threat to persons or property, the Building Official may
take any action authorized under the CITY OF COLLEGE STATION CODE OF ORDINANCES to make the
building or structure safe without the requirement of a Certification of Appropriateness. The
Building Official shall send a written report of such actions to the Landmark Commission.
3.10 Certificate of Demolition
A. Applicability
1. Prior to any demolition or removal of any structure or portion
thereof on any property within a Historic Preservation Overlay
District, an applicant must obtain a Certificate of Demolition in
accordance with this Section.
2. No building permit shall be issued for proposed work within a
Historic Preservation Overlay District until a Certificate of
Demolition required by the UDO has first been issued by the
Landmark Commission. The Certificate of Demolition shall be in
addition to, and not in lieu of, any building permit that may be
required by any other ordinance of the City of College Station.
3. No permit for the demolition of a structure or property within a
Historic Preservation Overlay District, including secondary buildings
and landscape features, shall be granted by the Building Official
without the review of a completed application for and approval of a
Certificate of Demolition by the Landmark Commission.
B. Application Requirements
A property owner seeking demolition or removal of a structure,
including secondary buildings and landscape features, on a property in
a Historic Preservation Overlay District shall submit a complete
application for a Certificate of Demolition to the Administrator as set
forth in Section 3.1.C., Application Forms and Fees. The application
shall include:
1. An affidavit in which the owner swears or affirms that all information submitted in the
application is true and correct.
2. An indication that the demolition or removal is sought for one or more of the following
reasons:
Staff
Review
Application
Submittal
Landmark
Commission
Completeness
Review
Economic Review
Panel (when
necessary)
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ORDINANCE NO.__________________ Page 23
a. To replace the structure with a new structure that is more appropriate and
compatible with the Historic Preservation Overlay District;
b. No economically viable use of the property exists;
c. The structure poses an imminent threat to public health or safety; or
d. The structure is noncontributing to the Historic Preservation Overlay District because
it is newer than the period of historic significance.
3. An application “To replace the structure with a new structure that is more appropriate
and compatible with the Historic Preservation Overlay District” shall also include:
a. Records depicting the original construction of the structure, including drawings,
pictures, or written descriptions where available;
b. Records depicting the current condition of the structure, including drawings,
pictures, or written descriptions;
c. Any conditions proposed to be placed voluntarily on the new structure that would
mitigate the loss of the structure;
d. Complete architectural drawings of the new structure; and
e. A guarantee agreement between the owner and the City that demonstrates the
owner’s intent and financial ability to construct the new structure. The guarantee
must:
1) Contain a statement of intent to construct the proposed structure by a specific
date in accordance with architectural drawings approved by the City through
the Certificate of Appropriateness process;
2) Require the owner or construction contractor to post a performance and
payment bond, letter of credit, escrow agreement, cash deposit, or other
arrangement acceptable to the Administrator to ensure construction of the new
structure; and
3) Be approved as to form by the City Attorney.
4. An application that “No economically viable use of the property exists” shall also include:
a. The past and current uses of the structure and property;
b. The name of the owner.
1) If the owner is a legal entity, the type of entity and states in which it is
registered.
2) The date and price of purchase or other acquisition of the structure and
property, and the party from whom acquired, and the owner’s current basis in
the property.
3) The relationship, if any, between the owner and the party from whom the
structure and property were acquired. (If one or both parties to the transaction
were legal entities, any relationships between the officers and the board of
directors of the entities must be specified.);
4) The assessed value of the structure and property according to the two most
recent tax assessments;
5) The amount of real estate taxes on the structure and property for the previous
two (2) years;
6) The current fair market value of the structure and property as determined by
an independent licensed appraiser;
7) All appraisals obtained by the owner and prospective purchasers within the
previous two (2) years in connection with the potential or actual purchase,
financing, or ownership of the structure and property;
8) All listings of the structure and property for sale or rent within the previous two
(2) years, prices asked, and offers received;
9) A profit and loss statement for the property and structure containing the annual
gross income for the previous two (2) years; itemized expenses (including
operating and maintenance costs) for the previous two (2) years, including
proof that adequate and competent management procedures were followed;
the annual cash flow for the previous two (2) years; and proof that the owner
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ORDINANCE NO.__________________ Page 24
has made reasonable efforts to obtain a reasonable rate of return on the
owner's investment and labor;
10) A mortgage history of the property during the previous five (5) years, including
the principal balances and interest rates on the mortgages and the annual debt
services on the structure and property;
11) All capital expenditures during the current ownership;
12) Records depicting the current conditions of the structure and property, including
drawings, pictures, or written descriptions;
13) A study of restoration of the structure or property, performed by a licensed
architect, engineer or financial analyst, analyzing the physical feasibility
(including architectural and engineering analyses) and financial feasibility
(including pro forma profit and loss statements for a ten (10) year period,
taking into consideration redevelopment options and all incentives available) of
adaptive use of restoration of the structure and property;
14) Any consideration given by the owner to profitable adaptive uses for the
structure and property;
15) Construction plans for any proposed development or adaptive reuse, including
site plans, floor plans, and elevations;
16) Any conditions proposed to be placed voluntarily on new development that
would mitigate the loss of the structure; and
17) Any other evidence that shows that the affirmative obligation to maintain the
structure or property makes it impossible to realize a reasonable rate of return.
5. An application to demolish or remove a structure that “Poses an imminent threat to
public health or safety” shall also include:
a. Records depicting the current condition of the structure, including drawings,
pictures, or written descriptions;
b. A study regarding the nature, imminence, and severity of the threat, as performed
by a licensed architect or engineer; and
c. A study regarding both the cost of restoration of the structure and the feasibility
(including architectural and engineering analyses) of restoration of the structure, as
performed by a licensed architect or engineer.
6. An application to demolish or remove a structure that is “Noncontributing to the Historic
Preservation Overlay District because the structure is newer than the period of historic
significance” shall also provide:
a. Documentation that the structure is noncontributing to the Historic Preservation
Overlay District;
b. Documentation of the age of the structure; and
c. A statement of the purpose of the demolition.
7. Any other evidence the property owner wishes to submit in support of the application.
8. Any other evidence requested by the Landmark Commission or the Historic Preservation
Officer.
C. Certificate of Demolition Approval Process
Certificate of Demolition applications shall be processed in accordance with the following
requirements:
1. Preapplication Conference
Prior to the submission of an application for Certificate of Demolition, all potential
applicants may request a preapplication conference with the Administrator. The purpose
of the preapplication conference is to respond to any questions that the applicant may
have regarding any application procedures, standards, or regulations required by this
UDO; however, the preapplication conference does not fulfill the requirements for formal
review or submittal as set forth in this UDO.
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ORDINANCE NO.__________________ Page 25
2. Application
When a complete application for a Certificate of Demolition has been submitted to the
City, the application will begin a mandatory sixty (60) day stay of demolition. The
Certificate of Demolition approval process will continue concurrently with the stay of
demolition, but the Landmark Commission shall not take final action before the stay of
demolition has expired.
3. Review and Report by the Historic Preservation Officer
If the application is determined to be consistent with all applicable provisions of this
UDO and the City’s Comprehensive Plan, or if the application is recommended for denial
or conditional approval, the Historic Preservation Officer shall report such consistency,
inconsistency, or proposed conditions to the Landmark Commission.
4. Review by an Economic Review Panel
For an application that “No economically viable use of the property exists”, within thirty-
five (35) days after appointment of the Economic Review Panel as provided in Section
2.4, the Economic Review Panel shall review the submitted documentation; hold a public
hearing; consider all options for renovation, adaptive reuse, and redevelopment; and
forward a written recommendation to the Landmark Commission. The Historic
Preservation Officer shall provide administrative support to the Economic Review Panel.
The Economic Review Panel’s recommendation shall be based on the same standard for
approval to be used by the Landmark Commission. An application that no economically
viable use of the property exists will not be considered complete until the Economic
Review Panel has made its recommendation to the Landmark Commission. If the
Economic Review Panel is unable to reach a consensus, the report will indicate the
majority and minority recommendations. If the Economic Review Panel does not meet
within thirty-five (35) days after appointment, a recommendation of no economically
viable use of the property will be forwarded to the Landmark Commission.
5. Review by the Landmark Commission
The Landmark Commission shall review the application for Certificate of Demolition in a
public meeting and may approve, approve with conditions, or deny the application. If
the Landmark Commission requires additional information than that presented at a
meeting, a decision may be postponed until a specified date when the specified
information may be provided. Notice shall be provided by publication of the agenda of
the meeting.
6. Final Action by the Landmark Commission
If the application is determined to be consistent with all applicable provisions of this
UDO, including the applicable district provisions of Section 5.10 Historic Preservation
Overlay District, and the review criteria below, the Landmark Commission shall approve
the plan. A determination that all such requirements and provision have not been
satisfied shall result in disapproval of the plan. The property owner has the burden of
proof to establish by clear and convincing evidence the necessary facts to warrant
favorable action by the Landmark Commission.
D. Criteria for Approval of a Certificate of Demolition
In considering an application for a Certificate of Demolition, the Landmark Commission shall
deny the application unless it makes the following findings:
1. The Landmark Commission shall deny an application for a Certificate of Demolition to
replace a structure with a new structure unless it finds that:
a. The new structure is more appropriate and compatible with the Historic Preservation
Overlay District than the structure to be demolished or removed; and
b. The owner has the financial ability and intent to build the new structure. The
Landmark Commission must first approve the Certificate of Appropriateness for the
proposed new structure and the guarantee agreement to construct the new
structure before it may consider the application for a Certificate of Demolition.
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2. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure because of no economically viable use of the property unless it finds
that:
a. The structure is incapable of earning a reasonable economic return unless the
demolition or removal is allowed (a reasonable economic return does not have to be
the most profitable return possible);
b. The structure cannot be adapted for any other use, whether by the owner or by a
purchaser, which would result in a reasonable economic return; and
c. The owner has failed during the last two (2) years to find a developer, financier,
purchaser, or tenant that would enable the owner to realize a reasonable economic
return, despite having made substantial ongoing efforts to do so.
3. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure that poses an imminent threat to public health or safety unless it
finds that:
a. The structure constitutes a documented major and imminent threat to public health
and safety;
b. The demolition or removal is required to alleviate the threat to public health and
safety; and
c. There is no reasonable way, other than demolition or removal, to eliminate the
threat in a timely manner.
4. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure that is noncontributing to the Historic Preservation Overlay District
because it is newer than the period of historic significance unless it finds that:
a. The structure is noncontributing to the Historic Preservation Overlay District;
b. The structure is newer than the period of historic significance for the Historic
Preservation Overlay District; and
c. Demolition of the structure will not adversely affect the historic character of the
property or the integrity of the Historic Preservation Overlay District.
E. Appeals
1. Any interested person may appeal the decision of the Landmark Commission to the City
Council by filing a written notice with the Administrator within ten (10) calendar days
after the decision of the Landmark Commission. If no appeal is made of a decision to
approve a Certificate of Demolition within the 10-day period, the Building Official shall
issue the permit to allow demolition or removal. If an appeal is filed, the City Council
shall hear and decide the appeal within sixty-five (65) calendars days of its filing.
2. In considering an appeal, the City Council shall consider the same standards and
evidence that the Landmark Commission was required to consider in making the
decision.
F. Limitation on Reapplication
If a final decision is reached denying a Certificate of Demolition, no further applications may
be considered for the subject matter of the denied Certificate of Demolition for one (1) year
from the date of the final decision unless the Landmark Commission waives the time
limitation because the Landmark Commission finds that there are changed circumstances
sufficient to warrant a new hearing.
G. Expiration of Approval
A Certificate of Demolition expires if the work authorized by the Certificate of Demolition is
not commenced within 180 days from the date of final approval. A final, one-time extension
for the commencement of work of 90 days may be granted by the Administrator upon written
request by the applicant showing circumstances beyond the control of the applicant. If the
Certificate of Demolition expires, a new Certificate of Demolition must first be obtained before
the work can commence.
191
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H. Demolition by Neglect
1. Prohibition
No owner or person with an interest in real property included within a Historic
Preservation Overlay District shall permit the property to fall into a serious state of
disrepair so as to result in the deterioration of any exterior architectural feature or
structural compromise which would, in the judgment of the Landmark Commission,
produce a detrimental effect upon the character of the Historic Preservation Overlay
District as a whole or the life and character of the property itself. Examples of such
deterioration include, but are not limited to:
· Deterioration of the foundation.
· Deterioration of floor supports or the addition of floor supports that are insufficient
to carry the loads imposed.
· Deterioration of walls, windows, doors, or other vertical supports, or the addition of
such supports that are of insufficient size or strength to carry the loads imposed.
· Deterioration of roof or other horizontal members.
· Deterioration of exterior chimneys.
· Deterioration or crumbling of exterior stucco or mortar.
· Ineffective waterproofing of exterior walls, roof, or foundations, including broken
windows or doors.
· Defective weather protection or lack of weather protection for exterior wall
coverings, including lack of paint or other protective coating.
· Any fault, defect, or condition in the structure that renders it structurally unsafe or
not properly watertight.
· Deterioration of any feature so as to create a hazardous condition which could lead
to the claim that demolition is necessary for the public safety.
2. Procedure
a. Purpose
The purpose of the Demolition by Neglect procedure is to allow the Landmark
Commission to work with the property owner to encourage maintenance and
stabilization of the structure and identify resources available before any enforcement
action is taken.
b. Request for investigation
Any interested party may request that the Historic Preservation Officer investigate
whether a property is being Demolished by Neglect.
c. First meeting with the property owner
Upon receipt of a request, the Historic Preservation Officer and City Building Official
shall meet with the property owner or the property owner’s agent with control of the
structure to inspect the structure and discuss the resources available for financing
any necessary repairs. After the meeting, the Historic Preservation Officer shall
prepare a report for the Landmark Commission on the condition of the structure, the
repairs needed to maintain and stabilize the structure, any resources available for
financing the repairs, and the amount of time needed to complete the repairs.
d. Certification and notice
After review of the report in a public meeting, the Landmark Commission may vote
to certify the property as a Demolition by Neglect case. If the Landmark
Commission certifies the structure as a Demolition by Neglect case, the Landmark
Commission shall notify the property owner or the property owner’s agent with
control over the structure of the repairs that must be made. The notice must
require that repairs be started within thirty (30) days and set a deadline for
completion of the repairs. The notice shall be sent by certified mail.
e. Second meeting with the property owner
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ORDINANCE NO.__________________ Page 28
The Historic Preservation Officer and the City Building Official shall meet with the
property owner or the property owner’s agent with control over the structure at least
within sixty (60) days after the notice was sent to inspect any repairs.
f. Referral for enforcement
If the property owner or the property owner’s agent with control over the structure
fails to start repairs by the deadline set in the notice, fails to make continuous
progress toward completion, or fails to complete repairs by the deadline set in the
notice, the Landmark Commission may refer the Demolition by Neglect case to the
City’s Code Enforcement Division for appropriate enforcement action to prevent
Demolition by Neglect.
I. Demolition by Condemnation
Reasonable attempts to engage a property owner in a Demolition by Neglect procedure shall
be made when there is concern for the deterioration of a structure, but when a structure or
equipment is found by the City Building Official to be a dangerous structure, the provisions of
the City of College Station Code of Ordinances regulating dangerous structures will apply.
J. Historic Preservation Fund
1. The City of College Station, in cooperation with community organizations, shall develop
appropriate funding structures and shall administer the historic preservation fund.
2. The historic preservation fund is composed of the following funds:
a. Outside funding (other than City general funds or capital funds), such as grants and
donations, made to the City for the purpose of historic preservation and funding
partnerships with community organizations.
b. Damages recovered pursuant to TEXAS LOCAL GOVERNMENT CODE SECTION 315.006 from
persons who illegally demolish or adversely affect historic structures.
3. The outside funding may be used for financing the following activities:
a. Necessary repairs in Demolition by Neglect cases;
b. Full or partial restoration of low-income residential and nonresidential structures;
c. Full or partial restoration of publicly owned historic structures;
d. Acquisition of historic structures, places, or areas through gift or purchase;
e. Public education of the benefits of historic preservation or the regulations governing
Historic Preservation Overlay Districts; and
f. Identification and cataloging of structures, places, areas, and districts of historical,
cultural, or architectural value along with factual verification of their significance.
4. Damages recovered pursuant to Texas Local Government Code Section 315.006 must be
used only for the following purposes:
a. Construction, using as many of the original materials as possible, of a structure that
is a reasonable facsimile of a demolished historic structure;
b. Restoration, using as many of the original materials as possible, of the historic
structure; and
c. Restoration of another historic structure.
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XI.
That Chapter 12, “Unified Development Ordinance,” Article 5, “District Purpose Statements and
Supplemental Standards”, of the Code of Ordinances of the City of College Station, Texas, is hereby
amended by adding Section 5.10, “Historic Preservation Overlay District” to read as follows:
5.10 Historic Preservation Overlay District
A. Purpose
The Historic Preservation Overlay District is intended to provide for the protection and
preservation of places and areas of historical, cultural, and architectural importance and
significance. Such action is necessary to promote the economic, cultural, educational,
and general welfare of the public. Specifically, this district has the following expressed
purposes:
1. To protect and enhance the landmarks and districts which represent distinctive
elements of College Station’s historic, architectural, and cultural heritage;
2. To foster civic pride in the accomplishments of the past;
3. To protect and enhance College Station’s attractiveness to visitors and the support
and stimulus to the economy thereby provided;
4. To insure the harmonious, orderly, and efficient growth and development of the City;
5. To promote economic prosperity and welfare of the community by encouraging the
most appropriate use of such property within the City; and
6. To encourage stabilization, restoration, and improvements of such properties and
their values.
B. Applicability
The Historic Preservation Overlay District may be applied to districts, areas, or individual
property, regardless of the base zoning district or current use of the property(ies), that:
1. Are at least forty (40) years old;
2. Meet at least two (2) of the criteria listed below; and
3. Possess integrity that is evident through historic qualities including Location, Design,
Setting, Materials, Workmanship, Feeling, and Association.
C. Criteria for Designation of Historic Preservation Overlay Districts
A property or district may be designated if it:
1. Possesses significance in history, architecture, archeology, and culture;
2. Is associated with events that have made a significant contribution to the broad
patterns of local, regional, state, or national history;
3. Is associated with events that have made a significant impact in our past;
4. Embodies the distinctive characteristics of a type, period, or method of construction;
5. Represents the work of a master designer, builder, or craftsman;
6. Represents an established and familiar visual feature of the neighborhood or city; or
7. Is eligible for listing on the National Register of Historic Places, Recorded Texas
Historic Landmark, or a State Archaeological Landmark, as determined by the Texas
Historical Commission.
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D. Removal of a Historic Preservation Overlay District
Upon recommendation of the Landmark Commission to the Planning and Zoning
Commission based upon new and compelling evidence and negative evaluation according
to the same criteria and following the same procedures set forth in this UDO for
designation, the Planning and Zoning Commission may recommend to the City Council
and the City Council may remove an Historic Preservation Overlay District made under
this section.
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XII.
That Chapter 12, “Unified Development Ordinance,” Article 10, “Enforcement”, of the Code of
Ordinances of the City of College Station, Texas, is hereby amended by adding Section 10.5, “Specific
Penalties for Certificates of Appropriateness and Certificates of Demolition” to read as follows:
10.5 Specific Penalties for Certificates of Appropriateness and Certificates of Demolition
A. A person is criminally responsible for a violation of Sections 3.9 Certificate of
Appropriateness and 3.10 Certificate of Demolition if:
1. The person owns part or all of the property where the violation occurs,
2. The person is the agent of the owner of the property and is in control of the property,
or
3. The person commits the violation or assists in the commission of the violation.
B. Any person who adversely affects or demolishes a structure on property in a historic
overlay district in violation of Sections 3.9 Certificate of Appropriateness and 3.10
Certificate of Demolition is liable pursuant to TEXAS LOCAL GOVERNMENT CODE SECTION
315.006 for damages to restore or replicate, using as many of the original materials as
possible, the structure to its appearance and setting prior to the violation. No Certificates
of Appropriateness or building permits will be issued for construction on the site except to
restore or replicate the structure. When these restrictions become applicable to a site,
the Administrator shall cause to be filed a verified notice in the county deed records and
these restrictions shall be binding on future owners of the property. These restrictions
are in addition to any fines imposed.
C. Prosecution in municipal court for an offense under this Section does not prevent the use
of other enforcement remedies or procedures provided by other City ordinances or state
of federal laws applicable to the person(s) charged with or the conduct involved in the
offense.
196
September 11, 2008
Regular Agenda Item No. 8
Oakland Ridge Rezoning
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
rezoning 34.06 acres from A-O, Agricultural-Open to R-1, Single Family Residential (17.48)
acres, R-3, Townhouse (10.09 acres), and R-4, Multi-Family Residential (6.49 acres) located off
Jones-Butler Road and near Cain Road, adjacent to the Las Palomas Subdivision.
Recommendation(s): The Planning and Zoning Commission unanimously recommended
approval in their August 21, 2008 meeting. Staff also recommended approval.
Summary: REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: This property is currently undergoing a
Comprehensive Plan Amendment which was recommended for approval by the City of
College Station Planning and Zoning Commission on July 17, 2008. It is scheduled to be
heard by City Council on August 18, 2008. The proposed amendment will allow the uses
approved on the Master Plan to be in compliance with the Comprehensive Plan.
2. Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The surrounding properties consist of
grandfathered duplexes zoned A-O (Las Palomas Subdivison), a future R-1 development
(Great Oaks Subdivison), undeveloped A-O property, and Jones-Butler Road. The proposed
rezoning of the subject property will be compatible with the urban density development that
is taking place to the south and west of this property.
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 subject property is
sufficiently large enough with direct access to Jones Butler for the mix of uses proposed with
this rezoning. The proposed uses were approved with the Master Plan for the development
when it began developing in the Extra-Territorial Jurisdiction, and outside the City’s land use
authority.
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
is suitable for agricultural uses and could continued to be used as such; however, the platting
of the process for single-family development has already begun and may proceed because of
grandfathered allowances in state annexation laws.
5. Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
marketability will not be affected by this proposed rezoning. The uses have been approved
with the Master Plan, and may therefore be developed without rezoning.
6. Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: The subject property is located adjacent to a
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12-in City of College Station sanitary sewer main. The subject property is located outside of
the City’s water service area; however, staff understands that Wellborn Water has an 8-in
water main located adjacent to this property and plans to serve this development. The subject
property plans to utilize a detention basin which is located near the southwest portion of the
tract. The detention basin was originally built with the Las Palomas Subdivision. The
subject property will take access to Jones Butler (Major Collector).
Budget & Financial Summary: N/A
Attachments:
1. Item Background
2. Draft Planning and Zoning Commission Minutes, July 17, 2008
3. Ordinance
198
NOTIFICATIONS
Advertised Commission Hearing Date: August 21, 2008
Advertised Council Hearing Dates: September 11, 2008
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:
None.
Property owner notices mailed: 30
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 2
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Rural Residential A-O Agricultural
South Rural Residential A-O Las Palomas - duplexes
East Major Collector N/A - Thoroughfare Jones-Butler Road
West Single- Family Medium
Density R-1B Great Oaks - vacant
DEVELOPMENT HISTORY
Annexation: March 2008
Zoning: A-O, Agricultural Open
Final Plat: Approved by the Planning and Zoning Commission on 11/01/2007,
but has not been filed for record
Site development: vacant
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MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, July 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer,
Doug Slack, Hugh Stearn and Thomas Woodfin
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: Larry Stewart
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Boyer,
Staff Planners Jason Schubert and Lauren Hovde, Assistant City Engineer Josh Norton,
Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, Director Bob
Cowell, Assistant Director Lance Simms, Planning Administrator Molly Hitchcock, First
Assistant City Attorney Carla Robinson, Action Center Representative Kerry Mullins and
Staff Assistant Brittany Caldwell
1. Call Meeting to Order.
Public hearing, presentation, possible action, and discussion regarding an amendment
to the Comprehensive Land Use Plan, from Rural Residential to Single Family
Residential Medium Density, Single Family Residential High Density, Residential
Attached, and Planned Development for a mix of commercial uses, for 39.873 acres
located off Jones-Butler Road and near Cain Road, adjacent to the Las Palomas
Subdivision. Case #08-00500130 (LB)
Lindsay Boyer, Senior Planner, presented the Comprehensive Plan Amendment
and recommended approval.
Commissioner Stearns asked if there were issues of connectivity onto Jones
Butler Road and if there were buffer requirements between the different uses.
Ms. Boyer stated that there were two access points onto Jones Butler Road that
meet spacing requirements and a buffer was not required because of the Right-of-
Way on the preliminary plat that separates all three uses.
Chairman Nichols asked why the applicant chose a PDD zoning rather than C-1,
General Commercial.
200
Chairman Nichols opened the public hearing.
David Borsack, applicant, stated that he chose the PDD zoning because he did not
want uses on the property that C-1, General Commercial allows.
Chairman Nichols closed the public hearing.
Commissioner Bauman motioned to recommend approval of the
Comprehensive Plan Amendment. Commissioner Woodfin seconded the
motion, motion passed (6-0).
201
ORDINANCE NO. _____
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 CHANGING THE ZONING DISTRICT
BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as
set out in Exhibit “A”, attached hereto and made a part of this ordinance for all
purposes.
PART 2: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted
to continue, shall be deemed a separate offense. Said Ordinance, being a penal
ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 11th day of September, 2008.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
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EXHIBIT “A”
That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
I.
The following property is rezoned from A-O, Agricultural Open to R-1, Single-Family
Residential:
BEING A 17.48 ACRE TRACT LYING AND BEING SITUATED IN THE CRAWFORD
BURNETT SURVEY – ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY,
TEXAS, AND BEING A PORTION OF THAT CERTAIN 39.893 ACRE TRACT CONVEYED
TO DAVID S. BORSACK BY DEED RECORDED IN VOLUME 3350, PAGES 238 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT “B”,
AND GRAPHICALLY SHOWN IN EXHIBIT “E”.
II.
The following property is rezoned from A-O, Agricultural Open to R-3, Townhouse:
BEING A 10.09 ACRE TRACT LYING AND BEING SITUATED IN THE CRAWFORD
BURNETT SURVEY – ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY,
TEXAS, AND BEING A PORTION OF THAT CERTAIN 39.893 ACRE TRACT CONVEYED
TO DAVID S. BORSACK BY DEED RECORDED IN VOLUME 3350, PAGES 238 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT “C”,
AND GRAPHICALLY SHOWN IN EXHIBIT “E”.
III.
The following property is rezoned from A-O, Agricultural Open to R-4, Multi-Family:
BEING A 6.49 ACRE TRACT LYING AND BEING SITUATED IN THE CRAWFORD
BURNETT SURVEY – ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY,
TEXAS, AND BEING A PORTION OF THAT CERTAIN 39.893 ACRE TRACT CONVEYED
TO DAVID S. BORSACK BY DEED RECORDED IN VOLUME 3350, PAGES 238 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT “D”,
AND GRAPHICALLY SHOWN IN EXHIBIT “E”.
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EXHIBIT “B”
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EXHIBIT “C”
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EXHIBIT “D”
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EXHIBIT “E”
210
September 11, 2008
Regular Agenda Item No. 9
Ordinance Increasing Atmos Rates
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding an ordinance
approving an increase in rates for Atmos Energy pursuant to the Rate Review Mechanism
tariff approved earlier this year.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: The City of College Station, along with 150 other cities served by Atmos Energy
Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering
Committee ("ACSC"). On April 14, 2008, Atmos filed with the City an application to
increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved
by the City earlier this year. The Company's April RRM filing seeks a $33.5 million rate
increase. The City worked with ACSC to analyze the schedules and evidence offered by
Atmos to support its request to increase rates.
The Ordinance and attached tariff approving rates that will increase the Company's
revenues by $20 million effective October 1, 2008, are the result of negotiation between
ACSC and the Company to resolve issues raised by ACSC during the review and evaluation
of ACSC's RRM filing. The monthly bill impact for the average residential customer is $0.81.
The ACSC Executive Committee recommends that all ACSC cities adopt the ordinance
implementing the rate change.
The RRM tariff was approved by cities as part of the settlement agreement to resolve Atmos'
2007 rate increase case. Atmos' rate request represents the first filing pursuant to the
three-year trial project known as the RRM process. The RRM process was created
collaboratively by the Steering Committee and Atmos as an alternative to the GRIP
surcharge process. The RRM process allows for a more comprehensive rate review and
annual adjustment that will function as a substitute for future GRIP filings during the three-
year trial period specified by the tariff.
Budget & Financial Summary: The monthly bill impact for the average residential
customer is $0.81.
Attachments:
1. Ordinance
2. Tariffs “Attachment A”
3. Proof of Revenue “Attachment B”
4. Model Staff Report
5. Rate Review Mechanism Fact Sheet
6. Memorandum from Rate Case Consultants Lloyd Gosselink Attorneys at Law
211
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE
ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX
DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE
COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING
ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE
RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A
SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of College Station, Texas ("City") is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined
together to facilitate the review and response to natural gas issues affecting rates charged in the
Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities");
and
WHEREAS, Atmos and ACSC Cities have been in continuing disagreement, dispute, and
litigation over the implementation of GRIP surcharges pursuant to Section 104.301 of the Texas
Utilities Code; and
WHEREAS, as part of the negotiations to resolve Atmos' 2007 rate case, ACSC Cities and the
Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that
allows for an expedited rate review process controlled by Cities as a substitute to the current
GRIP process instituted by the Legislature; and
WHEREAS, the City took action earlier this year to approve a Settlement Agreement with
Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and
WHEREAS, on or about April 14, 2008, Atmos Mid-Tex filed with the City its first application
pursuant to the RRM tariff to increase natural gas rates by approximately $33.5 million, such
increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex
Division; and
212
ORDINANCE NO. ______________ 2
WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a
Negotiation Committee made up of ACSC representatives and assisted by ACSC attorneys and
consultants to resolve issues identified by ACSC in the Company’s RRM filing; and
WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be
changed; and
WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos is able to justify
a rate increase of $19.8 million; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants,
recommends ACSC members approve the attached rate tariffs ("Attachment A" to this
Ordinance) that will increase the Company's revenue requirement by $20 million; and
WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues
("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by
ACSC Cities (including but not limited to a reduction of the residential customer monthly charge
to $7.00 per month) and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any
Settlement Agreement that Atmos enters into with other entities arising out of its RRM or any
associated appeals of a decision entered by the Railroad Commission regarding the Company's
request to increase rates. The ACSC Cities’ acknowledge that the exercise of this right is
conditioned upon the ACSC Cities’ acceptance of all rates, revenues, terms and conditions of any
other Settlement Agreement or associated appeals arising out of the Company’s RRM filing in
toto; and
WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are,
as a whole, is in the public interest; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the City Council finds that the existing rates for natural gas service provided
by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' proof of
revenues, which are attached hereto and incorporated herein as Attachments A
and B, are just and reasonable and are hereby adopted.
Section 3. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
Section 4. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
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ORDINANCE NO. ______________ 3
Section 5. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the
remaining provisions of this Ordinance and the remaining provisions of the
Ordinance shall be interpreted as if the offending section or clause never existed.
Section 6. That if ACSC Cities determine any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent negotiated settlement
approved in any proceeding addressing the issues raised in Atmos' RRM filing
would be more beneficial to the ACSC Cities than the terms of the attached tariff,
then the more favorable rates, revenues, terms and conditions, or benefits shall
additionally accrue to the ACSC Cities. Exercise of this right is conditioned upon
ACSC Cities' acceptance of all rates, revenues, terms and conditions of any other
Settlement Agreement or associated appeals arising out of the Company’s RRM
filing in toto.
Section 7. That this Ordinance shall become effective from and after its passage with rates
authorized by attached Tariffs to be effective for customer bills delivered on or
after October 1, 2008.
Section 8. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation,
5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay,
General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O.
Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this _______ day of __________________, 2008.
_________________________________
Mayor
ATTEST:
__________________________________
City Secretary
APPROVED AS TO FORM:
E-Signed by Harvey Cargill
VERIFY authenticity with ApproveIt
___________________________________
City Attorney
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ATTACHMENT B
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Atmos RRM Ordinance Staff Report 1
MODEL STAFF REPORT
The City, along with 150 other cities served by Atmos Energy Mid-Tex Division
("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On
April 14, 2008, Atmos filed with the City an application to increase natural gas rates pursuant to
the Rate Review Mechanism ("RRM") tariff approved by the City earlier this year. The
Company's April RRM filing seeks a $33.5 million rate increase. The City worked with ACSC
to analyze the schedules and evidence offered by Atmos to support its request to increase rates.
The Ordinance and attached tariff approving rates that will increase the Company's revenues by
$20 million effective October 1, 2008, are the result of negotiation between ACSC and the
Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM
filing. The monthly bill impact for the average residential customer is $0.81. The ACSC
Executive Committee recommends that all ACSC cities adopt the ordinance implementing the
rate change.
RRM Background:
The RRM tariff was approved by cities as part of the settlement agreement to resolve
Atmos' 2007 rate increase case. Atmos' rate request represents the first filing pursuant to the
three-year trial project known as the RRM process. The RRM process was created
collaboratively by the Steering Committee and Atmos as an alternative to the GRIP surcharge
process. The RRM process allows for a more comprehensive rate review and annual adjustment
that will function as a substitute for future GRIP filings during the three-year trial period
specified by the tariff.
There are two components to the RRM adjustment. The prospective component adjusts
rates for known and measurable changes in O&M and net plant investment. Atmos and ACSC
agreed to cap changes to expenses and invested capital at no more than five percent. The true up
component evaluates whether the Company has over or underrecovered its earnings for the
previous year. For purposes of the RRM true up component, Atmos' rate of return on equity and
its capital structure are frozen to avoid the parent company from manipulating the overall rate of
return. Costs expressly prohibited from recovery through the RRM include first class air-fare,
travel, meals or entertainment for employee's spouse, alcohol, sports events, entertainment, arts
and cultural events, sponsorship of sports, arts or cultural events, and social club membership
dues.
Purpose of the Ordinance:
The purpose of the Ordinance is to approve rate tariffs (Attachment A) that reflect the
negotiated rate change pursuant to the RRM process. The Ordinance also approves the
Company's proof of revenues (Attachment B), a required part of the RRM filing.
As a result of the negotiations, ACSC was able to reduce the Company's requested $33.5
million RRM increase by more than 35 percent. Approval of the Ordinance will result in rates
that implement a $20 million increase in Atmos' revenues effective October 1, 2008.
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Atmos RRM Ordinance Staff Report 2
Reasons Justifying Approval of the Negotiated Resolution:
During the time that the City has retained original jurisdiction in this case, consultants
working on behalf of ACSC cities have investigated the support for the Company's requested
rate increase. While the evidence does not support the $33.5 million increase requested by the
Company, ACSC consultants agree that the Company can justify an increase in revenues of at
least $19.8 million.
A contested case proceeding before the RRC on the Company's current application will
take several months and cost ratepayers millions of dollars in rate case expenses and would not
likely produce a request more favorable than that to be produced by the settlement. The ACSC
Executive Committee recommends that ACSC members take action to approve the ordinance
authorizing new rate tariffs.
Explanation of "Be It Ordained" Paragraphs:
1. This paragraph approves all findings in the ordinance.
2. This section adopts the attached tariffs (Attachment A) and Company's proof of
revenues (Attachment B) in all respects and finds the rates set pursuant to the attached tariffs to
be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs that are
being revised are attached to the Ordinance. Existing tariffs that are not being changed in any
way are not attached to the Ordinance.
3. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
4. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
5. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
6. This section is a "Most Favored Nations" clause, which protects the City by
mandating that if a Final Order or subsequent agreement approved in any proceeding addressing
the issues raised in Atmos' RRM filing results in rates or terms that would be more beneficial to
the ACSC Cities than the terms of this tariff, the City may, at its option, implement such more
favorable rates or terms. The exercise of this right is contingent upon the City agreeing to adopt
the terms of the Final Order or subsequent agreement in toto.
7. This section provides for an effective date upon passage.
8. This paragraph directs that a copy of the signed resolution be sent to a
representative of the Company and legal counsel for ACSC.
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Rate Review Mechanism
Fact Sheet
*The Rate Review Mechanism (RRM) was created as part of a collaborative agreement between
ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability Infrastructure
Program (GRIP) surcharge process.
*The RRM authorizes cities to meaningfully review and dispute the company’s annual rate
filings in an expedited rate proceeding at the city level. This authority was lacking under the
GRIP process.
*The RRM will function as a substitute for future GRIP filings during the three-year trial period.
*The RRM permits the Company to seek an annual review of its revenues, estimated cost of
operations, and capital investments. In most cases, the company cannot seek rate adjustments
greater than 5 percent. The Company must provide evidence as part of the annual review
process that Cities can assess and, if necessary, challenge.
*The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses
exceed its anticipated revenues for a 12 month period. However, if the Company's revenues
exceed its authorized rate of return, it must issue refunds.
Costs Expressly Prohibited from Recovery Under the RRM:
First class air-fare, travel, meals or entertainment for employee's spouse, alcohol, sports
events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and
social club membership dues.
The RRM is applicable only to the Company's base rates - the cost of delivering natural
gas to customers. The commodity price of natural gas is a pass-through cost to customers
that can change monthly based upon the price of natural gas.
Process for RRM Filing:
Cities have 90 days to review the Company's RRM filing. After the 90-day "Review
Period," the 30-day "Response Period" allows Cities to work with the Company regarding issues
identified by the city during the Review Period.
Atmos Mid-Tex' first RRM was made April 14, 2008. In subsequent years, Atmos will
make its RRM filing with Cities on or after April 1st of each year. (The filing date is referred to
as the "Annual Evaluation Date" in the tariff.)
The City and the Company commit to act collaboratively during this process. However,
if Cities and the Company cannot come to agreement at the end of the Response Period, the
Company may appeal a city's action or inaction on the RRM to the Railroad Commission.
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235
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
Ms. Doyle’s Direct Line: (512) 322-5820
Email: kdoyle@lglawfirm.com
M E M O R A N D U M
TO: Atmos City Steering Committee (ACSC) Members
FROM: Geoffrey Gay
Kristen Doyle
DATE: August 13, 2008
RE: FINAL ACTION BY OCTOBER 1ST – Atmos RRM Settlement
The ACSC Settlement Committee (Jay Doegey – Arlington, Danny Reed – Fort Worth,
Mark Israelson – Plano, Don Wilson – Eastland, Cathy Cunningham – various ACSC cities, Phil
Boyd – Lewisville, Rodney Adams – Irving), with the advice and input of ACSC consultants and
lawyers, has worked to resolve the Company's pending $33.5 million Rate Review Mechanism
("RRM") rate increase request without the necessity of a protracted and costly contested case
proceeding. The attached tariff that reflects rates that will increase Atmos' revenues by $20
million. The negotiated result represents a 35 percent reduction in Atmos' requested rate
increase. The monthly bill impact for an average residential customers is $0.81.
The RRM process was created by Atmos and ACSC to eliminate the piecemeal
ratemaking GRIP process in favor of an expedited rate review controlled by cities The
Company's filing is the first filing pursuant to the agreed RRM process. The ACSC Executive
Committee recommends approval of the negotiated resolution because it represents an outcome
that is equal to or better than the outcome expected from a lengthy contested case proceeding,
and maintains cities' role as a regulator of natural gas rates.
Please schedule consideration of the ordinance for your next available council
meeting. Final council action to approve the ordinance must take place by October 1st. To
assist you, several documents are attached:
· An ordinance setting new rates. The approved Ordinance should include the
attached Tariff ("Attachment A" to the Ordinance) and Proof of Revenues
("Attachment B")
· A model staff report
· An explanation of key provisions of the RRM tariff and filing
Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city
is unable to meet the October 1st deadline for final action. Once final action has been taken by
your city, please forward a copy of the ordinance to Atmos Mid-Tex and to our paralegal, Gary
Stiffler (fax number: 512/472-0532, gstiffler@lglawfirm.com).
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September 11, 2008
Regular Agenda Item No. 10
Bond Referendum Brochure
To: Glenn Brown, City Manager
From: Wayne Larson, APR, Communications Director
Agenda Caption: Presentation, possible action, and discussion regarding a draft of the
2008 bond referendum brochure.
Recommendation(s): Provide input to staff and approval of the brochure.
Summary: The Public Communications Department is managing a comprehensive voter
education campaign for the bond referendum.
The campaign includes the use of a brochure to educate voters on the various projects to be
considered in the bond referendum. The brochure will be sent to each resident in College
Station and will be used to educate voters on project details and costs.
The City will use the brochure in concert with other voter education tools: website, mass
media, social media, TV19 and more.
Budget & Financial Summary: N/A
Attachments:
1. A draft copy of the brochure will be distributed to Council prior to the meeting.
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