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HomeMy WebLinkAbout01/08/2009 - Regular Agenda Packet - City Council Mayor 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, January 08, 2009 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. College Station Fire Department Honor Guard Historic Home Marker #85 1203 Walton Drive Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Consent Agenda Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion of minutes for City Council workshop and regular meetings, December 16, 2008. b. Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for the purchase of the imaging interface for the Utilities applications in use by the Fiscal Services Department in an amount not to exceed $14,790.00. 1 City Council Regular Meeting Page 2 Thursday, January 8, 2009 On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the Community’s Quality of Life c. 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 $42,324.00, to add the annual landscape maintenance functions for: Dartmouth Street Extension, University Park, Edelweiss Gartens Park, Crescent Pointe Park, and Woodland Hills Park. d. Presentation, possible action, and discussion regarding approval and ratification of a contract to provide non-alcoholic beverages for resale at City operated concession stands for a period of six years beginning in January 2007. e. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a construction contract (Contract Number #09-059) with South Construction, Inc. in the amount of $96,832, for construction improvements in Oaks Park and Lions Park, PK0705 / PK0704. f. Presentation, possible action and discussion to approve contract #09-039 in an amount not to exceed $63,500.00 with R.W. Beck Incorporated to provide a recycling feasibility study. The study includes an analysis of drop-off and on-site recycling programs for the multifamily and commercial sectors. g. Presentation, possible action and discussion on annual price agreement renewals for the purchase of various automotive and truck parts. The annual estimated expenditure for NAPA Auto Parts is $113,500.00 and the annual estimated expenditure for Truckmotive, Inc. is $48,500.00. h. Presentation, discussion, and possible action on the City’s proposed Housing Reconstruction Loan Program Guidelines. i. Presentation, discussion, and possible action on a HOME Investment Partnership Program Tenant Based Rental Assistance (TBRA) Agreement between the City of College Station and Twin City Mission. j. Presentation, possible action, and discussion regarding a resolution awarding an engineering contract for the design of the Koppe Bridge Lift Station Project to Mitchell & Morgan, L.L.P., in an amount not to exceed $60,700.00. k. Presentation, possible action, and discussion regarding a change order to Contract #07-273 in the amount of $31,538.05 to JaCody, Inc. for construction work associated with Police Department Renovations Project. l. Presentation, possible action, and discussion on a Construction Contract with D&S Contracting, Inc., in the amount of $136,050.20, for the construction of the Southwest Parkway Sanitary Sewer Line Replacement Project. m. Presentation, possible action, and discussion to authorize additional expenditures of $25,000.00 for the purchase of replacement parts and/or components for existing sanitation trucks from Heil of Texas, making the annual estimated expenditure for Heil of Texas $74,950.00. n. Presentation, possible action and discussion supporting legislative action to create programs and provide funding for the enhancement of public transportation including relocation of freight rail lines. 2 City Council Regular Meeting Page 3 Thursday, January 8, 2009 On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the Community’s Quality of Life Regular Agenda Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will recognize you to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 1. Presentation, possible action, and discussion on an amendment to the contract with the Texas Department of State Health Services for the Mayor’s Council on Physical Fitness Grant Contract. 2. Public hearing, presentation, possible action, and discussion regarding current UDO requirements and code enforcement practices in the Northgate area. 3. Presentation, possible action, and discussion regarding a proposed maintenance plan for the Northgate Commercial District. 4. Presentation, possible action and discussion regarding an overview of a planned new website for the City. 5. Presentation, possible action, and discussion regarding the City’s appointment of a chair to the Landmark Commission. 6. Adjourn. If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: ________________________________ City Manager 3 City Council Regular Meeting Page 4 Thursday, January 8, 2009 On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the Community’s Quality of Life 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, January 08, 2009 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this 5th day of January, 2009 at 2:00 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 January 5, 2009 at 2:00 pm and remained so posted continuously for at least 72 hours preceeding 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. 4 Mayor Council members Ben White John Crompton Mayor ProTem James Massey Lynn McIlhaney Dennis Maloney City Manager Lawrence Stewart Glenn Brown David Ruesink Draft Minutes City Council Workshop & Regular Meetings Tuesday, December 16, 2008 3:00 & 7:00 pm City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Mayor Pro Tem McIlhaney, Council members Maloney, Crompton, Massey, Ruesink, Stewart STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team Mayor White called meeting to order at 3:00 p.m. Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent agenda. Staff responded to questions about Consent Agenda Items 2c, 2e, 2g, and 2h. Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding annexation planning in general as well as a recommendation concerning the proposed annexation of three areas in the City’s extraterritorial jurisdiction under the exempt status. Lance Simms, Assistant Director of Planning and Development Services presented the proposed plan for annexation of three areas in the City’s extraterritorial jurisdiction under the exempt status. The exempt annexation areas recommended by staff included land between FM 2154 and Creek Meadows Subdivision (Area 1), land southeast of Creek Meadows Subdivision (Area 2), and land on the east side of State Highway 6 South (Area 3). He also presented staff’s original recommendation to move forward with the annexation of additional property in a three year plan upon completion of the comprehensive plan and further development of our fiscal impact model. The additional area recommended by the Planning & Zoning Commission represented approximately 86 acres, bringing the current total to 843 acres. Council directed staff to move forward with the annexation of land under the exempt status including the land across FM 2154 so that both sides of Wellborn Road would be considered and delay areas within the three year annexation plan until the Comprehensive plan has been adopted. Workshop Agenda Item No. 3 -- Presentation, possible action and discussion on a proposal to increase parking rates. Jeff Kersten, Chief Finance Director presented the policy proposing the parking operations be raised to achieve full cost recovery. Currently the Parking Fund generates revenues sufficient to cover operating cost of the Fund. 5 Council Workshop & Regular Minutes Tuesday, December 16, 2008 Page 2 Debt service cost was not covered completely. Parking rates were last increased in 2006. He showed a schedule of the proposed rate changes and explained that the recommended rate changes were designed to increase revenues in the Parking Fund to cover all cost including debt service. Council concurred with staff’s recommendation. Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding Usage of City Soccer Athletic Facilities. Tony Cisneros, Director of Parks and Recreation presented the usage history of the City Soccer Athletic Facilities. Staff requested that Council provide input on priority of usage by various organizations on soccer athletic facilities operated by the City of College Station. In order to insure that the core services that are related to the Parks and Recreation Department mission receive priority in facilities, the following methodology has been developed. 1. Programs offered by outside agencies considered being Core programs – These are programs that provide a benefit primarily to the general community including City and CSISD programs. 2. Programs offered by outside agencies considered being Tier One programs – These are programs that provide a benefit to the community but also include an individual benefit to the participant. 3. Programs offered by outside agencies considered being Tier Two programs – These are programs that provide primarily a benefit to the individual with little or no benefit to the community at large. Council directed staff to add a Tier 3 for non-residential, to revise the usage policy and bring back to Council. No formal action was taken. ______________________________________ At 5:22 pm Mayor White announced that the City Council would convene into executive session pursuant to Section 551.071 of the Open Meetings Act to seek the advice of our city attorney. Workshop Agenda Item No. 10 -- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply Corporation. b. Sewer CCN permit requests. c. Water CCN permit requests. d. Water service application with regard to Wellborn Special Utility District. e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of College Station funds made by Paul Urso to Texcon. g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites. h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos Valley Groundwater Conservation District. i. JK Development v. College Station. 6 Council Workshop & Regular Minutes Tuesday, December 16, 2008 Page 3 j. Taylor Kingsley v. College Station. k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station l. TMPA v. PUC (College Station filed Intervention). m. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste Management Agency contract, on proposed methane gas contract. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes County site. n. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben White. Workshop Agenda Item No. 11 -- Action on executive session, or any workshop agenda item not completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary. At 6:55 pm, Council adjourned from the executive session and returned to Council Chambers. No formal action was taken. Workshop Agenda Item No. 12 – Adjourn. The workshop meeting concluded following the regular meeting. See regular meeting minutes for discussion of remaining workshop items. Minutes of Regular Meeting Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Consider absence request. Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White led the audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation. Hear Visitors Greg Taylor, 13796 16 N. Rd. – discussed the annexed area and expressed his concerns Mark Boller, 5155 Straub – expressed to Council on annexing the Wellborn community Bob Cohn, 3655 McCullough Rd. – expressed concerns on annexing the Wellborn community Hugh Lindsay, 400 Walton Drive – stated the problems in the city and how people do not want to live here Ken Welsh, 3400 Wellborn Road – asked Council to let Wellborn form their own community Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Approved minutes for December 11, 2008. b. Approved the testing and inspecting contract #09-030 with CME Testing & Engineering, Inc. in the amount of $60,000.00 for the Twin Oaks Phase I Construction Project. c. Approved Resolution No. 12-16-08-2c on a Professional Services Contract with Weston Solutions, Inc., in the amount of $357,533.00, for the design of the South Knoll/The Glade Rehabilitation Project. d. Approved the award of two annual purchasing agreements for polymer (dewatering chemical): Fort Bend Services, Inc. not to exceed $39,200; and Atlantic Coast Polymer, Inc. not to exceed $172,560. e. Approved Resolution No. 12-16-08-2e on a real estate contract for a 321.48 acre tract from Hanson Aggregates, Inc. in the amount of $1,044,810 for the Groundwater Wells 8, 9, and 10 project. Approved Resolution No. 12-16-2008-2e(1) declaring intention to reimburse with proceeds from debt. 7 Council Workshop & Regular Minutes Tuesday, December 16, 2008 Page 4 f. Approved Resolution No. 12-16-08-2f declaring intention to reimburse certain expenditures with proceeds from debt for the Well #7 Collection Line construction project. g.Approved the action to ratify a change order for Construction Contract 08-116 with Acklam Construction for the construction of the Memorial Cemetery and the Aggie Field of Honor Project GG-9905 in the amount of $69,259.47. h.Approved Resolution No. 12-16-08-2h adopting the transportation funding options recommended by the Council Transportation Committee. Council member Massey moved to approve consent agenda items 2a thru 2h. Council member Maloney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink AGAINST: None Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 4”Business Regulations”, of the Code of Ordinances of the City of College Station, requiring rental registration of single family and duplex dwelling units. Bob Cowell, AICP, Director of Planning and Development Services presented an ordinance allowing the City to implement a rental registration program. The program shall provide for faster code enforcement capabilities and Fire and Police crews the ability to make quick contact with the property owner during an emergency response. The registration process also provides for a mandatory local point of contact, owner information and the current number and names of tenants on the lease. The fee ($15) will help fund the expenses related to administering and developing a database for rental property owners. Staff recommended approval of the rental registration ordinance with an effective date of March 1, 2009. Rental Registration: -Applies to all rental single family and duplex properties -Requires registration annually -Requires local point of contact and names/contact information for tenants -$15.00 annual fee -Exception for owner occupant plus one Mayor White opened the public hearing. Steve Strong, 2503 Whispering Oaks, Bryan, residential property owner in College Station spoke against the program. Additional members of the audience spoke in support of the program. Henry Wittner, 2508 Raintree Hugh Lindsay, 400 Walton Drive Susan Irza, 605 Summerglen Drive Anne Hazen, 1309 Wilshire Sherry Ellison, 2705 Brookway Drive Jerry Cooper 602 Bell Christopher Rodne, 8603 Rosewood, stated that the ordinance should be enforced throughout the city, not just single family residential and duplexes. Mayor White closed the public hearing. 8 Council Workshop & Regular Minutes Tuesday, December 16, 2008 Page 5 Council member Ruesink moved to approve the ordinance as presented by staff. Motion failed due to lack of second. Council member Maloney moved to approve rental registration with following changes: Delete Subsection C: Exception. Council member Stewart seconded the motion. Council member Maloney withdrew his motion and Council member Stewart withdrew his second. Council member Maloney made another motion to approve Ordinance No. 3151 amending Chapter 4 “Business Regulations” of the Code of Ordinances of the City of College Station, requiring rental registration of single family and duplex dwelling units with changes as follows: Add language to subsection B1 (e), delete Subsection C and add an effective date of March 1, 2009. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 7 “Health & Sanitation”, of the Code of Ordinances of the City of College Station, Texas implementing party host responsibilities in residential areas. Bob Cowell, AICP, Director of Planning and Development Services described the ordinance designed to address multiple neighborhood integrity issues within a comprehensive neighborhood integrity program. In the plan, one of the strategies was to provide for additional enforcement tools to address neighborhood integrity issues. Staff recommended that the City Code be amended to codify host responsibilities for parties in residential areas. Mayor White opened the public hearing. Steve Strong, 2503 Whispering Oaks, Bryan stated his objection to the proposed ordinance. Hugh Lindsay, 400 Walton Drive supported the ordinance and added that the tenant should also be held responsible if violations occur. Jerry Cooper, 602 Bell supported the ordinance. Sherry Ellison, 2705 Brookway Drive supported the ordinance. Jason Reynolds, felt that the timing of addressing this issue was not fair due to the fact that many students are out of town because of holidays. Mark Spiller, 2816 Rockcliffe Loop supported the ordinance. Christopher Rodne, 8603 Rosewood spoke in favor of the ordinance. Mayor White closed the public hearing. Council member Maloney moved to approve Ordinance No. 3152 amending Chapter 7 “Health and Sanitation:, of the Code of Ordinances of the City of College Station, Texas by adding Section 11, “Host Responsibilities of Parties in Residential Areas”. Council member Stewart seconded the motion which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink AGAINST: None Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion regarding an ordinance to delete Chapter 9 of the City of College Station Code of Ordinances, Subdivisions, and an ordinance amending Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO), to incorporate Chapter 9 into Chapter 12 and make procedural changes and other revisions. 9 Council Workshop & Regular Minutes Tuesday, December 16, 2008 Page 6 Introduced by Bob Cowell AICP, Director of Planning and Development Services. Jason Schubert, Staff planner summarized each ordinance. Mayor White opened the public hearing. Sherry Ellison, 2705 Brookway Drive expressed her appreciation for the subdivision regulation updates. Mayor White closed the public hearing. Mayor ProTem McIlhaney made a motion to approve Ordinance No. 3153 to delete Chapter 9 of the City of College Station Code of Ordinances, Subdivisions and Ordinance No. 3154 to amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance to incorporate Chapter 9 into Chapter 12 and make procedural changes and other revisions. Council member Massey seconded the motion, which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink AGAINST: None Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 3 "Building Regulations", of the Code of Ordinances of the City of College Station, Texas regulating the design, installation, and operation of landscape irrigation systems. Lance Simms, Assistant Director of Planning and Development Services presented an overview of the changes to the city’s landscape irrigation standards, brought about in order to implement the provisions of House Bill 1656. These changes require that all irrigation systems be designed, installed, maintained, altered, repaired, serviced and operated in a manner that shall promote water conservation. Staff and the Construction Board of Adjustment and Appeals voted unanimously to recommend approval. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Maloney moved to approve Ordinance No. 3155 on amending Chapter 3 “Building Regulations” of the Code of Ordinances of the City of College Station, Texas regulating the design, installation, and operation of landscape irrigation systems. Council member Stewart seconded the motion which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink AGAINST: None Regular Agenda Item No. 5 -- Public hearing, presentation, possible action and discussion on a Comprehensive Land Use Plan amendment from Single Family Residential Medium-Density to Retail Neighborhood for 2.419 acres located at the southwest corner of State Highway 40 and Barron Road. Gabriel Elliott, Assistant Director of Planning and Development Services described the Comprehensive Land Plan Amendment for the southwest corner of State Highway 40 and Barron Road. Planning and Zoning Commission recommended approval of this request (3-2) at their December 4th meeting and staff recommended denial of this request. Mayor White opened the public hearing. 10 Council Workshop & Regular Minutes Tuesday, December 16, 2008 Page 7 Ed Thomas 14222 Buggy Lane requested Council consider the approval of the rezoning amendment for the southwest corner of State Highway 40 and Barron Road. He stated that Retail Neighborhood would be the appropriate land use eventually. Tom Woodfin, 3215 Innsbrook explained the affirmative decision of the Planning and Development Commission. Mayor White closed the public hearing. Council member Massey moved to approve Ordinance No. 3156 amending the Comprehensive Plan of the City of College Station by amending the Land Use Plan Map for 2.419 acres from Single Family Residential Medium- Density to Retail Neighborhood located on the southwest corner of State Highway 40 and Barron Road. Council member Maloney seconded the motion, which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink AGAINST: None Regular Agenda Item No. 6 -- Presentation, possible action, and discussion of appointment to Zoning Board of Adjustments and Planning and Zoning Commission. Connie Hooks, City Secretary presented a list of applicants for Council selection of citizens for vacancies on the Zoning Board of Adjustments and Planning and Zoning Commission. Donald Braune resigned from the Zoning Board of Adjustment and Bill Davis resigned from the Planning and Zoning Commission. Council member Maloney moved to appoint Winnie Garner to the Planning and Zoning Commission for a one year term expiring June 2009. Council member Massey seconded the motion which carried 7-0. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink AGAINST: None Council member Crompton moved to appoint Bob Brick to the Zoning Board of Adjustments for a one year term expiring June 2009. Council member Maloney seconded the motion, which carried 6-1. FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart AGAINST: Ruesink Regular Agenda Item No. 7 -- Presentation, possible action, and discussion of the 2009 Council Meeting Calendar. Connie Hooks, City Secretary presented the Council Meeting Schedule for 2009. Council concurred with staff recommendation. No formal action taken. Council returned to the workshop agenda items. Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding nuisance noise issues and responses. This item was moved to future agenda. Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion regarding on-going efforts to realize a signature event for the City. This item was moved to future agenda. 11 Council Workshop & Regular Minutes Tuesday, December 16, 2008 Page 8 Workshop Agenda Item No. 7 -- Council Calendar No discussion was held. Workshop Agenda Item No. 8 -- Presentation, possible action, and discussion on future agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting Council member Crompton requested item for future agenda on cost implications for landscaping needs in Northgate. Council directed staff to present information at the Council’s mini retreat about the Austin Green Entergy program. Workshop Agenda Item No. 9 -- Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments, BVSWMA, (Notice of Agendas posted on City Hall bulletin board). No discussion was held. Regular Agenda Item No. 8 -- Adjourn. Hearing no objections, Mayor White adjourned the meetings at 10:40 pm on Tuesday, December 16, 2008. PASSED AND APPROVED this 8th day of January, 2009. APPROVED ___________________________ Mayor Ben White ATTEST: _________________________ City Secretary Connie Hooks 12 January 8, 2009 Consent Agenda 2B Sungard Public Sector Imaging Interface To: Glenn Brown, City Manager From: Ben Roper, Director of Information Technology Agenda Caption: Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for the purchase of the imaging interface for the Utilities applications in use by the Fiscal Services Department in an amount not to exceed $14,790.00. Recommendation(s): Staff recommends approval. Summary: The imaging interface to the Utility Customer Serivces application will allow direct tie in to LaserFiche, the City’s document imaging system. This interface will allow the Utility Customer Service Division to not only continue imaging documents for retention purposes, but better track and retrieve them, saving valuable staff time. This contract (09-093) is a Supplement to the H.T.E., Inc. Software and License Agreement dated March 13, 1998 between Sungard Public Sector (SPS) and the City of College Station. The contract is exempt from competitive bidding by LGC 252.022(a)(7)(A) due to one source based on software copyrights. Sungard Public Sector is the software vendor for approximately 23 modules (applications) hosted on the IBM i5 computer and used by virtually every City department including, but not limited to Utility Billing and Collection, Finance, Budget and Accounting, Fleet Management and Development Services. Budget & Financial Summary: Funds were requested, via a SLA, and were budgeted in the Utility Customer Service FY09 operating budget to cover the costs associated with this purchase. Ongoing costs of $2,465, incorporated into the contract amount, exist for the maintenance and support of this module. Attachments: Supplement contract for SPS Imaging Interface Software and License Agreement A copy of the master agreement with SPS is available in the City Secretary’s office 13 14 15 16 17 18 19 January 8, 2009 Consent Agenda Item 2C Green Teams, Inc., Change Order #5 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 $42,324.00, to add the annual landscape maintenance functions for: Dartmouth Street Extension, University Park, Edelweiss Gartens Park, Crescent Pointe Park, and Woodland Hills Park. Recommendation(s): Staff recommends approving Change Order #5, in the amount of $42,324.00. Summary: Green Teams, Inc. is the current service provider for the annual landscape maintenance functions on thirty-four (34) municipal sites. Change Order #5 will add five sites to this existing contract. The new sites include: Dartmouth Street Extension, University Park, Edelweiss Gartens Park, Crescent Pointe Park, and Woodland Hills Park. 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 four park sites have been included in the FY 08- 09 Budget in the General Fund - Parks and Recreation Department. There has been no funding identified for the Dartmouth Street extension. The maintenance totals for these five sites are for a partial year – only through the end of September 2009, as all sites will be re-bid in late summer of 2009 for FY 09-10. Cumulative Percent Change: Original Base Bid: $297,463.00 Change Order #1: $780.00 0.26% Change Order #2: $2,312.00 1.04% Change Order #3: ($2,600.00) 0.17% Change Order #4: $30,423.00 10.39% 5% increase with renewal: #2 of 9/11/2008: $14,897.75 N/A Current contract amount as of 9/11/2008 renewal: $343,275.75 Change Order #5: $42,324.00 14.23% Proposed new contract Amount: $385,599.75 24.62% Change Order #5, in the amount of $42,324.00, is a 14.23% increase over the original contract amount of $297,463.00; and a cumulative percentage total of 24.62% above the original contract amount. The maximum allowed percentage increase for Change Orders above the Original Base Bid is 25%. Attachments: 1. Change Order Form 20 21 January 8, 2009 Consent Agenda Item 2D Approval and Ratification of a Contract with Bryan Coca Cola Company To: Glenn Brown, City Manager From: Marco A. Cisneros, Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion regarding approval and ratification of a contract to provide non-alcoholic beverages for resale at City operated concession stands for a period of six years beginning in January 2007. Recommendation(s): Staff recommends Council approval and ratification of the attached contract for the provision of non-alcoholic beverages for resale at City operated concession stands. Summary: This item is to bring forward a contract, previously signed by the City Manager’s Office, for approval by the City Council. In July of 2007 a contract with Bryan Coca Cola Bottling Company was executed to purchase non-alcoholic beverages to be resold through the City’s concession stands. At the time of the City Manager’s signature, Parks and Recreation Department staff understood the contract approval to be in an amount not to exceed $25,000 per year and routed the contract through for the City Manager’s signature. Purchasing staff understood the contract approval to be for $25,000 over the six year term of the agreement. Had this difference in interpretation been clarified earlier, this contract would have been brought forward to the Council with a not to exceed amount of $150,000. The difference of interpretation resurfaced as the amount of product to be purchased under the existing purchase order began to approach the $50,000 limit. Thus, the contract needs to be brought forward now to the City Council for approval and ratification in order to allow for the proper purchase of beverages and supplies. Preferred pricing and product were offered to the City in exchange for the six year term which began in January 2007. Competitive bidding is not required pursuant to LGC 252.022(a)(14), goods purchased for resale by a municipality for subsequent resale by the municipality. Budget & Financial Summary: Funds are provided annually in the Parks and Recreation Department General Fund Budget. The products purchased with these funds are then resold through the City’s Concessions operation at various Parks and Recreation Department facilities. Attachments: Contract #07-250 with Bryan Coca Cola 22 23 24 25 26 27 28 29 January, 8, 2009 Consent Agenda Item 2e Construction Contract #09-059 for Construction Improvements in Oaks Park and Lions Park To: Glenn Brown, City Manager From: Marco A. Cisneros, Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a construction contract (Contract Number #09-059) with South Construction, Inc. in the amount of $96,832, for construction improvements in Oaks Park and Lions Park, PK0705 / PK0704. Recommendation(s): Staff recommends approval of the resolution and award of the construction contract with South Construction, Inc., for construction improvements in Oaks Park and Lions Park, in the amount of $96,832 and sixty (60) construction days. Summary: The improvements in Oaks Park include concrete work, ten (10) area lights, one (1) bench, hydro-mulching and planter bed improvements. One alternate was also included for additional concrete work. The improvements in Lions Park include concrete work, removal of the old swingset in the park and installation of a new swingset. Budget & Financial Summary: Six (6) sealed, competitive bids were received and opened on November 18, 2008. The bid summary is attached. Funds are available and budgeted in the Community Development Block Grant in the amount of $110,000. Attachments: 1) Resolution 2) Bid Number 09-10 Tabulation 3) Site Plan for Oaks Park Sidewalks 4) Site Plan for Oaks Park Lighting 5) Site Plan for Lions Park 30 RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT, #09-059, FOR CONSTRUCTION IMPROVEMENTS IN OAKS PARK AND LIONS PARK, PROJECT NUMBERS PK 0705 / PK O804. WHEREAS, the City of College Station, Texas, solicited bids for construction improvements in Oaks Park and Lions Park Construction 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 South Construction, Inc., is the lowest responsible bidder. PART 2: That the City Council hereby approves the contract with South Construction, Inc., in the amount of $96,832.00 for the Base Bid and Alternate for the labor, materials, and equipment required for the construction improvements in the Oaks Park and Lions Park. PART 3: That the funding for this contract shall be as budgeted from the Community Development Block Grant Fund in the amount of $96,832.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this the 8th day of January 2009. ATTEST: APPROVED: CITY SECRETARY MAYOR APPROVED: CITY ATTORNEY _________________________________ 31 Ci t y o f C o l l e g e S t a t i o n - P u r c h a s i n g D e p a r t m e n t Bi d T a b u l a t i o n f o r # 0 9 - 1 0 "O a k s P a r k a n d L i o n s P a r k I m p r o v e m e n t s " Op e n D a t e : T u e s d a y , N o v e m b e r 1 8 , 2 0 0 8 @ 2 : 0 0 p . m . IT E M QT Y U N I T D E S C R I P T I O N UN I T CO S T EX T E N D E D C O S T UN I T CO S T EX T E N D E D C O S T UN I T CO S T EX T E N D E D C O S T UNIT COSTEXTENDE D COSTUNIT COSTEXTENDED COSTUNIT COSTEXTENDED COST 1 1L S Co n c r e t e F l a t w o r k ( a p p r o x . 7, 7 0 0 s f ) $ 4 0 , 2 0 0 . 0 0 $4 0 , 2 0 0 . 0 0 $3 4 , 8 4 3 . 0 0 $3 4 , 8 4 3 . 0 0 $4 3 , 7 0 0 . 0 0 $4 3 , 7 0 0 . 0 0 $46,000.00 $46,000.00 $56,745.00 $56,745.00 $58,966.67 $58,966.67 2 1L S Ar e a L i g h t s ( 1 0 ) , c o n d u i t , Ju n c t i o n b o x e s , e t c . $ 3 2 , 9 0 0 . 0 0 $3 2 , 9 0 0 . 0 0 $4 2 , 4 7 6 . 0 0 $4 2 , 4 7 6 . 0 0 $3 3 , 2 0 0 . 0 0 $3 3 , 2 0 0 . 0 0 $ 3 8 , 0 0 0 . 0 0 $ 3 8 , 0 0 0 . 0 0 $ 3 0 , 4 0 0 . 0 0 $ 3 0 , 4 0 0 . 0 0 $ 5 0 , 2 3 1 . 9 9 $ 5 0 , 2 3 1 . 9 9 3 1L F Hy d r o m u l c h d i s t r u b e d ar e a s / f i n i s h g r a d i n g $ 2 , 5 2 5 . 0 0 $2 , 5 2 5 . 0 0 $ 1 , 2 3 0 . 0 0 $ 1 , 2 3 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 , 8 7 7 . 0 0 $ 3 , 8 7 7 . 0 0 $ 7 , 2 5 0 . 0 0 $ 7 , 2 5 0 . 0 0 4 1L S Pl a n t e r B e d I m p r o v e m e n t s (C C M U ' s ) $ 1 , 8 4 0 . 0 0 $1 , 8 4 0 . 0 0 $ 1 , 8 1 9 . 0 0 $ 1 , 8 1 9 . 0 0 $ 1 , 8 0 0 . 0 0 $ 1 , 8 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 1 , 8 7 5 . 0 0 $ 1 , 8 7 5 . 0 0 $ 4 , 3 5 0 . 0 0 $ 4 , 3 5 0 . 0 0 5 1L S Vi c t o r S t a n l e y B e n c h - Mo d e l C R 1 9 6 $ 1 , 9 4 2 . 0 0 $1 , 9 4 2 . 0 0 $ 2 , 1 3 2 . 0 0 $ 2 , 1 3 2 . 0 0 $ 2 , 1 3 0 . 0 0 $ 2 , 1 3 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 0 8 7 . 0 0 $ 2 , 0 8 7 . 0 0 $ 2 , 9 0 0 . 0 0 $ 2 , 9 0 0 . 0 0 6 1L S Co n c r e t e F l a t w o r k ( A p p r o x . 1, 3 5 0 s q f t ) $ 7 , 5 0 0 . 0 0 $7 , 5 0 0 . 0 0 $ 4 , 5 7 5 . 0 0 $ 4 , 5 7 5 . 0 0 $ 8 , 1 0 0 . 0 0 $ 8 , 1 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 5 , 8 8 5 . 0 0 $ 5 , 8 8 5 . 0 0 $ 1 0 , 3 1 9 . 1 7 $ 1 0 , 3 1 9 . 1 7 1 1L S Co n c r e t e F l a t w o r k ( A p p r o x . 10 0 s q f t ) $ 7 5 0 . 0 0 $7 5 0 . 0 0 $ 2 , 0 6 6 . 0 0 $ 2 , 0 6 6 . 0 0 $ 2 , 4 0 0 . 0 0 $ 2 , 4 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 1 , 1 6 0 . 0 0 $ 1 , 1 6 0 . 0 0 2 1L S Re m o v e C o n c r e t e Bo a r d e r / S o d d i s t u r b e d a r e a et c . $ 1 , 8 5 0 . 0 0 $1 , 8 5 0 . 0 0 $3 , 0 9 1 . 0 0 $3 , 0 9 1 . 0 0 $6 , 0 0 0 . 0 0 $6 , 0 0 0 . 0 0 $ 7 , 0 0 0 . 0 0 $ 7 , 0 0 0 . 0 0 $ 2 , 7 5 0 . 0 0 $ 2 , 7 5 0 . 0 0 $ 2 , 9 0 0 . 0 0 $ 2 , 9 0 0 . 0 0 3 1L S Ol d S w i n g s e t R e m o v a l / N e w Sw i n g s e t I n s t a l l a t i o n $ 4 , 2 5 0 . 0 0 $4 , 2 5 0 . 0 0 $1 , 1 0 5 . 0 0 $1 , 1 0 5 . 0 0 $1 , 5 0 0 . 0 0 $1 , 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 3 , 4 0 0 . 0 0 $ 3 , 4 0 0 . 0 0 $ 1 , 4 5 0 . 0 0 $ 1 , 4 5 0 . 0 0 4 1L S Ne w S w i n g s e t C o s t $ 3 , 0 7 5 . 0 0 $3 , 0 7 5 . 0 0 $3 , 7 8 6 . 0 0 $3 , 7 8 6 . 0 0 $3 , 1 7 0 . 0 0 $3 , 1 7 0 . 0 0 $ 5 , 2 5 0 . 0 0 $ 5 , 2 5 0 . 0 0 $ 2 , 9 4 0 . 0 0 $ 2 , 9 4 0 . 0 0 $ 5 , 0 7 5 . 0 0 $ 5 , 0 7 5 . 0 0 Housing & Land Development Corporation $144,602.83 60 9 9C&L Concrete Construction, Inc.$112,459.00 60 9 9$117,750.00 9 To t a l N u m b e r o f C a l e n d a r D a y s t o S u b s t a n t i a l Co m p l e t i o n $9 6 , 8 3 2 . 0 0 TO T A L C O N S T R U C T I O N C O S T W I T H AL T E R N A T E $ 9 7 , 1 2 3 . 0 0 Ex e c u t e d 5 % B i d d e r ' s B o n d 99 Ce r t i f i c a t i o n f r o m b i d p a c k a g e 9 9 OA K S P A R K 9 Ac k l a m C o n s t r u c t i o n Co . , L T d . $1 0 3 , 0 0 0 . 0 0 9 9 So u t h C o n s t r u c t i o n , I n c . F u q u a C o n s t r u c t i o n 60 6 0 6 0 6 0 AL T E R N A T E LI O N S P A R K Dudley Construction, Ltd. Pa g e 1 o f 1 32 3 3 3 4 3 5 January 8, 2009 Consent Agenda Item 2f Multifamily and Commercial Recycling Feasibility Study To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action and discussion to approve contract #09-039 in an amount not to exceed $63,500.00 with R.W. Beck Incorporated to provide a recycling feasibility study. The study includes an analysis of drop-off and on-site recycling programs for the multifamily and commercial sectors. Recommendation(s): Staff recommends approval of contract #09-039 in the amount of $63,500.00 with R.W. Beck Incorporated for a recycling feasibility study. Summary: Currently there are no on-site recycling programs available for multi- family and commercial business sectors. No recycling drop-off center currently available to over 9,000 multifamily apartment units and 1000 commerical businesses in College Station. An available recycling drop-off center will allow multifamily and commercial citizens to drop-off various recycling items. On-site recycling for multi- family and commercial sectors will allow recyclables to be collected at these sites. The feasibility study will be conducted by R.W. Beck Incorporated, a professional consulting and engineering services company. The study will consist of initiation and management, demand projections, operating standards, a market analysis, on-site options for multi-family and commercial recycling, and report preparation and presentation. This Service Level Adjustment was approved by council on September 25, 2008. Budget & Financial Summary: Funds for the multifamily and commercial recycling feasibility study are budgeted in the Sanitation Fund, Residential Collection Division. This purchase is for professional services from R.W. Beck Incorporated, and is thereby exempt from competitive bidding in accordance with Local Government Code 252.022 (a)(4) procurement for personal, professional, or planning services. Attachments: None – A copy of Consultant Contract #09-039 is on file in the City Secretary’s Office. 36 January 8, 2009 Consent Agenda Item 2G Annual Auto and Truck Parts Renewal To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on annual price agreement renewals for the purchase of various automotive and truck parts. The annual estimated expenditure for NAPA Auto Parts is $113,500.00 and the annual estimated expenditure for Truckmotive, Inc. is $48,500.00. Recommendation(s): Staff recommends approval of the renewals to the lowest, responsible bidders meeting specifications (by line item) as follows with annual estimated expenditures totaling $162,000.00. The annual estimated expenditure for NAPA Auto Parts is $113,500.00 and the annual estimated expenditure for Truckmotive, Inc. is $48,500.00. NAPA Auto Parts (College Station, TX) $113,500.00 Truckmotive, Inc. (Waco, TX) $48,500.00 TOTAL $162,000.00 Summary: The purchase of various automotive and truck parts for City Departments will be made from each of these annual blanket orders on an as-needed basis throughout the year. The City owns and maintains approximately 600 pieces of rolling vehicles and equipment. This is the second and final renewal option available for each vendor. The annual estimated expenditure for Truckmotive, Inc. has remained constant during the initial agreement and 1st renewal terms. On August 6, 2008, City Council approved a $60,000.00 increase to the original annual estimated expenditure of $53,500.00 for NAPA Auto Parts due to the rising cost of fuel and increased number of purchases. This increase resulted in a new annual estimated expenditure of $113,500.00. NAPA Auto Parts is the primary supplier of automotive and truck parts to the City of College Station and based on the number of rolling vehicles and equipment that have been and will be added to Fleet inventory, the estimated annual expenditure for the 2nd renewal term remains at $113,500.00. Budget & Financial Summary: Purchases of parts are made through an inventory account as budgeted and available in the Fleet Maintenance Funds. Charges are made to the various departments for vehicle maintenance based on the average annual cost for each piece of equipment. Attachments: Signed renewal agreement letters. 37 38 39 40 41 January 8, 2009 Consent Agenda Item 2h Housing Reconstruction Loan Program Guidelines To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, discussion, and possible action on the City’s proposed Housing Reconstruction Loan Program Guidelines. Recommendation(s): Staff recommends approval of the guidelines. Summary: Staff proposes the attached Housing Reconstruction Loan Program Guidelines, which utilize a combination of HOME Investment Partnership Program grant funds, Community Development Block Grant Funds and other appropriate resources to provide support, training, and counseling activities to low-income applicants seeking to replace their substandard homes. The City will also, through this activity, promote the elimination of slum and blighting influences and enhance the overall integrity of the neighborhood. The proposed guidelines reflect direction recommended by the City Council at their March 13, 2008 Workshop Meeting. Specifically, the guidelines incorporate the following: · Provide support training and counseling activities to low-income applicants seeking to replace their substandard and dilapidated homes. · To assist qualified applicants in managing their temporary and voluntary relocation, demolition of the dilapidated structures and development of their lots, from pre-demolition activities to procurement of a permanent financing loan (mortgage) closing. · To expand the supply of affordable, decent, safe, sanitary and sustainable housing available to qualified low-income homeowners. Budget & Financial Summary: Federal HOME Investment Partnership Grant (HOME) funds, Community Development Block Grant (CDBG) funds, and other suitable resources will be used in combination to provide leveraged assistance to eligible developments. The proposed guidelines will help to ensure the long-term sustainability of the City’s Community Development Program. Attachment: Attachment 1 – Proposed Housing Reconstruction Loan Program Guidelines 42 Page 1 of 9 ?/?/? Attachment 1 – Proposed Housing Reconstruction Loan Program Guidelines CITY OF COLLEGE STATION HOUSING RECONSTRUCTION LOAN PROGRAM GUIDELINES Unless herein stated otherwise, the requirements contained in 24 CFR Part 92 (Home Investment Partnerships Program) and 24 CFR Part 570 (Community Development Block Grant Program) will be followed. A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station has established a Housing Reconstruction Loan Program (HRLP). The HRLP is designed to provide services to a limited clientele through demolition and replacement of substandard homes to primarily benefit low- to moderate-income residents in the City of College Station under the City’s Community Development Program authorized under Chapter 373 of the Texas Local Government Code. The City of College Station Chapter 373 Community Development Program was established August 8, 2005 by City Council Resolution # 8-8-2005-12.16. The HRLP is funded through U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funds. Additionally, the City may utilize other appropriate local, state, or federal resources that may become available. The City's Economic & Community Development staff will assist the homeowner(s) in planning, implementing and managing the overall process to demolish their substandard and dilapidated structure and replace it with a quality affordable, decent, and safe dwelling. This program promotes the elimination of slum and blight, as well as preserves and enhances the integrity of the neighborhood. Depending upon applicant eligibility and costs of the project, Program assistance may be available to applicants under the provisions of 24 CFR § 92.254 Qualification as affordable housing: Homeownership. The basic goals of this Program are: 1. To expand the supply of quality affordable, decent, and safe housing available to qualified low-income homeowners. 2. To provide support training and counseling activities to low-income applicants seeking to replace their deteriorated homes. 3. To assist qualified applicants in managing their temporary and voluntary relocation, demolition of the dilapidated structures and development of their lots, from pre-demolition activities to procurement of a permanent financing loan (mortgage) closing. 4. To provide applicants with information on proactively managing the overall maintenance of their homes following the reconstruction. Applicants shall enter into an agreement with the City of College Station stating that they understand and agree that all program expenses funded by the City for the reconstruction of their home will be both reasonable and necessary. All project costs (excluding key staff time necessary for program delivery) shall be compiled at project completion into either a permanent, amortizing mortgage-financing loan, or a deferred loan repayable upon sale or cessation of owner occupancy. The type of loan will be dependent upon the homeowner’s financial situation. Repayment of the loan shall be in accordance with the terms and conditions defined in HRLP legal instruments. 43 Page 2 of 9 ??/??/??? The HRLP financial assistance shall be managed as follows: Program staff will assist eligible applicants to reconstruct their dilapidated houses, by requiring the applicant to enter into a Reconstruction Assistance Agreement with the City. The agreement will allow the use of HRLP funds for the reconstruction housing assistance activities of the project, and must be executed prior to the commencement of any demolition or construction activities. Once the pre-development activities are complete and a contractor is selected to build the new dwelling, the applicant shall enter into a construction contract with the successful contractor. For projects in which the City incurs pre-development costs paid by HRLP funds, those costs (excluding staff time costs) will be rolled into the permanent loan amount, along with the construction contract amount. Applicants will have the option and ability to pre-pay the loan in full or in part at any time. Household income shall determine the loan structure: · For households earning 61% to 80% of the Area Median Income: A fixed rate repayment loan bearing interest at the Applicable Federal Rate at the time of funding. · For households earning 51% to 60% of the Area Median Income: A 0%-interest repayment loan. · For households earning up to 50% of the Area Median Income: A deferred-payment, 0%-interest loan. This loan will be deferred and payable in full at the cessation of owner occupancy, or sale or transfer of the property. Front End Ratio: The loan shall be structured to ensure that the total of all housing payments shall not exceed thirty-five percent (35%) of the applicant’s gross monthly income. Back End Ratio: The loan shall be structured to ensure that the total of all housing payments, plus consumer debt payments, shall not exceed forty-five percent (45%) of the applicant’s gross monthly income. The mortgage note and deed restrictions shall be serviced and enforced either by the Economic and Community Development, a commercial lending institution or by a not-for-profit entity. B. DESIGNATED AUTHORITY Administrative authority for implementation of this program will rest with the Office of the City Manager or its designee. The Economic and Community Development Department will serve as the originator of contractual agreements and budget management as needed to accomplish the goals and objectives under the program. The Director will be responsible for approval of applicant eligibility for this program and final selection and approval of applicants to be assisted. This will be based upon the demonstrated needs of the applicants, the availability of funds, and staff and contractor workload and capacity. The City Council shall have final authorizing approval. 44 Page 3 of 9 ??/??/??? C. PROGRAM IMPLEMENTATION PROCESS Steps in implementing the HRLP will be as follows: The Department of Economic & Community Development (Department) will create & maintain applications for the program. All applicants shall submit a completed application to the Department, and await an evaluation of eligibility by the appropriate staff. In partial determination of eligibility, applicants are required to hold 100% fee- simple interest, with no outstanding liens, to an improved property within the city limits of College Station, which is their permanent place of residence, prior to submitting an application. A $20 non-refundable application fee will be required to process the applications for this program. Program staff will evaluate the applications for eligibility and prioritize the processing of applications based upon the completeness and accuracy of information/documentation and demonstration of housing need. Program staff will process applications as expeditiously as possible, considering funding limitations and other staff responsibilities as assigned. Applicant(s) will be notified by phone if they are eligible for participation in the program. If the applicant(s) are not eligible, they will be notified in writing, with an explanation of why they do not qualify. Non-qualification issues may include (but are not limited to) income, assets, deed restrictions, title concerns, environmental concerns and/or household make-up. Once the applicant is deemed program eligible, they will be required to sign an agreement with the City committing to attend homeowner education classes before commencing with the development process of their property. The City will provide the homeowner education class to explain any and all financial, tax burden, maintenance and code compliance responsibilities of homeownership. Only upon completion of the required classes, will the applicant(s) be able to continue with the Program implementation process. If the applicant decides to discontinue the homeownership education classes by failure to attend mandatory classes, the City will notify them in writing that they have been removed from participation in the program. Following completion of the required homeowner education classes, housing staff will schedule a pre-development meeting with the applicant(s) to explain the basic goals of the program and assess the needs of the applicant(s) household that will occupy the dwelling once completed. Once household needs are identified, staff will assess the project site to determine the design issues of the dwelling within the building lines of the parcel, zoning issues and available utility service connections. Program staff will make every effort, during the design of the dwelling and site lay-out, to incorporate the City’s most current Green Building Standards into the project. Any incentives offered by federal, state or local agencies for conformance with Green Build Standards shall be accessed by the program as appropriate and when applicable. Applicant(s) will be involved in several meetings with program staff to ensure proper steps are followed in the pre- development process of their home and/or lots. The applicant may also be required to accompany program staff to appear before City planning boards and/or commissions to request variances or approval of special circumstantial development needs. Once the home design and site plans have been completed and any required development approvals have been secured, program staff will place the project out for bid to approved contractors in compliance with the City’s 45 Page 4 of 9 ??/??/??? procurement process and regulations. Prior to bid, program staff will prepare a construction estimate by which to compare submitted bid amounts. Should submitted bids prove to be more than 10% of the construction estimate, the applicant will have the option to reject all bids and re-bid the project, or select the lowest responsible bidder (if program staff deems the lowest responsible bid reasonable within the project estimate). Applicant (Owner) will then enter into a construction contract with the lowest responsible bidder (Contractor), allowing the City to be the Owner Representative through the construction process, attending to progress payments and change orders in a timely manner on behalf of the Owner. Program staff will obtain all required close-out documents at project completion, and place, date and time for a permanent financing closing will be scheduled with a local land title company. Homeowners will be required to comply with all terms and conditions of their Program agreements until all of the terms of their loan have been satisfied. Homeowners provided assistance through this program can expect rigorous enforcement of the terms and conditions of their loans, due to the type and source of funding. D. APPLICANT ELIGIBILITY CRITERIA Eligible applicants of this Program must meet the following qualifications: 1. Income: An applicant must have a gross income of 80 percent or less of the College Station/Bryan area median income as reported by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Income determinations) and 24 CFR § 5.609 (Annual income). 2. Assets: Applicants will not be eligible for this Program if, upon application, they have assets exceeding $20,000 on hand. Retirement funds in IRS recognized retirement accounts are excluded. 3. Principal Residence and Homestead: Applicants will be required to certify that they intend to occupy the new reconstructed dwelling as their principal residence upon project completion. Occupancy will be determined through verification of utility consumption, and other verifications determined acceptable and/or necessary by the City, on an annual basis. 4. Credit: Qualified applicants will have an average FICO credit score of no less than 600, with no bankruptcies, foreclosures, student loan delinquencies, income tax delinquencies, child support delinquencies or repossessions within the previous two years. The Director may waive this requirement if necessary to accomplish other City or program objectives, or under extraordinary circumstances. 5. Employment History: Applicants must have an employment history in the same job, or in the case of professional, salaried employees (as defined in 29 CFR § 541 meeting any of the requirements in Subparts B,C,D,E, or F), in the same field of employment, for a minimum of twelve (12) months. 6. Student Loans: Student loans, which are currently deferred at the time of application, will be included in the debt ratio calculation as if in repayment status. 7. Citizenship: In order to receive Program assistance, applicants must be United States Citizens, U.S. Non- Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity 46 Page 5 of 9 ??/??/??? Reconciliation Act of 1996. Qualified alien status will be verified by the Citizenship and Immigration Services division of the U.S. Department of Homeland Security. E. ELIGIBLE PROPERTY CRITERIA Property eligible for Program assistance is subject to the requirements of 24 CFR § 92.254 (Qualification as affordable housing: Homeownership) and as follows: 1. Location: The Program will be implemented on a city-wide basis within the corporate limits of the City of College Station. Properties that lie partially within the city limits may be considered on a case-by-case basis. However, program preference will rest with properties wholly in the City. 2. Property Type: Eligible properties must be improved, single-family residential lots, which are: a. The principle residence of the applicant, and b. Deteriorated beyond the point of practical or cost effective rehabilitation, and c. Have all utility service connections available to the property. 3. Title: Only property that has 100% fee-simple title with no outstanding liens is eligible. The applicant household must hold majority title to the property. 4. All eligible properties, following development, shall not exceed 95 percent of the maximum amount insurable under Section 203(b) of the National Housing Act (FHA lending limit) for the College Station/Bryan area. 5. Manufactured Housing: Manufactured housing units are not eligible for program assistance unless: a. the property on which the manufactured home sits is owned by the applicant; b. the property is sufficiently sized to accommodate the typically required building setbacks; c. the property is properly zoned for single-family residences; d. the applicant has resided in the home and on that site for not less than two years, prior to the application date, and; e. owner agrees to the replacement of the substandard and dilapidated manufactured home with one that is of conventional home construction. f. the applicant and subject property are otherwise eligible for assistance under program guidelines. 47 Page 6 of 9 ??/??/??? F. LOAN INSTRUMENTS The HRLP shall use loan instruments (real estate lien note, deed-of-trust, mechanic's lien contract, mechanic's lien note and transfer of lien) adapted to this program in order to provide financial assistance to eligible applicants and to comply with the provisions of 24 CFR § 92.254(a)(5)(ii)(A) (Recapture, Net Proceeds). Affordability shall be determined by ensuring the total PITI (principal, interest, taxes, and insurance) payment (front ratio) of the permanent financing is not less than 20% but not more than 35% of the monthly income of the eligible applicant. With Director approval, the upper percentage may be slightly exceeded under extenuating circumstances that demonstrate the buyer’s ability to immediately handle higher payments. The maximum total debt-to-income ratio (back ratio) is 45% (depending on credit score, Director may require a lower percentage). Program loan instruments shall require that the property must be maintained to meet all applicable City codes, including code enforcement ordinances, community appearance and development standards. Refinancing of the first mortgage for the purpose of the reduction of monthly payments, term or interest rate is acceptable, however, refinancing which results in any cash being received by the homeowner is not allowed. The City shall have the prior right to purchase the ownership interest in the property from the initial HRLP homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. The City shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60 additional calendar days to complete closing of the property. Military Deployment - In the event that the homebuyer is deployed on active duty, the homebuyer may, at their discretion, rent the home during the time of deployment to an income-eligible applicant if the homebuyer's monthly mortgage payment will exceed 30% of gross monthly income after deployment. The maximum rent will be determined by published maximum HUD rents for the area. The City of College Station Department of Economic and Community Development will verify income eligibility of the rental applicant and will file a copy of the deployment orders in the homeowner's client file. If the home is rented to an income-eligible applicant, or is occupied by the homeowner's dependents, the reconstruction loan will continue to be deferred. G. FEASIBILITY OF REHABILITATION 1. Feasibility of rehabilitation of property to minimum program standards will be made following a detailed inspection of the property by Department staff. This inspection includes completing a list of deficiencies which must be corrected in order to bring the structure into compliance with HUD requirements and all applicable City of College Station codes and expectations. 2. Feasibility of rehabilitating structures under established program limits will be determined by an assessment of the following two criteria: a. The estimate of costs needed for all required repairs and renovations (or to remedy immediate threats to health and safety in emergency cases) must fall within program limits. 48 Page 7 of 9 ??/??/??? b. For all required repairs and renovations, rehabilitation costs shall not exceed 75% of the total estimated post-rehabilitation value of the structure. H. SELECTION OF RECIPIENTS FOR ASSISTANCE 1. Recipients of this program will be taken from the applications of homeowners residing in structures determined to be infeasible to rehabilitate. Additional recipients may be added during subsequent operation of the City of College Station's Owner-Occupied Housing Rehabilitation Program. 2. The number of recipients to receive assistance will be subject to general availability of funds. 3. Department staff will evaluate all applications for structures determined to be infeasible to rehabilitate. Based upon this evaluation, a recommendation will be made as to the order of applicants to be assisted. Generally, those in the most imminent danger to personal health and safety will be given priority under the program. 4. Criteria to be used to make this evaluation will include the following items listed in priority order: a. Degree of threat to health and safety of occupants presented by continuance of residing in the structure. This will include evaluation of factors such as availability of basic services including water, sewer, electricity, and structural deficiencies of the home. b. Health and handicapping disabilities of occupants which necessitates the home to undergo major handicapped accessible construction because of owner’s life/health situation. c. Time and date that all application requirements are met. d. Time and date of application. I. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES 1. The primary form of assistance to be provided will be the use of CDBG / HOME funds to pay for the costs of reconstruction under the HRLP. The allowable budget authority for reconstruction assistance shall not exceed Eighty Five Thousand and No/100 Dollars ($85,000.00) for combined eligible construction and demolition costs (excluding program staff costs). Since each reconstruction project is unique in preparation, size and duration, additional costs will be financed by owner proceeds or by an additional loan from a private lender. Under no circumstances will the owner be able to finance more debt than is allowed under Program debt to income ratios. Large households that qualify for a replacement dwelling requiring more than three (3) bedrooms as mandated by the City’s building code occupancy requirements, may be eligible for an additional Five Thousand and No/100 Dollars ($5,000.00) in hard construction costs. Households with handicapped or special needs members may qualify to receive an additional Five Thousand and No/100 Dollars ($5,000.00), in hard construction costs, to address accessibility and / or special needs. 49 Page 8 of 9 ??/??/??? These additional funds are to be used only for large household and handicap/special needs accommodations, as determined feasible and necessary by the Director after examination and verification of household needs by program staff. 2. The City of College Station shall hold first lien position on the loan for the duration of the lien period. However, in extreme and isolated situations where first lien position is not feasible, the City may accept a lower lien position subject to the review and approval of the Director. The lien shall be released when the following conditions are met: the homeowner resides in the home for the entire loan/lien period; and the property is maintained to meet any and all applicable City code requirements including those as may be revised; and loan payments are paid in a timely and appropriate manner; and homeowner provides annual documentation of adequate homeowner's insurance, including casualty and fire coverage, with the City listed on the Certificate of Insurance to be notified in case of policy cancellation and as additionally insured; and homeowner provides annual documentation demonstrating that property taxes (and/or applicable payment plans) are current. 3. If the owner expires during the loan/lien period, or is not medically able to occupy the structure, the controlling or surviving household / family member(s) may not occupy the property unless income qualified to do so, or arrangements have been made to refinance the property and repay the City. 4. Program intent is to maintain owner-occupancy in the constructed dwellings. In the event of a sale, transfer of ownership or renting of the property during the lien period, the following conditions must apply to avoid default: The owner must sell or offer the assumption of the loan to a low/moderate income household for their homestead and approved by the Director; and The owner shall give the city a first right of refusal to purchase the ownership interest in the property from the homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. The city shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60 calendar days to complete closing of the property. 5. If within the lien period the homeowner defaults on the loan, the loan will be called due in full and foreclosure proceedings may be initiated. The City will make every effort to work with the homeowner to avoid foreclosure and will examine each situation on a case by case basis. 50 Page 9 of 9 ??/??/??? J. RECONSTRUCTION AGREEMENT Each applicant assisted through this Program will sign a Reconstruction Agreement with the City which defines the overall terms and conditions of the HRLP assistance. Other construction documents will be required to be executed by the applicant during the reconstruction assistance process, but the Reconstruction Agreement will be solely between the City and the applicant, and will be the primary instrument submitted for City Council approval, before the project may commence. K. FINAL INSPECTION - CERTIFICATE OF OCCUPANCY The City of College Station will be responsible for final inspection of all housing units made available through the program to determine that the replacement unit meets all City of College Station and HUD requirements. Final payment will not be made until the City of College Station has issued a Certificate of Occupancy for the reconstructed unit and all items identified in a punch list have been corrected. The owner will also be required to sign-off on the final payment to the contractor. The Certificate of Occupancy will serve as evidence to HUD of the City's determination that the original dilapidated structure has been replaced by a new decent, safe, and sanitary dwelling. 51 January 8, 2009 Consent Agenda Item 2i Tenant-Based Rental Assistance Agreement To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, discussion, and possible action on a HOME Investment Partnership Program Tenant Based Rental Assistance (TBRA) Agreement between the City of College Station and Twin City Mission. Recommendation(s): Staff recommends approval of the TBRA Agreement. Summary: The attached TBRA agreement between the City and Twin City Mission (TCM) utilizes HOME Investment Partnership Program grant fund to reduce homelessness by providing security deposit assistance to low-income individuals and families to secure decent, safe and sanitary housing in a Low-Income Housing Tax Credit (LIHTC) apartment community in College Station. Security deposit assistance is identified as a high priority in the 2005 – 2009 Five- Year Consolidated Plan. In 2001, TCM Housing Services Security Deposit Program was developed through cooperation between City staff and Twin City Mission (TCM). TCM has utilized three separate allocations - two of $25,000 and one of $50,000 to serve more than 531 low-income residents in College Station over the past eight years. The attached agreement will make $50,000.00 available (as approved in the FY 2007 budget) for continued TBRA assistance locally. Funds will be paid on a reimbursement basis. TCM is required to turn in monthly reimbursement requests and reports providing all required information to be reported to HUD. Annual monitoring visits are performed to verify compliance with all local and federal requirements. Budget & Financial Summary: Federal HOME Investment Partnership Grant (HOME) funds will be used by Twin City Mission to provide security deposit assistance to low-income individuals and families. Funds are available through the 2007 HOME grant as approved in the 2007 Annual Action Plan and budget. Attachment on File in City Secretary office 52 January 8, 2009 Consent Agenda Item 2j Koppe Bridge Lift Station – Engineering Contract To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding an engineering contract for the design of the Koppe Bridge Lift Station Project to Mitchell & Morgan, L.L.P., in an amount not to exceed $60,700.00. Recommendation(s): Staff recommends Council approval of the resolution and award of the engineering contract to Mitchell & Morgan, L.L.P. Summary: This project provides for the construction of a lift station and force main sanitary sewer from the existing Meadow Creek Package Plant to Creek Meadow Lift Station, modifications to the Creek Meadow Lift Station, and sanitary sewer line rehabilitation from the Creek Meadow Lift Station to the Castlegate subdivision. This will allow the Meadow Creek Package Plant to be taken out of service. Budget & Financial Summary: This project is funded by Utility Revenue Bonds in the amount of $400,000.00. Funds for this project are budgeted and available. Attachments: 1. Resolution 2. Location Map 53 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SELECTING A PROFESSIONAL CONTRACTOR, APPROVING A PROFESSIONAL SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE KOPPE BRIDGE LIFT STATION PROJECT. WHEREAS, the Koppe Bridge Lift Station Project is an extension of previous lift station modification and rehabilitation work, and it is in the best interest of the City to use the same consultant because of their familiarity with the engineering of the project;and WHEREAS, the selection of Mitchell & Morgan, L.L.P.is being recommended as the most highly qualified provider of the engineering services; 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 Mitchell & Morgan, L.L.P.is the most highly qualified provider of the services for the Koppe Bridge Lift Station Project on the basis of demonstrated competence and qualifications. PART 2:That the City Council hereby approves the contract with Mitchell & Morgan, L.L.P. for an amount not to exceed $60,700.00 for the engineering services related to the Koppe Bridge Lift Station Project. PART 3:That the funding for this Contract shall be as budgeted from Utility Revenue Bonds in the amount of $60,700.00. PART 4:That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2009. ATTEST:APPROVED: City Secretary MAYOR APPROVED: City Attorney 54 Meadow Creek Creek Meadow Castlegate Fm 2154 W i l l i a m D . F i t c h P k w yHarvey M i t c h e l l P k w y S R o c k P r a i r i e R d S H 40 / William D F i t c h P k w y S H 6 S F m 2 1 5 4 55 January 8, 2009 Consent Agenda Item 2K Project Number GG0402 Change Order No. 7 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 $31,538.05 to JaCody, Inc. for construction work associated with Police Department Renovations Project. Recommendation(s): Staff recommends approval of this item. Summary: This change order includes items related to the requested redesign of the front lobby area. The changes in this area include new millwork, a glass display case, gypsum board furr-down and a change in the light fixture schedule/layout. Also, other needs are being addressed that have been identified as other parts of the building are being put back into use by Police employees. This includes vinyl decals on some of the glass doors identifying working areas, smoke detectors in the jail area, additional outlet covers, additional light fixture, window blinds in the interview rooms and additional shelving units for file storage. Exterior to the building three new flag poles have been requested to replace the current flag pole. These new flag poles will be illuminated at night to allow the proper display of flags 24 hours a day. The flag poles were in the original project scope but were cut due to budget constraints, with budget room available as the project near completion, the flag poles are being added back to the project. With the additional work, the contractor has requested extra time to complete the added work. The City and the contractor have agreed to an additional seventy days to bring substantial completion to January 31, 2009. Budget & Financial Summary: Funds are budgeted and available in the General Government Capital Improvement Projects Fund as part of the Police Department Renovations Project. The current project budget is $3,686,000.00. Funds in the amount of $3,046,725 have been expended or committed to date, leaving a balance of $639,275. Attachments: 1. Change Order No. 7 56 57 January 8, 2009 Consent Agenda Item 2L Project Number WF1017719 Southwest Parkway Sanitary Sewer Line Replacement To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion on a Construction Contract with D&S Contracting, Inc., in the amount of $136,050.20, for the construction of the Southwest Parkway Sanitary Sewer Line Replacement Project. Recommendation(s): Staff recommends approval of the construction contract. Summary: The scope of the Southwest Parkway Sanitary Sewer Line Replacement Project is for replacement of approximately 1,100 linear feet of 6” vitrified clay tile sanitary sewer line. With the projected construction budget of $136,050.20, D&S Contracting, Inc. was selected to construct the project because they were the lowest responsible bidder in response to the city’s solicitation of bids. Budget & Financial Summary: The budget for this project is currently $300,000.00. A total of $11,493.70 has been expended to date for advertising and design, leaving a balance of $288,506.30. The P.O. for the project construction is $136,050.20. This item replaces the standard terms, conditions and specifications that were attached to the P.O. with those in the Construction Contract and requires no additional funds. Attachments: 1.) Resolution 2.) Project Location Map 58 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE SOUTHWEST PARKWAY SANITARY SEWER LINE REPLACEMENT PROJECT. WHEREAS, the City of College Station, Texas, solicited bids for the construction of the Southwest Parkway Sanitary Sewer Line Replacement; and WHEREAS, the selection of D&S Contracting, Inc. is being recommended as the lowest responsible bidder; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that D&S Contracting, Inc. is the lowest responsible bidder PART 2: That the City Council hereby approves the contract with D&S Contracting, Inc. for an amount not to exceed $136,050.20 for the labor, materials and equipment required for the improvements related to the Southwest Parkway Sanitary Sewer Line Replacement Project. PART 3: That the funding for this Contract shall be as budgeted from the Water Services Fund in the amount of $136,050.20. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2009. ATTEST: APPROVED: City Secretary MAYOR APPROVED: City Attorney 59 Southwest Parkway Wastewater Project W E L S H A V E GLADE ST S O U T H W E S T P K W Y L A N G F O R D S T L A U R A L N L A W Y E R S T N U EC ES D R H A I N E S D R C A U DIL L S T O R R S T H A R V EY M I T C H E L L PK W Y S M E D I N A D R L E O N A D R B E E C R E E K D R G U A D A L U P E D R H O N D O D R D E X T E R D R S W I N D I N G R D C H RIS TIN E L N B A L C O N E S D R A N D E R S O N S T B O S W E L L S T L E M O N T R E E L N M A D E R A C I R A N G E L I N A C T T R I G G E R S T Y E L L O W H O U S E C I R G U N S MITH ST S A BIN E C T A R B O L ES C I R R I D G E F I E L D C I R N R I D G E F I E L D C I R S P O T O M A C P L N O R T H B A R D E L L C T M E D I N A D R LA N G F O R D ST L E O N A D R Southwest Parkway Sewer Line Rehabilitation Project 60 January 8, 2009 Consent Agenda Item 2M Replacement Parts for Sanitation Trucks To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion to authorize additional expenditures of $25,000.00 for the purchase of replacement parts and/or components for existing sanitation trucks from Heil of Texas, making the annual estimated expenditure for Heil of Texas $74,950.00. Recommendation(s): Staff recommends approval of annual expenditures of $74,950.00 with Heil of Texas. Summary: On May 27, 2008, the Purchasing Department issued a blanket purchase order to Heil of Texas in the amount of $49,950.00 for the purchase of replacement parts. That PO did not require Council approval because the amount was less than $50,000. We estimate that actual annual costs for repair parts will total $74,950. Increasing the PO beyond $50,000 requires Council approval. The amount of $74,950 is consistent with Heil parts purchases in prior years. Purchases for replacement parts and components for existing Heil equipment are exempt from competitive bidding under article 252.022 (a) (7) (D) General Exemptions in the 2008 Texas Local Government Code which states exemptions for: “A procurement of items that are available from only one source, including captive replacement parts or components for equipment”. Budget & Financial Summary: As of December 16, 2008, $36,089.16 has been expended with only $13,860.84 remaining for purchases through May 26, 2009. The additional $25,000.00 is a sufficient increase to extend the purchase order until that date. The money requested is budgeted in the fleet maintenance account number 227-4433-599- 2290. This account is used to repair all city vehicles. Heil of Texas is the only vendor for parts for our sanitation trucks. 61 January 8, 2009 Consent Agenda Item 2n Support of Legislative Funding for the Enhancement of Public Transportation Including Rail Relocation To: Glenn Brown, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action and discussion supporting legislative action to create programs and provide funding for the enhancement of public transportation including relocation of freight rail lines. Recommendation(s): The Council Transportation Committee passed a motion that a resolution of support be sent to the City Council for consideration. Summary: This item is brought forward at the request of the Council Transportation Committee. Ross Milloy, Interim Executive Director of the Austin San Antonio Intermunicipal Commuter Rail District, gave a presentation at the September CTC meeting on the Texas Rail Relocation and Improvement Association. This is a statewide association of municipal, county and state elected officials, groups, and concerned Texans; however, the primary focus of this effort is in the Interstate 35 Corridor. The Texas Legislature passed the Rail Relocation and Improvement Fund to relieve congestion, improve air quality, and enhance economic development. The goal of the association is to urge the Texas Legislature to appropriate $200 million per year into the Rail Relocation and Improvement Fund, which will be used to improve rail service thus getting more cargo shipped by rail and less by truck. This resolution would reaffirm that the City supports legislative action that would create and fund programs enhancing public transportation in the State, including rail relocation. Budget & Financial Summary: N/A Attachments: 1. Rail Resolution 2. Council Transportation Committee Minutes 62 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SUPPORTING LEGISLATIVE ACTION TO CREATE PROGRAMS AND PROVIDE FUNDING FOR THE ENHANCEMENT OF PUBLIC TRANSPORTATION INCLUDING RELOCATION OF FREIGHT RAIL LINES. WHEREAS, freight and passenger mobility is critical to the economic prosperity and quality of life in the state of Texas; and, WHEREAS, freight rail traffic moves fastest and safest in areas with fewer at-grade crossings; and, WHEREAS, in its present state the transportation system in Texas is a major consumer of natural resources and a major source of air, water, and noise pollution; and WHEREAS, the state's population has grown by 57% and the total passenger miles driven rose by 95% over the past 25 years, but highway lane miles increased by just 8% over the same period; and WHEREAS, the congested transportation system creates approximately $60.8 billion dollars in added costs; and, WHEREAS, the present system of inter-city freight rail lines adds to the traffic congestion and hampers efforts to develop a centralized, inter-city commuter rail line; and, WHEREAS, the creation of a centralized, inter-city commuter rail line will address some of the critical transportation issues facing this century; and WHEREAS, freight rail traffic and commuter rail are often mutually exclusive on the same rail lines; and, WHEREAS, failure to address critical transportation needs will hamper economic stability in the State; and, WHEREAS, the Texas Department of Transportation estimates that freight-movement trucking is increasing nationwide by 2% per year, increasing by 6% per year statewide, but increasing by 15% per year in the Austin-San Antonio Corridor; and WHEREAS, the Texas Legislature will consider funding and policy matters for multiple aspects of the state’s transportation infrastructure during the legislative session that begins in January, 2009; and 63 RESOLUTION NO. _________________ Page 2 WHEREAS, the Legislature of the State of Texas has passed and the public has approved by election the constitutional amendment creating the Texas Rail Relocation and Improvement Fund; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the Mayor and City Council of the City of College Station, Texas, support legislative action that would create and fund programs that would enhance public transportation in the State. PART 2: That the Mayor and City Council of the City of College Station, Texas, urge the Texas Legislature to fund rail relocation efforts during the coming legislative session as an essential component of helping to meet the state’s overall transportation infrastructure needs. ADOPTED this _______ day of ________________________, A.D. 2009. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary Mayor APPROVED: _____________________________ City Attorney 64 Transportation Committee Chair Lynn McIlhaney Members John Crompton Michael Parks Dennis Maloney Linda LaSut Dennis Christiansen Bryan Wood Douglas Slack Jean Marie Linhart Council Transportation Committee Meeting College Station City Hall, 1101 Texas Avenue Administrative Conference Room College Station, Texas Notes from Tuesday, September 21, 2008 at 4:30 p.m. 3. Presentation, possible action, and discussion regarding the Texas Rail Relocation and Improvement Association. Ross Milloy, Interim Executive Director of the Austin San Antonio Intermunicipal Commuter Rail District, gave a presentation on the Texas Rail Relocation and Improvement Association, which is a statewide association of municipal, county and state elected officials, groups, and concerned Texans. The anticipated number of large trucks on Texas highways is expected to increase by 15 percent. However, moving cargo by rail can significantly decrease the number of trucks. The Texas Legislature passed the Rail Relocation and Improvement Fund to relieve congestion, improve air quality, and enhance economic development. The goal of the association is to urge the Texas Legislature to appropriate $200 million per year into the Rail Relocation and Improvement Fund, which will be used to improve rail service thus getting more cargo shipped by rail and less by truck. Committee member Dennis Maloney suggested that Mr. Milloy also consider incorporating the Texas T-bone into the plans to garner further support of the association and accomplish two transportation improvements at once. Committee member Dennis Maloney moved that a resolution of support be sent to the City Council for consideration and Committee member Linda LaSut seconded the motion. The motion passed unanimously. 65 January 8, 2009 Regular Agenda Item Approval of a Contract Amendment for the Mayor’s Council on Physical Fitness Grant Contract To: Glenn Brown, City Manager From: Marco A. Cisneros, Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion on an amendment to the contract with the Texas Department of State Health Services for the Mayor’s Council on Physical Fitness Grant Contract. Recommendation(s): Staff recommends approval of the Contract Amendment as proposed. Summary: In March of 2008, a grant proposal was submitted to the Governor’s Advisory Council on Physical Fitness for the establishment of a Mayor’s Council on Physical Fitness (MCPF). This was a seed money grant with no City matching funds required. The City received notification the last week of April 2008 that the City had been awarded a grant for the inventory/assessment/evaluation Phase I work. A contract for the grant in the amount of $23,280 was routed to the City Manager’s Office, signed and returned to Texas Department of State Health Services (DSHS). The initial charge of the MCPF and the related Phase I work plan was to complete an assessment of available fitness opportunities open to the public in the community. The focus of this initial assessment was walkability around elementary schools and selected park facilities. Additionally, an inventory and identification of exercise and fitness opportunities for the community was included in this Phase I work plan. The proposed contract amendment for the Phase II work plan increases the contract amount by $50,000 for a total contract of $73,280, thus requiring City Council approval. The Phase II work plan is for the implementation or program stage of the grant. These funds are for printing informational brochures, development of a “Walking Health Fair”, advertising activities, expanding the walkability and bikability study and temporary personnel expenses as needed to complete all of the above. DSHS has requested that the Phase II work plan be considered as a contract amendment instead of as a new contract since it is a continuation of the original state grant process. Given that this grant is a state grant, it is exempt from the competitive bidding procedures, and the standard 25% increase in contract amount requirements do not apply. The original contract is on file in the City Secretary’s office. Budget & Financial Summary: This is a reimbursement state grant in an amount not to exceed $73,280. There is no City match required. A contingency transfer may be required to cover initial grant related expenditures prior to reimbursement from the state. The state will not fund a third year for this program’s activities past the first two years of funding. Future funding for these activities would need to be addressed as a part of the City’s normal budget process. Attachments: 1. Texas Department of State Health Services Contract - on file in the City Secretary’s Office 2. Texas Department of State Health Services Contract Amendment to the Mayor’s Council on Physical Fitness Grant Contract. 66 67 68 69 70 71 72 January 8 2009 Regular Agenda Item 2 Northgate Appearance and Code Enforcement To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning and Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion regarding Northgate appearance and code enforcement efforts. Recommendation: Staff recommends Council provide further direction to staff regarding further code development, code revisions, code enforcement practices, or other actions necessary to address Council concerns. Summary: At the September 11, 2008 meeting the Council requested a future agenda item to discuss concerns with the physical appearance of Northgate and current code enforcement practices. Specific concerns stated included: · General poor appearance of west side of district · Parking occurring on gravel surfaces · Lack of code enforcement (both building and other) · Presence of rubbish and debris in district · Use of large trash containers with no or inadequate screening · Incomplete work surrounding recent development projects Recently, in light of these and other concerns staff has undertaken a series of actions that will be discussed further at the workshop which include: · Enhanced and targeted code enforcement · Enhanced public maintenance of district · Partnerships among city departments to address property maintenance issues · Specific building code enforcement actions · Completion of development projects · Partnerships among city departments to address concerns associated with construction practices Some concerns remain unresolved and may need further action by Council including revisions to current practices and/or standards and regulations. Budget & Financial Summary: NA Attachments: NA 73 C:\DOCUME~1\chooks\LOCALS~1\Temp\Coversheet .docx January 8, 2009 Regular Agenda Item 3 Northgate Maintenance Plan To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action, and discussion regarding a proposed maintenance plan for the Northgate Commercial District. Recommendation(s): Staff recommends approval of the maintenance plan. Summary: In October of 2008, the Department of Economic and Community Development assumed responsibility for developing a long-term plan to better address the overall appearance of the public areas and assets in Northgate. The overall intent of this plan is to be more strategic and seek to maximize the very limited pool of available resources. The plan staff has developed to better address the maintenance needs of Northgate highlights four (4) key components that are believed to be critical for the long-term success of this endeavor. They are as follows: 1. General Solid Waste Management; 2. Bird Management and Associated Maintenance; 3. Maintenance of Property Assets; including: a. the Surface Parking Lot b. Patricia Street Promenade c. Second Street Promenade d. First Street/Old City Hall e. Spruce Street Park 4. Private Sector Engagement & Potential Partnership. In regards to available resources, the City currently administers a $21,000 sanitation contract that addresses the University Drive trash receptacles, Patricia Street Promenade, Second Street Promenade, and the Surface Parking Lot. After conducting a detailed study of this contract and its application, staff has determined that the current maintenance contract is woefully inadequate to maintain the Northgate District at the level consistent with City goals and expectations. Staff continues to refine desired service levels and is currently preparing to bid a new contract to secure the newly established appropriate level of service. In addition, staff has identified a number of additional challenges that undermine the overall image of Northgate. Challenges include a major infestation of birds creating ongoing noise and sanitation problems and graffiti and vandalism present ongoing integrity issues for the area as well. In response, staff has investigated a number of techniques to better address these challenges including several new bird eradication methods and a community service program that will target those who commit offenses and/or crimes in Northgate to have them actually work in Northgate as part of their court-mandated community restitution. 74 C:\DOCUME~1\chooks\LOCALS~1\Temp\Coversheet .docx Finally, staff continues to explore a new public/private partnership model that would allow area merchants to join the City to more comprehensively address on-going maintenance issues in the district. Budget & Financial Summary: Currently, the City spends approximately $21,000 for a contractor to address litter removal, emptying of trash receptacles, washing down trash receptacles and park benches, washing down promenades, overhead structures, and compacting area; as well as an annual degreasing of the surface lot. Staff has determined that this contract is insufficient to effectively maintain the area. In addition to the current $21,000 sanitation contract, the Council recently approved an increase of $14,000 for enhancement to general maintenance contract and another $14,800 for on-going mowing and trash removal of the First Street property. Further, Parks and Recreation staff report that they allocate approximately $11,000 for mowing and trash removal of the Spruce Street Park and Public Works annually spends $12,480 operating the street sweeper in Northgate. The total cost for an adequate level of Northgate maintenance will not be known until final service levels are set and associated contract bids are received. Attachments: 75 January 8, 2009 Regular Agenda Item 4 City Website To: Glenn Brown, City Manager From: Wayne Larson, APR, Communications Director Agenda Caption: Presentation, possible action and discussion regarding an overview of a planned new website for the City. Recommendation(s): This is an informational item. No action is needed. Summary: The Public Communications Department and the Information Technology Department has partnered to develop the city’s new website. The website aligns with these City Council Strategic Issues: · Effective Communications · Destination Place to Live and Work · Exceptional Infrastructure and Core Services · Diverse Growing Economy · Neighborhood Integrity · Green College Station The features of the new website will include: · Enhanced homepage · New navigational dropdowns · Rotating photographs · More-efficient links for top destinations of website users · Efficient ways to communicate The city will launch the new site in early 2009 based upon input from residents through the 2007 Citizen Congress, input from city departments through department PIOs, recommendations from the website consultant; plus additional input will be obtained from residents after initial launch, through a special website public meeting and presentation at a HOA Seminar Supper. A brief overview of the website will be provided. Budget & Financial Summary: Funds were budgeted in FY08 for this project. Attachments: N/A 76 January 8, 2009 Regular Agenda Item 5 Appointment of Chair to Landmark Commission To: Glenn Brown, City Manager From: Connie Hooks, City Secretary Agenda Caption: Presentation, possible action, and discussion regarding the City’s appointment of a chair to the Landmark Commission. Recommendation(s): N/A Summary: On November 24, 2008, the City Council appointed members to the newly- created Landmark Commission. The Landmark Commission was created to provide expertise regarding historic preservation as it relates to zoning and development. Staff is requesting the City Council appoint a Committee Chair from the existing members. Attachments: 1. Membership List 77 Landmark Commission (7 members, 2 alternates) Staff Liaison: Molly Hitchock Name Original Appt. Address Phone Shawn Carlson 6/11 (History Field) 2008 1031 Rose Circle College Station 77840 694-1522 (H) Bill Lancaster 6/12 (Property owner with Historic Marker and property platted prior to 1970) 2008 303 Dexter College Station 77840 696-5286 (H) Scott Shafer 6/10 (Property owner with Historic Marker and property platted prior to 1970) 2008 117 Pershing Avenue College Station 77840 696-6379 (H) Joseph Williams 6/12 (Architect) 2008 1404 Riverstone Court College Station 77845 696-6759 (H) Rodney Hill 6/10 (Architect) 2008 119 Lee Avenue College Station 77840 696-9686 (H) Wajahat Mirza 6/11 (Real Estate) 2008 610 Welsh College Station 77840 575-8172 (H) Hillary Jessup (Chairman Historic Preservation Committee) 2008 115 Lee Avenue College Station 77840 693-1749 (H) Gaines West 6/12 (Alternate: Law) 2008 200 Suffolk College Station 77840 229-1984 (H) Jerry Cooper 6/12 (Alternate: property platted prior to 1970) 2008 602 Bell Street College Station 77840 696-3963 (H) 78 Duties and Responsibilities 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. Membership The Landmark Commission shall consist of seven regular members and two alternate members. Six of the regular members and the two alternate members shall be appointed by the City Council. The seventh regular member shall be the Chairman of the Historic Preservation Advisory Committee or his designee. The members of the Board shall be appointed for three year terms. Following initial appointments and staggered terms, two members shall be appointed each year. Council shall appoint the following to the Landmark Commission: a. One member shall represent one of the following fields or professions: 1) History 2) Archaeology b. Two 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 c. Two members shall represent any combination of the following fields or professions 1) Architecture 2) Landscape architecture 3) Urban planning 4) Historic preservation specialist d. One member shall represent one of the following fields or professions: 1) Banking, finance or economics 2) Real estate 3) Law e. The two alternates may represent any of the fields identified above; at least one alternates has to be an owner of property with a marker or a property owner of land platted prior to 1970. Meetings On call by chairman. Authority City Ordinance No. 3110 adopted on September 11, 2008 79