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04/09/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Phone: 888 475 4499 and Enter Meeting ID: 174 248 177 Internet:  https://zoom.us/j/174248177 City Hall Council Chambers April 9, 2020 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request. Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 4 p.m. on the day of the meeting. To  register the individual must provide a name and phone number by calling 979­764­3500 or emailing  CSO@cstx.gov prior to the start of the meeting. To submit written comments to the Council email  CSO@cstx.gov and they will be provided at the meeting. Upon being called to speak an individual  must state their name and city of residence, including the state of residence if the city is located out  of state. Speakers are encouraged to identify their College Station neighborhood or geographic  location.  Each  speaker’s  remarks  are  limited  to  three  (3)  minutes.  Any  speaker  addressing  the  Council through the use of a translator may speak for six (6) minutes. At the (3) minute mark the  City Secretary will announce that the speaker must conclude their remarks.  2.Presentation Proclamation declaring April 6th through 12th as National Public Health Week. Proclamation declaring April 13th through 19th as National Community Development Week. Proclamation declaring April 19th through 25th as National Library Week. 3.Hear Visitors During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker,  ask  staff  to  look  into  the  matter,  or  place  the  issue  on  a  future  agenda.  Topics  of  operational concern shall be directed to the City Manager.  4.Consent Agenda During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item.  Presentation,  discussion,  and  possible  action  on  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.  Page 1 of 86 City Council City Council Regular Page 2 April 9, 2020 4.1.Presentation, discussion, and possible action of minutes for: • March 9, 2020 Workshop Meeting • March 9, 2020 Regular Meeting • March 23, 2020 Special Meeting • March 30, 2020 Special Meeting Sponsors:Tanya Smith Attachments:1.WKSHP030920 DRAFT Minutes 2.RM030920 DRAFT Minutes 3.SM032320 DRAFT Minutes 4.SM033020 DRAFT Minutes 4.2.Presentation,  discussion,  and possible  action  on  approving  annual  water  meter  purchases  from  Aqua  Metric  Sales  Company  through  the  Houston­Galveston  Area  Council  (HGAC)  contract  (#WM08­18).   Based  on  the  attached  contract  unit  pricing,  the  estimated  annual  expenditure for water meters is: $174,427.77. Sponsors:Mary Ellen Leonard Attachments:1.2020 Quote Aqua­Metric 4.3.Presentation, discussion, and possible action regarding an ordinance amending Chapter 38,  “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38­1014 “Traffic Schedule XIV,  "No Parking Here to Corner and No Parking at Any Time,” of the Code of Ordinances, by  removing parking on the alley generally located south of the 200 block of Patricia Street and  north of the 200 block of University Drive. Sponsors:Debbie Eller Attachments:1.1 ­ Ordinance Revision ­ No Parking Anytime in NG Alley 2.2 ­ Location Map ­ No Parking Anytime 4.4.Presentation, discussion, and possible action regarding the approval of a contract between the  City of College Station and McCord Engineering, Inc. not to exceed the amount of $710,000  for  the  purpose  of  providing  engineering  services  for  the  design,  construction,  and  project  management of the Spring Creek Substation T­3 Ring Bus Addition. Sponsors:Timothy Crabb Attachments:1.Contract available in City Secretary Office. 4.5.Presentation, discussion, and possible action on amending the General Service Contract with  Emergicon, LLC to add the Texas Ambulance Supplemental Payment Program. Sponsors:Mary Ellen Leonard Attachments:1.Emergicon Amendment TASPP Page 2 of 86 City Council City Council Regular Page 3 April 9, 2020 4.6.Presentation, discussion, and possible action regarding a resolution approving an agreement  in the amount of $155,229.70 between the City of College Station and the State of Texas,  acting through the Texas Department of Transportation (TXDOT) for the city's participation in  the cost of acquiring the right of way and relocating or adjusting utilities for the improvements  to FM 2818 from north of FM 60 to FM 2154. Sponsors:Emily Fisher Attachments:1.FM 2818 LPA Funding Letter to Mayor 2.resolution ROW agreement FM 2818 3.FM 2818 LPA Fixed Agreement to Contribute ROW Funds Fixed Price V1.00 4.FM 2818 Attachment C Sheet 4.7.Presentation, discussion, and possible action regarding approval for a construction contract in  the amount of $1,511,812 for the East Side Sewer Service Project with Kieschnick General  Contractors, Inc. Sponsors:Emily Fisher Attachments:1.Bid tabulation RFP 20­016 Summary_Tabulation 2.Project Location Map ­ East Side Sewer Extension Exhibit 3.Reimbursement to College Station Agenda Item 4.8.Presentation, discussion, and possible action on resolutions authorizing the Chief of Police as  the authorized official to execute documents necessary for the release of grant funds from the  Office of the Governor Homeland Security Division for police bomb squad equipment and from  the  Office  of  The  Governor  Justice  Assistance  Grant  (JAG)  Program  for  additional  bomb  squad equipment and Police Patrol Bicycles. Sponsors:James Arnold Attachments:1.Homeland Security Grant 3961001 Nano Resolution 2.Homeland Security Grant 4025201 Robot Resolution 3.Criminal Justice Assistance Grant 3790001 Patrol Bicycles Resolution 4.Criminal Justice Assistance Grant 4051901 Nano Resolution 4.9.Presentation, discussion, possible action to approve a resolution by the City Council of the City  of College Station, Texas, directing publication of notice of intention to issue certificates of  obligation, series 2020; and providing an effective date. Sponsors:Mary Ellen Leonard Attachments:1.Notice Resolution (COCS CO Ser 2020) 2.2020 Debt Issue ­ Proposed 3.20.20 5.Regular Agenda During the Regular Agenda an individual may address the City Council on any Regular Agenda  item  including  those  items  not  posted  for  Public  Hearing.  For  those  items  posted  for  a  Public  Hearing. If the City Council needs additional information from the general public after the Public  Hearing is closed some limited comments may be allowed at the discretion of the Mayor.  Page 3 of 86 City Council City Council Regular Page 4 April 9, 2020 5.1.Presentation,  discussion, and  possible  action  on  an  ordinance  approving  a  five  (5)  year  residential  recycling  collection  franchise  agreement  and  general  service  agreement  in  the  amount of $4,542,000 with Brannon Industrial Group, LLC, DBA BVR Waste and Recycling. Sponsors:Donald Harmon Attachments:1.Contract No. 20300291 on file in the City Secretary's Office 5.2.Presentation,  discussion, and  possible  action  regarding  a  renewal  of  a  contract  with  Larry  Young Paving, Inc. in an amount not to exceed $2,872,000 for annual concrete curb, gutter  and flatwork installation to maintain City infrastructure. Sponsors:Donald Harmon Attachments:1.19300312 Renewal Ltr HE 022420 5.3.Presentation, discussion, and possible action on a resolution supporting the Brazos County  Transportation Vision. Sponsors:Donald Harmon Attachments:1.Resolution Transportation Vision 3­10­20 2.Brazos County Transportation Vision Exhibit A 6.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated 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.  7.Adjourn. The City Council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website of the City of College Station at  5:00 p.m. on April 3, 2020.  This  building  is   wheelchair   accessible.   Persons   with   disabilities   who   plan   to   attend   this  meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as  interpreters,  readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979)  764­3541,  TDD  at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business  days  prior  to  the  meeting  so  that  appropriate  arrangements  can  be  made.  If  the  City  does  not  receive  notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a  reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,   City Secretary Page 4 of 86 City Council  City Council Regular Page 5 April 9, 2020 Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 5 of 86 April 9, 2020 Item No. 4.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • March 9, 2020 Workshop Meeting • March 9, 2020 Regular Meeting • March 23, 2020 Special Meeting • March 30, 2020 Special Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP030920 DRAFT Minutes 2.RM030920 DRAFT Minutes 3.SM032320 DRAFT Minutes 4.SM033020 DRAFT Minutes Page 6 of 86 WKSHP030920 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MARCH 9, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 4:00 p.m. on Monday, March 9, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel the College Station City Council convened into Executive Session at 4:00 p.m. on Monday, March 9, 2020 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas Page 7 of 86 WKSHP030920 Minutes Page 2 B. Consultation with attorney to receive legal advice; to wit: Legal advice regarding third-party funding agreements C.Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 5:34 p.m. 3. Reconvene from Executive Session and take action, if any. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to authorize the Mayor to negotiate an amendment to the City Manager’s employment contract with the City to reasonably modify certain terms and conditions and to execute such amendment on behalf of the City. The motion carried unanimously. 4. Presentation, possible action and discussion on items listed on the consent agenda. Item 4.4 was pulled from Consent for clarification. (4.4): Mary Ellen Leonard, Director of Finance, gave a brief explanation of the proposed Continuing Disclosure Policy and Procedures. The document will help ensure the City’s financial disclosures are fair and accurate, comply with all applicable federal and state securities laws, timely satisfy all contractual obligations, and promote best practices relating to financial disclosures. Mrs. Leonard also noted that the policy was prepared in conjunction with the City’s bond council to establish, maintain, and evidence compliance with the City’s internal procedures, promote compliance with federal and state securities laws and assist the City with overall compliance with all of its continuing disclosure undertakings. The City intends to periodically review and modify this document as needed in order to comply with changes in the law or in regulatory requirements to the extent such changes are required or may enhance the City’s performance in this area. 5. Workshop 5.1 Presentation, discussion, and possible action relating to receiving the annual audit reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2019. Anita Dorsey, Financial Reporting Supervisor, noted that the City's budgetary policies require that the auditor jointly review the management letter and audit results with the Council within 30 days of receipt by staff. The City’s overall net position is $677,594,787 with net investments in Capital Assets of $468,651,231. Amanda Eaves, Director with BKD, presented reports related to the annual audit reports and the 2019 CAFR. She noted that there was one finding which is required to be reported by Government Auditing Standards. Specifically, City staff found and corrected and error in 2019 which caused Page 8 of 86 WKSHP030920 Minutes Page 3 the City’s 2018 financial statements to overstate capital assets, net of accumulated depreciation. Staff has implemented policies and procedures designed to address and prevent this circumstance. Mrs. Eaves went on to explain that the audit resulted in the Financial Statement Opinion and the Internal Control over Financial Reporting and on Compliance and Other Matters being “unmodified,” providing the highest level of assurance that the City’s financial statements are properly stated and all material grant requirements have been complied with. Staff did a great job in the work performed and working with the outside Auditor preparing the financial statements. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to accept the annual audit reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2019. The motion carried unanimously. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Harvell reported on the TML Elected Official’s Conference. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 5:58 p.m. on Monday, March 9, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 9 of 86 RM030920 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 9, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 6:07 p.m. on Monday, March 9, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Presentation Presentation proclaiming March 2020 as National Social Work Month. Mayor Mooney presented a proclamation to members of the Brazos Valley branch of the National Association of Social Workers, including Phyllis Turner LCSW –ACSW, Jarett Reynolds, LMSW, NLIC, Lynn Hagan PsyD, LCSW, Fran Duane, Bette Prenoveau LCSW, Sybil Jones LMSW, Amy Mc Namara LMSW, and Mikayla Knight LMSW, to proclaim March 2020 as National Social Work Month. Presentation proclaiming March 10th as Histotechnology Professions Day. Mayor Mooney presented a proclamation to Kelly Mallett, B.S., HT (ASCP), the Advocacy Chairman for the Texas Society of Histotechnology, Amy Ferrell, Debra Neibert, Dr. Jimenez, Rayen Gonzalez, and Rhonda McCormickto, proclaim March 10, 2020 as Histotechnology Professions Day. Page 10 of 86 RM030920 Minutes Page 2 3.Hear Visitors Comments Hugh Lindsey, College Station, spoke on the unsightliness of the debris left on Francis Drive from the previous contractor after the paving work had ceased 4.CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for: February 27, 2020 Workshop Meeting February 27, 2020 Regular Meeting February 28, 2020 Joint Meeting 4.2. Presentation, discussion, and possible action in regards to an award for the annual purchase of Replacement Outdoor Breakers for Substations, which will be maintained in electrical inventory and expended as needed. The total recommended award is for an amount not to exceed $103,150. 4.3. Presentation, discussion, and possible action on bid award for the annual price agreement of electric Single Phase Transformers, which will be maintained in electrical inventory and expended as needed. The total recommended award is for Three Hundred Fifty Eight Thousand, Seven Hundred Seventy dollars and zero cents ($358,770) for the purchase of Electric Single Phase Transformers from KBS Electric Distribution. 4.4. Presentation, discussion, and possible action of Resolution No. 03-09-20-4.4 stating that the City Council has reviewed and approved the City's Continuing Disclosure Policy and Procedures. 4.5. Presentation, discussion, and possible action regarding Resolution No. 03-09-20-4.5 approving an agreement for construction, maintenance and operation of continuous lighting systems between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT). 4.6. Presentation, discussion, and possible action on renewing a General Service Contract with Emergicon, LLC to provide ambulance billing, accounts receivable and delinquent account collection services for an annual not-to-exceed amount of $155,000. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 5.REGULAR AGENDA 5.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4159 vacating and abandoning a portion of a 10-foot and 15-foot Public Utility Easement dedicated in Volume 1887, Page 239, of the Deed Records of Brazos County, Texas and lying within Lot 6A, Block 1 of the Cooner Addition, a subdivision recorded in Volume 124, Page 553, of the Deed Records of Brazos County, Texas. Page 11 of 86 RM030920 Minutes Page 3 Debbie Stickles, Planning and Development, stated that the portion of a 10-foot and 15-foot public utility easement abandonment will accommodate future development of the aforementioned lot lying within Lot 6A, Block 1 of the Cooner Addition, a subdivision. There are currently no existing utilities in the easement. At approximately 6:22 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:22 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4159 vacating and abandoning a portion of a 10-foot and 15-foot Public Utility Easement dedicated in Volume 1887, Page 239, of the Deed Records of Brazos County, Texas and lying within Lot 6A, Block 1 of the Cooner Addition, a subdivision recorded in Volume 124, Page 553, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 5.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4160 amending Appendix A, “Unified Development Ordinance,” Article 4, "Zoning Districts,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from PDD Planned Development District to PDD Planned Development District for approximately 15 acres generally located at the southwest corner of Victoria Avenue and Creek Meadows Boulevard North. Laura Gray, Planning and Development, stated that this request is to change the base zoning from T Townhouse with attached single-family homes to GS General Suburban with detached single-family homes. Ms. Gray explained that this proposal reduces the overall density that would have occurred with attached townhomes by allowing for moderate density detached single-family homes. The development will blend into the surrounding detached single-family residential phases of Creek Meadows. The request proposes to modify the Concept Plan to accommodate for detached single- family home development rather than attached single-family homes (townhomes), and the moderate density single-family home development will blend into the surrounding neighborhoods. The Planning & Zoning Commission heard this item on February 20, 2020 and voted (7-0) to recommend approval of the zoning and associated concept plan. Staff recommends approval. At approximately 6:33 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:33 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4160 amending Appendix A, “Unified Development Ordinance,” Article 4, "Zoning Districts,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from PDD Planned Development District to PDD Planned Development District for approximately 15 acres generally located at the southwest corner of Victoria Avenue and Creek Meadows Boulevard North. The motion carried unanimously. 5.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4161 amending Appendix A, “Unified Development Ordinance,” a. Section 3.3 “Zoning Page 12 of 86 RM030920 Minutes Page 4 Map Amendment (Rezoning),” Section 4.1 “Establishment of Districts,” Section 5.11 “Single- Family Overlay Districts.” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of College Station, Texas, regarding the Neighborhood Conservation Overlay (NCO). Jade Broadnax, Planning and Development, stated that staff created a Neighborhood Conservation (NCO) Process Handbook to assist neighborhoods through the overlay zoning process. The handbook outlines the responsibilities of both the neighborhood and the City during the process, and includes checklists and templates for items such as the rezoning petition, neighborhood meeting agendas, and meeting minutes. Ms. Broadnax explained, as directed by City Council, the proposed NCO ordinance amendments and the NCO Process Handbook were heard by the Planning & Zoning Commission and City Council for feedback during their respective December 5 and December 10, 2019 workshop meetings. The NCO Process Handbook influenced various text amendments to the Unified Development Ordinance (UDO) that must be adopted by Council. The Handbook will serve as a policy guide for citizens and City staff, and will be available for download from the City website. The Planning & Zoning Commission heard this item on March 5, 2020 and voted (6-1) to recommend approval of the zoning and associated concept plan. Staff recommends approval. At approximately 6:58 p.m., Mayor Mooney opened the Public Hearing. Fred Dupriest, College Station, came before Council to recommend eliminating the verification ballot letter results compilation and presentation to Council in the NCO process as property owners may not respond and give the appearance of diluted support. Shirley Dupriest, College Station, came before Council to state that in her experience with the old NCO process resending and adding signatures did change the percentages, but only slightly and not the overall result. There being no further comments, the Public Hearing was closed at 7:12 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted five (5) for and one (1) opposed, with Mayor Mooney voting against, to approve the Neighborhood Conservation Overlay (NCO) process with the modification of moving the committee petition draft prior to the mail notice for meeting two (2) and remove the verification process. The motion carried. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4161 amending Appendix A, “Unified Development Ordinance,” a. Section 3.3 “Zoning Map Amendment (Rezoning),” Section 4.1 “Establishment of Districts,” Section 5.11 “Single-Family Overlay Districts.” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of College Station, Texas, regarding the Neighborhood Conservation Overlay (NCO). The motion carried unanimously. 5.4 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4162 amending Appendix A, “Unified Development Ordinance,” Section 5.2, “Residential Page 13 of 86 RM030920 Minutes Page 5 Dimensional Standards,” Section 5.6, “Retired Dimensional Standards,” Section 6.5, “Accessory Uses,” and Section 11.2, “Defined Terms,” relating to impervious cover. Anthony Armstrong, Planning and Development, stated that the purpose of these amendments is to implement a maximum percentage impervious cover requirement for residential development. The amendments will address growing concerns regarding lot-by-lot redevelopment in older neighborhoods. Mr. Armstrong explained that these areas tend to lack modern drainage and detention measures and have created drainage concerns when lots have been excessively covered with impervious surfaces. The UDO currently has no impervious surface limitations, which allows for the entirety of a lot to be covered with impervious surfaces. These amendments will apply to both existing and new subdivisions based on the lot’s zoning district unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study approved by the City Engineer or their designee. The Planning and Zoning Commission heard this item at their February 20, 2020 meeting and voted 4-3 to recommend approval of the amendment. Staff recommends approval. At approximately 7:50 p.m., Mayor Mooney opened the Public Hearing. Austin McKnight, College Station, came before Council to request this ordinance to not be approved as written. Mr. McKnight is not completely opposed to the ordinance written but believes that the ordinance will have unintended consequences and should be vetted with the community and brought back. Dennis McMillin, College Station, came before Council to request this ordinance not be approved but postpone and revisit after some kind of study has been completed on streets, drainage, and other related infrastructure. Walter Cox, College Station, came before Council to request this ordinance not be approved and sent back to Planning and Zoning Commission for clarification. Scott Hancock, College Station, came before Council to ask them to look at the proposed impervious cover percentages and the impact to small lots. He believes that the current percentages will result in drastically reduced home sizes to accommodate the requirements. Kurt Fisher, College Station, state that this ordinance will affect all residents and feels that not all residents were notified regarding the amendments to implement a maximum percentage impervious cover requirement for residential development. He stated that the Planning and Zoning Commission barely passed this proposed ordinance and thus believes that the City should investigate potential concerns and perform a closer examination of individual circumstances. Charlie White, College Station, stated he has built homes in Southside and spoke on his experience with the drainage plan in College Station. It is not clear to him that this will address the concern and would suggest a study on the issue. There being no further comments, the Public Hearing was closed at 8:11 p.m. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Harvell, the City Council voted one (1) for and five (5) opposed, with Councilmembers Maloney, Harvell, Nichols, Crompton, and Brick voting against, to postpone to the next Council meeting, Ordinance Page 14 of 86 RM030920 Minutes Page 6 No. 2020-4162 amending Appendix A, “Unified Development Ordinance,” Section 5.2, “Residential Dimensional Standards,” Section 5.6, “Retired Dimensional Standards,” Section 6.5, “Accessory Uses,” and Section 11.2, “Defined Terms,” relating to impervious cover. The motion failed. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted four (4) for and two (2) opposed, with Mayor Mooney and Councilmember Harvell, to adopt Ordinance No. 2020-4162 amending Appendix A, “Unified Development Ordinance,” Section 5.2, “Residential Dimensional Standards,” Section 5.6, “Retired Dimensional Standards,” Section 6.5, “Accessory Uses,” and Section 11.2, “Defined Terms,” relating to impervious cover. The motion carried. 5.5 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4163 amending Chapter 8, “Businesses,” Article VIII “Mobile Food Vendors” of the Code of Ordinances. Rachel Lazo, Planning and Development, stated that the purpose of this amendment is to clarify existing application requirements regarding location, fire prevention, solid waste, and wastewater disposal. The modifications will simplify the application and renewal process, and bring the permit denial, suspension, revocation, and appeal processes into compliance with other permit types. These amendments apply to both new and renewing Mobile Food Vendor applications. At approximately 8:36 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:36 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4163 amending Chapter 8, “Businesses,” Article VIII “Mobile Food Vendors” of the Code of Ordinances. The motion carried unanimously. 5.6 Presentation, discussion, and possible action regarding approval of Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Core Construction accepting the Guaranteed Maximum Price (GMP) of $1,332,208 for site improvements for the new city hall project. Emily Fisher, Assistant Director of Public Works, stated that this amendment to the current construction manager at risk contract with Core Construction, accepting the guaranteed maximum price, includes all needed site work for the new city hall project. Mrs. Fisher explained, that this includes earthwork, site utilities, and storm-water pollution prevention, and there will be a second amendment (presented to Council in April) which will include the GMP for the building construction, dry utilities, and paving work. The new city hall will be a three story, 79,000 square foot facility incorporating several departments into one central location. Work is scheduled to commence after approval of this contract amendment and is anticipated to be completed in 2022. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Core Construction accepting the Guaranteed Maximum Price (GMP) of $1,332,208 for site improvements for the new city hall project. The motion carried unanimously. Page 15 of 86 RM030920 Minutes Page 7 5.7 Presentation, discussion, and possible action regarding approval of a contract with Larry Young Paving, Inc. in the amount of $2,639,117 for the construction of the Francis Drive Rehabilitation Project. Emily Fisher, Assistant Director of Public Works, stated that the Francis Drive Rehabilitation Project, Phase 1 & 2 Rebid consists of the replacement of the pavement of Francis Drive with concrete from Munson to Shady Ln (Ph. 1 remaining) and Walton to Munson (Ph. 2). The project also includes replacement of the existing sidewalk with 8-ft sidewalk, water, wastewater and drainage improvements within the project area. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve contract with Larry Young Paving, Inc. in the amount of $2,639,117 for the construction of the Francis Drive Rehabilitation Project. The motion carried unanimously. 6.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated 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. Councilmember Harvell requested a future agenda item on the City’s tree preservation ordinance and changes that could be made to strengthen or incentives its provisions. Councilmember Crompton requests a future agenda item to discuss the review calendar of the comprehensive plan, before the revised plan is put out for public comment. Councilmember Crompton requests a future agenda item from staff examination of the costs of establishing various direct sales offices and additional investments in digital marketing along with the potential of using HOT taxes for these projects. Councilmember Maloney requests a future agenda item reviewing tourism public improvement districts. Councilmember Maloney requests a future agenda item to discuss possible bills related to local taxes in the next state legislative session. 7.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 9:17 p.m. on Monday, March 9, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 16 of 86 SM032320 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION MARCH 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Mooney at 3:03 p.m. on Monday, March 23, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 3:03 p.m. on Monday, March 23, 2020, in order to continue discussing matters pertaining to: A. Consultation with attorney to receive legal advice; to wit: Legal advice regarding special election runoff to elect City Councilmember Place. B.Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager City Secretary Executive Session recessed at 4:20 p.m. Page 17 of 86 SM032320 Minutes Page 2 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Special Agenda 4.1. Presentation, discussion, and possible action regarding the extension of the City’s Declaration of Disaster. Bryan Woods, City Manager, stated that on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency from COVID-19. The proclamation was amended March 18, 2020, to include an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services, and limiting gatherings to less than ten (10) people. Mr. Woods explained that the Texas Government Code provides that a local state of disaster may not be continued for a period of more than seven (7) day without the consent of the governing body of the political subdivision. Therefore, this Extension of Disaster Ordinance will continue the existing state of disaster until terminated by the College Station City Council. At approximately 4:30 p.m., Mayor Mooney opened the Citizens Comments. Dennis Arce, College Station, stated that he plans on filing a lawsuit against the City of College Station and their unethical actions with the COVID-19. Cindy Giedraitis, College Station, came before Council to make sure that any College Station Extended Shelter in Place will use the CISA attached: Cybersecurity and Infrastructure Act and Fire Code Safety. There being no further comments, the Citizens Comments was closed at 4:36 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted seven (6) for and none (0) opposed, adopt Ordinance No. 2020- 4164 to the extension of the City’s Declaration of Disaster until terminated by the College Station City Council. The motion carried unanimously. 5. Adjournment There being no further business, Mayor Mooney adjourned the Special Meeting of the College Station City Council at 4:37 p.m. on Monday, March 23, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 18 of 86 SM033020 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION MARCH 30, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Mooney at 3:03 p.m. on Monday, March 30, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 3:03 p.m. on Monday, March 30, 2020, in order to continue discussing matters pertaining to: A. Consultation with attorney to receive legal advice; to wit: Legal advice regarding third party funding agreements. B.Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 4:43 p.m. 3. Reconvene from Executive Session and take action, if any. Page 19 of 86 SM033020 Minutes Page 2 No vote or action was taken in Executive Session. 4. Special Agenda 4.1. Presentation, discussion, and possible action regarding the approval of program guidelines the CDBG Economic Assistance Grant Program. Debbie Eller, City Manager, stated that staff has worked to create a Economic Assistance Grant Program to be funded with Community Development Block Grant funding. This program is meant to assist Micro-Enterprises and Small Businesses located within the city limits of College Station who have experienced financial hardships due to the COVID-19 Declarations and Orders. This program in intended to prevent the loss of jobs for low-to-moderate income employees. The application for funding will include basic information about the business before and after the implementation of the COVID-19 declarations, including financial documents, employee information, and their willingness to comply with local, state, and federal requirements. Funds will be disbursed in four installments, with the first distributed after the agreement is executed. Subsequent payments will be made following the submission of payroll documentation showing that the funding has helped retain jobs. Also, $50,000 was approved for Economic Development activities in the 2019-2020 Annual Action Plan. Staff recommends an amendment to the Community Development Budget to move $234,158 from Acquisition to Economic Development. This amendment can be completed with City Manager approval according to Fiscal Policies. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted seven (6) for and none (0) opposed, to approve the program guidelines the CDBG Economic Assistance Grant Program. The motion carried unanimously. 4.2. Presentation, discussion, and possible action on an ordinance of the City Council of the City of College Station postponing the municipal runoff election to be held April 18, 2020, for the purpose of electing City Councilmember Place 4 by the qualified voters of the City of College Station due to factors relating to COVID19; postponing early voting and other matters relating to such special election; authorizing the establishment of a subsequent special election date; and containing other provisions related to the subject matter. Tanya Smith, City Secretary, stated this ordinance is to postpone the April 18, 2020 Special Runoff Election to the November 2020 general election date or to such earlier date that may be approved by the Governor of the State of Texas or by some other legally acceptable mechanism. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Brick, the City Council voted seven (6) for and none (0) opposed, adopt Ordinance No. 2020-4165 to postpone the municipal special election run off for the purpose of electing City Councilmember Place 4 by the qualified voters of the City of College Station due to factors relating to COVID19 from April 18, 2020, by postponing to the earliest date approved by the Governor of the State of Texas or to no later than the November 2020 general election date, if an earlier date is not possible. The motion carried unanimously. 4.3. Presentation, possible action, and discussion regarding an ordinance consenting and approving Order Number Two Under Mayoral Declaration of Local State of Disaster Due to Public Health Emergency proclaimed by the Mayor on March 23, 2020. Page 20 of 86 SM033020 Minutes Page 3 Bryan Woods, City Manager, stated that on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and the conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist; and the Council needs to consent and approve the Second Mayoral Order. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted seven (6) for and none (0) opposed, adopt Ordinance No. 2020- 4166 to consenting and approving Order Number Two Under Mayoral Declaration of Local State of Disaster Due to Public Health Emergency proclaimed by the Mayor on March 23, 2020. The motion carried unanimously. 4.4. Presentation, discussion, and possible action regarding authorizing the City Manager and his designees to investigate and possibly implement the deferment of the collection of hotel occupancy taxes for a specified period of time. Natalie Ruiz, stated that staff is exploring the possibility of deferring required Hotel Occupancy Tax payments to a future date. Due to the impacts and response to the COVID-19 virus, local hotel occupancy has been reduced substantially. A tax collection policy is being considered that will defer the required payment to a future date to be determined. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Harvell, the City Council voted seven (6) for and none (0) opposed, to authorize the City Manager and his designees to investigate and possibly implement the deferment of the collection of hotel occupancy taxes for a specified period of time. The motion carried unanimously. 5. Adjournment There being no further business, Mayor Mooney adjourned the Special Meeting of the College Station City Council at 5:28 p.m. on Monday, March 30, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 21 of 86 April 9, 2020 Item No. 4.2. Annual Water Meter Inventory Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract (#WM08-18). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $174,427.77. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends approval to purchase water meters from Aqua Metric Sales Company through the HGAC contract. Summary: Water meters will be purchased, stocked in the Water/Wastewater inventory, and expensed as necessary for the ongoing water meter replacement program. Aqua Metric Sales Company is the HGAC contract dealer for Sensus IPERL and OMNI water meters. Products and services offered through HGAC have been subjected to either the competitive bid or competitive proposal format based on Texas statutes under the Local Government Code Chapter 252. Budget & Financial Summary: Funds are budgeted and available in the Water/Wastewater Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.2020 Quote Aqua-Metric Page 22 of 86 Sales Quote QT00000829 Aqua-Metric Sales Company February 26, 2020 Kelsey VanCleave 16914 Alamo Pkwy Bldg 2 | SELMA, TX 78154 Phone: (210) 967-6300 | Facsimile: (210) 967-6305 Quote for: Attention: Address: Phone: Email: City, State, Zip:COLLEGE STATION, TX 77842-7973 Attn: Accounts Payable, Po Box 9973 City Of College Station (979) 764-3555 Line TotalUnit PriceQuantityDescription 75 EA 1,159.42 86,956.50OMNIC11-2 1 1/2" OMNI C2 1000 USG 45 EA 1,337.79 60,200.55OMNIC22" OMNI C2 1000 USG 6 EA 1,694.54 10,167.24OMNIC33" OMNI C2 1000 USG 2 EA 2,943.14 5,886.28OMNIC44" OMNI C2 1000 USG 2 EA 5,083.60 10,167.20OMNIC66" OMNI C2 1000 USG 125 EA 8.40 1,050.00TR/PLH TR/PL HOUSING ASSEMBLY 0.00Sales Tax 174,427.77Subtotal 174,427.77 This quote for the product and services named above is subject to the following terms: 1. All quotes are subject to the Aqua-Metric Terms of Sales. 2. Quote is valid for thirty days. 3. Freight allowed on single orders exceeding $10,000.00. 4. Net Thirty Days to Pay. 5. Returned production may be subject to a 25% restocking fee. 6. Sales Tax and/or Freight charges are approximated and may vary on final invoice. Total Page 1 of 1Proprietary and Confidential Page 23 of 86 April 9, 2020 Item No. 4.3. No parking on Northgate alley located at south side of the 200 block of Patricia Street and north of the 200 block of University Drive. Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, "No Parking Here to Corner and No Parking at Any Time,” of the Code of Ordinances, by removing parking on the alley generally located south of the 200 block of Patricia Street and north of the 200 block of University Drive. Relationship to Strategic Goals: Core services and Infrastructure Recommendation(s): Staff recommends approval of this ordinance revision Summary: The Fire Marshall's office identified an issue with vehicles parking in an alley located in the parking lot south of the 200 block of Patricia Street in the Northgate District. The vehicles parking in the alley create a hazard by preventing the use of the rear exit/entrance of two businesses. No parking in this alley will allow for the safe exit of patrons in case of an emergency. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.1 - Ordinance Revision - No Parking Anytime in NG Alley 2.2 - Location Map - No Parking Anytime Page 24 of 86 Ordinance Form 8-14-17 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1014 “TRAFFIC SCHEDULE XIV, NO PARKING HERE TO CORNER AND NO PARKING AT ANY TIME,” BY REMOVING PARKING ON THE ALLEY GENERALLY LOCATED SOUTH OF THE 200 BLOCK OF PATRICIA STREET AND NORTH OF THE 200 BLOCK OF UNIVERSITY DRIVE, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 25 of 86 ORDINANCE NO. _______Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 26 of 86 ORDINANCE NO. _______Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules”, Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” is hereby amended by adding and is to read as follows: a.The alley lying between Lot 6 and Lots 12, 13 and 14, and also on either side of Lot 6, shown on the map of the Re-subdivision of One (1) Acre of the W. C. Boyett Estate Partition, said Re-subdivision dated August 27, 1939 and filed of record in Volume 101, Page 204 of the Deed Records of Brazos County, Texas. b.Restriction: No parking any time Page 27 of 86 Alley Alley location – Proposed “No Parking Anytime” Page 28 of 86 April 9, 2020 Item No. 4.4. Contract for Engineering Services for the Spring Creek Substation Addition Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of a contract between the City of College Station and McCord Engineering, Inc. not to exceed the amount of $710,000 for the purpose of providing engineering services for the design, construction, and project management of the Spring Creek Substation T-3 Ring Bus Addition. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract with McCord Engineering. Summary: The City of College Station Electric Department will be modifying the Spring Creek Substation in Budget Year 2021. McCord Engineering will provide engineering and design services for this project in Budget Year 2020 so the project can be bid out and ready for construction in 2021. The City of College Station Electric Utilities Department has utilized McCord Engineering, Inc. for many years for electrical engineering services. McCord Engineering is a highly-qualified local business and is very responsive to the needs of the City. Based on McCord’s unique familiarity with the City’s electric system it is in the City’s best interest to continue to contract with McCord to provide these services. As such this contract is exempt from the City’s Request for Qualifications process. Budget & Financial Summary: Funds are available as budgeted and approved in the Electric Utility’s annual budget and in the Electric Utility Capital Improvement Projects Fund for professional services related to electric capital improvement projects. Reviewed & Approved by Legal: No Attachments: 1.Contract available in City Secretary Office. Page 29 of 86 Contract available in City Secretary office. Page 30 of 86 April 9, 2020 Item No. 4.5. Presentation, discussion, and possible action on amending the General Service Contract with Emergicon, LLC to add the Texas Ambulance Supplemental Payment Program. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on amending the General Service Contract with Emergicon, LLC to add the Texas Ambulance Supplemental Payment Program. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff respectfully recommends amending the General Service Contract with Emergicon, LLC to add Texas Ambulance Supplemental Payment Program. Summary: Emergicon will work with the City to analyze and report costs that will allow City to realize revenue related to the Ambulance Supplemental Payment Program as administered by Texas Health and Human Services Commission (HHSC). Budget & Financial Summary: Funds are available in the General Fund, Fiscal Services, Accounting Division. The Texas Ambulance Supplemental Payment Program (TASPP) services will be performed by the Contractor, and the City will pay the Contractor a total fee of nine percent (9%) of the total revenue collected by the City. Reviewed & Approved by Legal: No Attachments: 1.Emergicon Amendment TASPP Page 31 of 86 Page 32 of 86 Page 33 of 86 Page 34 of 86 April 9, 2020 Item No. 4.6. Agreement to contribute right of way funds (TXDOT) FM 2818 Widening Project Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an agreement in the amount of $155,229.70 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's participation in the cost of acquiring the right of way and relocating or adjusting utilities for the improvements to FM 2818 from north of FM 60 to FM 2154. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Transportation Recommendation(s): Staff recommends approval of this resolution. Summary: The City of College Station in conjunction with TXDOT is designing and constructing a widening of FM 2818 within the general limits of FM 2154 (Wellborn Rd) to FM 60 (University Dr/Raymond Stotzer Pkwy). As part of this project, the need for additional right of way and the adjustment and/or relocation of utilities was identified. While TXDOT is responsible for both the acquisition of right of way and the relocation of utilities, the City is required to contribute 10% of these costs. The estimate for the right of way costs and utility relocations is $1,552,297.00, making the city’s participation $155,229.70. Budget & Financial Summary: Budget in the amounts of $1,697,000 and $1,609,000 are included for this agreement in the Streets and Water Capital Improvement Projects Funds, respectively. A combined total of $988,408 has been expended or committed to date, leaving a combined balance of $2,317,592 for this agreement and related expenses. Reviewed & Approved by Legal: No Attachments: 1.FM 2818 LPA Funding Letter to Mayor 2.resolution ROW agreement FM 2818 3.FM 2818 LPA Fixed Agreement to Contribute ROW Funds Fixed Price V1.00 4.FM 2818 Attachment C Sheet Page 35 of 86 2591 North Earl Rudder Freeway, Bryan, TX 77803-5190 | 979-778-2165 | WWW.TXDOT.GOV OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer February 20, 2020 Bryan District Brazos County CCSJ: 2399-01-074 RCSJ: 2399-01-079 FM 2818: From 0.5 Miles North of FM 60 to FM 2154 The Honorable Mayor Karl Mooney City of College Station P.O. Box 9960 College Station, Texas 77842 Dear Mayor Mooney, The Texas Department of Transportation (TxDOT) is proposing to widen FM 2818. The need for the construction of this highway is to widen non-freeway facility consisting of grading, base, structures, surface and concrete median barriers. The proposed construction will require a total of 3,494 square feet of new right of way. In accordance with the Texas Administrative Code Title 43, Part 1, Chapter 15, Subchapter E. Federal and State and Local Participation, Section 15.55, TxDOT is asking the City of College Station for a fixed amount of the estimated cost of right of way acquisition and eligible utility adjustments. Attached is an original of the Agreement to Contribute Right of Way Funds (Fixed Price) between the City of College Station and the State of Texas which obligates the County to contribute $155,229.70 reflecting 10% of the total estimated right of way cost of $1,552,297.00 which has been broken into the following periodic payments. Initial payment by the Local Government to the State with execution of agreement: $51,743.23 $51,743.23 on or before November 1, 2021 $51,743.23 on or before November 1, 2022 We are also requesting a Certified Motion/Order of Commissioners Court approving the Agreement to Contribute Right of Way Funds, granting signature authority and authorizing payment. Please attach the original letter requesting an increment payment schedule to the Agreement and complete the Affidavit. I will approve the Economically Disadvantaged Counties Program Information Sheet. Upon receipt of the executed original of the Agreement to Contribute Right of Way Funds and the Certified Motion/Order of Commissioners Court, we will request a full release to purchase the right of way. A fully executed original of the Agreement to Contribute Right of Way Funds will be returned to you for your permanent files. Page 36 of 86 City of College Station Funding Letter 2 OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer If you have any questions, or need any further information, please contact Melissa Sevilla of our office at 979.778.9607. Sincerely, Lance Simmons, P.E. Bryan District Engineer CC: Doug Marino, P.E. Page 37 of 86 6520c5b361.docx RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”) AUTHORIZING THE PARTIPATION IN THE COST OF ACQUIRING RIGHT OF WAY AND RELOCATING AND ADJUSTING UTILITIES FOR THE IMPROVEMENTS OF FM 2818 FROM 0.5 MILES NORTH OF FM 60 TO FM 2154. WHEREAS, FM 2818 is owned and maintained by the Texas Department of Transportation; and WHEREAS, TXDOT has deemed it necessary to make certain highway improvements on FM 2818 from 0.5 miles north of FM 60 to FM 2154; and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station desires to enter into a fixed cost joint participation agreement with TXDOT to contribute to the cost of acquiring the right of way and relocation and adjusting utilities related to the Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council hereby approves the agreement with TXDOT to contribute a lump sum payment not to exceed $155,229.70 for the costs associated with the acquisition of right of way and relocating and adjusting utilities related to the Project. PART 2:That the City Council herby authorizes the City Manager to execute the agreement. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 38 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 1 of 10 STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE) THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, (the “State”), and the City of College Station, Texas, acting through its duly authorized officials (the “Local Government”). WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. FM 2818 from 0.5 Miles North of FM 60 to FM 2154, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the “Project”); and WHEREAS , the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to enter into a fixed price joint participation agreement pursuant to 43 TAC §15.52 to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20 , which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Page 39 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 2 of 10 AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall pay to the State the amount shown in Attachment C as its required contribution of the total cost of the Project and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. The Local Government’s fixed price contribution set forth in Attachment C is not subject to adjustment unless: 1. site conditions change; 2. work requested by the Local Government is ineligible for federal participation; or 3. the adjustment is mutually agreed on by the State and the Local Government. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Page 40 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 3 of 10 Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the “Texas Department of Transportation Trust Fund.” The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that in the event any existing, future, or proposed Local Government ordinance, commissioner’s court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner’s court order, rule, policy, or other directive will be determined by the State at its sole discretion. F. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. G. If the Project has been approved for an “incremental payment” non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Page 41 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 4 of 10 C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Local Government: The Honorable Mayor Karl Mooney City of College Station 1101 Texas Avenue College Station, Texas 77840 State: Director of Right of Way Division Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. Page 42 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 5 of 10 7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Page 43 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 6 of 10 Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. Page 44 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 7 of 10 C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://txdot.gov/business/business_outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this Page 45 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 8 of 10 contract to certify its eligibility to receive federal funds and, when requested by the State , to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the Page 46 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 9 of 10 distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $750,000 or more are met during the Local Government’s fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office at http://txdot.gov/inside-txdot/office/audit/contact.html C. If expenditures are less than $750,000 during the Local Government’s fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Page 47 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute - Fixed Price | V1.00 | Page 10 of 10 THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Karl Mooney _________________________________ Mayor _________________________________ Date THE STATE OF TEXAS _________________________________ Rose Wheeler Contracts and Finance Director Right of Way Division Texas Department of Transportation _________________________________ Date Page 48 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute ROW Funds | V1.00 | Page 1 of 1 Attachment A ATTACHMENT A RESOLUTION OR ORDINANCE Page 49 of 86 County Brazos District Bryan ROW CSJ #2399-01-079 CCSJ #2399-01-074 Federal Project #:N/A CFDA Title: Highway Planning & Construction CFDA # 20.205 Federal Highway Administration Not Research and Development Agreement to Contribute ROW Funds | V1.00 | Page 1 of 1 Attachment B ATTACHMENT B LOCATION MAP SHOWING PROJECT Page 50 of 86 Agreement to Contribute ROW Funds | V1.00 | Page 1 of 1 ATTACHMENT C PROJECT BUDGET ESTIMATE Page 51 of 86 Page 52 of 86 April 9, 2020 Item No. 4.7. East Side Sewer Service Project Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval for a construction contract in the amount of $1,511,812 for the East Side Sewer Service Project with Kieschnick General Contractors, Inc. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this construction contract. Summary: As part of the Sanitary Sewer CCN swap with the City of Bryan associated with the BioCorridor Infrastructure Project and ILA, the East Side Sewer Project will provide sewer service to the service area within the City of Bryan Corporate Limits acquired as College Station Sewer Service area. This project will construct gravity sewer, lift station and force main to serve properties along SH 30 southeast of the intersection with FM 158 within the City of Bryan's corporate limits and upgrade gravity sewer that currently services property along SH 30 within the City of College Station in order to convey flows from the COB to the CCWWTP. Competitive sealed proposals were received as the procurement method for this project. A total of six proposals were received and review and evaluation of those proposals resulted in the selection of Kieshnick General Contractors, Inc. as the most qualified and best value to the City. Budget & Financial Summary: Budget in the amount of $2,502,000 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $504,739 has been expended or committed to date, leaving a balance of $1,997,261 for this construction contract and remaining project expenses. In accordance with the ILA, the City of Bryan will reimburse the City of College Station for 50% of the incurred construction costs. Reviewed & Approved by Legal: No Attachments: 1.Bid tabulation RFP 20-016 Summary_Tabulation 2.Project Location Map - East Side Sewer Extension Exhibit 3.Reimbursement to College Station Agenda Item Page 53 of 86 City of College Station - Purchasing Division Bid Tabulation for # 20-016 "East Side Sewer Project" Open Date: Tuesday, January 14, 2020 @ 2:00 p.m. $2,319,367.11 $1,511,812.00 $2,425,658.75 $1,903,802.10 $1,812,632.00 $2,358,583.00 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Calculation error. Amount listed is correct amount The Bid Summary for RFP #20-016 is available for download from the to Brazos Valley e-Marketplace This RFP is now in the evaluation phase. Proposals will be evaluated and ranked by the City. The Offeror understands and must agree that if a contract is awarded, it will be awarded to the Offeror submitting the best value to the City. The City is not bound to accept the lowest priced proposal if that proposal is judged not to be the best value for the City, as solely determined by the City. The weighted criteria for evaluation and selection of the successful Offeror for this award is specified in RFP #20-016 During the evaluation phase, please refrain from contacting City Staff and the Consultant for further information. Information contained in the proposals will not be disclosed until after the award of contract. Bid Bond Addendum Acknowledged Teal Services, LLC Western Municipal Construction, Inc. Bid Certification Total Base Bid Dudley Construction, Ltd. Kieschnick General Constractors OCC Construction Corp R Construction Civil, LLC Page 54 of 86 FM 158 VISTA LNPAMELA LANE ± 0 500 1,00 0 1,50 0 2,000250 Feet1 in = 60 0 ft LegendForce Main Lift Station Gravity Sewer SH 30 HARVEY ROADEAST SIDE SEWER SERVICE (WF1382208) Page 55 of 86 Page 56 of 86 Page 57 of 86 April 9, 2020 Item No. 4.8. Police department grant resolutions Sponsor:James Arnold, Police Lieutenant Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on resolutions authorizing the Chief of Police as the authorized official to execute documents necessary for the release of grant funds from the Office of the Governor Homeland Security Division for police bomb squad equipment and from the Office of The Governor Justice Assistance Grant (JAG) Program for additional bomb squad equipment and Police Patrol Bicycles. Relationship to Strategic Goals: Good Governance Financial Sustainability Recommendation(s): Staff recommends approval Summary: These grants will provide 100% funding for the purchase of bomb squad equipment, specifically a robot and an x-ray machine. Both of these items provide new capabilities to the bomb squad allowing them to respond faster and more efficiently to critical incidents. These grants will also provide 100% funding for patrol bicycles for the Community Enhancement Unit (CEU). These patrol bicycles will provide CEU with a new capability to deploy into neighborhoods to address community concerns such as burglary of motor vehicles. The patrol bicycles resolution has previously been approved but a verbiage change was necessary to be in compliance with the Office of the Governor requirements. There is no local match requirement, but grant funding will only be provided for the initial equipment purchase. Due to this, any other associated costs such as maintenance, repair, or replacement will be the responsibility of the grantee agency. Budget & Financial Summary: The cost of the bomb squad x-ray machine is $35,817.78 and the cost of the bomb squad robot is $56,380.00. Annual maintenance, repair, or replacement is estimated to be minimal but the exact cost is unknown at this time. The cost of the patrol bicycles and associated equipment is approximately $22,349.00. Annual maintenance, repair, or replacement is estimated to cost approximately $1,000.00. Reviewed & Approved by Legal: No Attachments: 1.Homeland Security Grant 3961001 Nano Resolution 2.Homeland Security Grant 4025201 Robot Resolution 3.Criminal Justice Assistance Grant 3790001 Patrol Bicycles Resolution 4.Criminal Justice Assistance Grant 4051901 Nano Resolution Page 58 of 86 RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION AUTHORIZING THE CHIEF OF POLICE OR DESIGNEE TO EXECUTE APPLICATION NECESSARY DOCUMENTS TO SUBMIT THE OFFICE OF THE GOVERNOR HOMELAND SECURITY GRANTS DIVISION FOR GRANT FUNDS FOR THE PURCHASE OF A BOMB SQUAD NANO X-RAY MACHINE ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES ARISING DURING THE APPLICATION PROCESS. WHEREAS, the City Council of College Station finds it in the best interest of the citizens of College Station that the College Station Police Department Bomb Squad be operated for 2020; and WHEREAS, the City of College Station Police Department agrees to provide applicable matching funds for the Bomb Squad Nano X-Ray Machine grant application as required by the Office of the Governor Homeland Security grant application; and WHEREAS, the City of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, the City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of College Station designates the Chief of Police as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City of College Station. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves the submission of the Bomb Squad Nano X-Ray Machine application grant application to the Office of the Governor, Homeland Security Grants Division. PART 1:That the City Council hereby authorizes the Chief of Police as the authorized official to execute documents necessary for the submission of the Bomb Squad Nano X-Ray Machine application, with Application Number 3961001, for Homeland Security Grant Division-LEPTA funds to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2:That the Chief of Police as the authorized official is given the power to apply for, accept, reject, alter or terminate the Bomb Squad Nano X-Ray Machine grant application on behalf of the City of College Station. PART 3:That the City of College Station agrees in the event of loss or misuse of the funds, the City of College Station assures the funds will be returned in full. PART 4:That this resolution shall take effect immediately from and after its passage. Page 59 of 86 Resolution No:2 ADOPTED this _____day of_______________________, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 60 of 86 RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION AUTHORIZING THE CHIEF OF POLICE OR DESIGNEE TO EXECUTE APPLICATION NECESSARY DOCUMENTS TO SUBMIT THE OFFICE OF THE GOVERNOR HOMELAND SECURITY GRANTS DIVISION FOR GRANT FUNDS FOR THE PURCHASE OF A BOMB SQUAD MINI CALIBER ROBOT ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES ARISING DURING THE APPLICATION PROCESS. WHEREAS, the City Council of College Station finds it in the best interest of the citizens of College Station that the College Station Police Department Bomb Squad be operated for 2020; and WHEREAS, the City of College Station Police Department agrees to provide applicable matching funds for the Bomb Squad Mini Caliber Robot grant application as required by the Office of the Governor Homeland Security grant application; and WHEREAS, the City of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, the City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of College Station designates the Chief of Police as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City of College Station. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves the submission of the Bomb Squad Mini Caliber Robot application grant application to the Office of the Governor, Homeland Security Grants Division. PART 1:That the City Council hereby authorizes the Chief of Police as the authorized official to execute documents necessary for the submission of the Bomb Squad Mini Caliber Robot application, with Application Number 4025201, for Homeland Security Grant Division-LEPTA funds to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2:That the Chief of Police as the authorized official is given the power to apply for, accept, reject, alter or terminate the Bomb Squad Mini Caliber Robot grant application on behalf of the City of College Station. PART 3:That the City of College Station agrees in the event of loss or misuse of the funds, the City of College Station assures the funds will be returned in full. PART 4:That this resolution shall take effect immediately from and after its passage. Page 61 of 86 Resolution No:2 ADOPTED this _____day of_______________________, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 62 of 86 RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION AUTHORIZING THE CHIEF OF POLICE TO EXECUTE APPLICATION NECESSARY DOCUMENTS TO SUBMIT TO THE OFFICE OF THE GOVERNOR FOR GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE’S EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR POLICE PATROL BICYCLES ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES ARISING DURING THE APPLICATION PROCESS. WHEREAS, the City Council of College Station finds it in the best interest of the citizens of College Station that the College Station Police Department use patrol bicycles; and WHEREAS, the City of College Station agrees to provide applicable matching funds for the Patrol Bicycles as required by the Office of the Governor Criminal Justice Program application; and WHEREAS, the City of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, the City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of College Station designates the Chief of Police as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City of College Station. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves the submission of the patrol bicycles JAG application to the Office of the Governor. PART 1:That the City Council hereby authorizes the Chief of Police as the authorized official to execute documents necessary for the submission of the patrol bicycles JAG application, with Grant Number 3790001, for Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2:That the Chief of Police as the authorized official is given the power to apply for, accept, reject, alter or terminate the patrol bicycles JAG application on behalf of the City of College Station. PART 3:That the City of College Station agrees in the event of loss or misuse of the JAG funds, the City of College Station assures the funds will be returned to Office of the Governor in full. PART 4:That this resolution shall take effect immediately from and after its passage. Page 63 of 86 Resolution No:2 ADOPTED this _____day of_______________________, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 64 of 86 RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION AUTHORIZING THE CHIEF OF POLICE TO EXECUTE APPLICATION NECESSARY DOCUMENTS TO SUBMIT TO THE OFFICE OF THE GOVERNOR FOR GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE’S EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR THE PURCHASE OF A BOMB SQUAD NANO X-RAY MACHINE ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES ARISING DURING THE APPLICATION PROCESS. WHEREAS, the City Council of College Station finds it in the best interest of the citizens of College Station that the College Station Police Department Bomb Squad be operated for 2020; and WHEREAS, the City of College Station agrees to provide applicable matching funds for the Bomb Squad Nano X-Ray Machine as required by the Office of the Governor Criminal Justice Program application; and WHEREAS, the City of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, the City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of College Station designates the Chief of Police as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City of College Station. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves the submission of the Bomb Squad Nano X-Ray Machine application grant application to the Office of the Governor, Criminal Justice Program Grants Division. PART 1:That the City Council hereby authorizes the Chief of Police as the authorized official to execute documents necessary for the submission of the Bomb Squad Nano X-Ray Machine application, with Application Number 4051901, for Criminal Justice Program funds to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2:That the Chief of Police as the authorized official is given the power to apply for, accept, reject, alter or terminate the Bomb Squad Nano X-Ray Machine grant application on behalf of the City of College Station. PART 3:That the City of College Station agrees in the event of loss or misuse of the funds, the City of College Station assures the funds will be returned in full. PART 4:That this resolution shall take effect immediately from and after its passage. Page 65 of 86 Resolution No:2 ADOPTED this _____day of_______________________, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 66 of 86 April 9, 2020 Item No. 4.9. Directing publication of notice of intention to issue certificates of obligation, series 2020; and providing an effective date. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, possible action to approve a resolution by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2020; and providing an effective date. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Improving Mobility Sustainable City Recommendation(s): Staff recommends Council approve the attached resolution directing publication of notice of the intention to issue certificates of obligation. Summary: The City Council is authorized to approve the issuance of certificates of obligation (COs) after approving a resolution directing notices to be published of the intent to issue the COs. The City of College Station typically issues debt to fund various capital projects identified and approved as a part of the annual budget. Certificates of Obligation (COs) are based on the full faith and credit of the City and are paid primarily through the debt service portion of the ad valorem tax rate. Certificates of Obligation must include at least one additional revenue stream besides the debt service portion of the tax rate (such as utility revenues). The City's policy for issuing Certificates of Obligation allows more flexibility than issuing General Obligation Bonds, particularly since other revenues are anticipated to assist in debt service. The City’s Financial Advisor and Bond Counsel recommend that the City issue Certificate of Obligations for utility projects instead of Utility Revenue Bonds (URBs); the pledge of the City’s ad valorem tax base is a stronger credit than utility revenues and thus lowers the cost of borrowing. This has been the practice of the City since 2008. The Utility systems will cover their associated portion of debt service through utility revenues. Page 67 of 86 The Certificates will be used to fund street, parks, public facilities, technology, water and wastewater projects, and pay debt issuance costs. The maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold is $49,995,000. At the June 11th meeting, the City Council will consider approval of the sale parameters for the Certificates of Obligation Bonds, appoint a Paying Agent/Registrar, appoint Underwriters, adopt Bond Ordinances and authorize the preparation of the Official Statements for the Certificates of Obligations. If the City is not prepared to issue the Certificates of Obligation at the June 11 meeting, the City Council may postpone adoption of the ordinance for up to ninety days from June 11. Budget & Financial Summary: Staff reviewed the impact of the Certificates on the City's ability to meet debt service requirements and the effect they may have on the ad valorem tax rate. The recommendation is to move forward with this issuance. The impact on the tax rate and utility rates will be reviewed annually as part of the financial forecast and budget preparation. Reviewed & Approved by Legal: No Attachments: 1.Notice Resolution (COCS CO Ser 2020) 2.2020 Debt Issue - Proposed 3.20.20 Page 68 of 86 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF BRAZOS CITY OF COLLEGE STATION We, the undersigned officers of the City of College Station, Texas (the "City"), hereby certify as follows: 1.The City Council of the City convened in a regular meeting on April 9, 2020 at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: Karl Mooney,Mayor Bob Brick, Place 1 Councilman John Crompton, Place 2 Councilman Linda Harvell, Place 3 Councilwoman Vacancy, Place 4 John Nichols, Place 5 Councilman Dennis Maloney, Place 6 Councilman and all of said persons were present except _____________________, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2020; AND PROVIDING AN EFFECTIVE DATE. was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution; and, after due discussion, said motion prevailed and carried by the following vote: AYES: NOES: Page 69 of 86 City of College Station Resolution Directing Publication of Notice of Intention to Issue Certificates of Obligation, Series 2020 2. That a true, full and correct copy of the aforesaid Resolution described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED ON APRIL 9, 2020. ________________________________ Tanya D. Smith City Secretary ________________________________ Karl Mooney Mayor (City Seal) Page 70 of 86 RESOLUTION NO. _________________ A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2020; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of College Station (the "City") expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described in "Exhibit A" to this Resolution prior to the issuance of the Certificates of Obligation hereinafter described; and WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of the payment by the City of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itself for such payments at such time as it issues the hereinafter described Certificates of Obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1.That attached hereto and marked "Exhibit A" is a form of notice (the “Notice”), the form and substance of which are hereby passed and approved. Section 2.That the City Secretary shall cause the Notice to be published, in the form attached hereto, in the "Bryan-College Station Eagle", a newspaper of general circulation in the City, for two consecutive weeks, the date of the first publication to be before the 45th day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in the Notice. Additionally, the Notice shall be posted continuously on the City’s website for at least forty-five days before the date tentatively set for final passage of the ordinance or ordinances authorizing the issuance of the Certificates of Obligation. Section 3.That the facilities and improvements to be financed with proceeds from the proposed Certificates of Obligation are to be used for the purposes described in "Exhibit A" hereto. Section 4.That all costs to be reimbursed pursuant to this Resolution will be capital expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the Certificates of Obligation will not be issued pursuant to this Resolution on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. Section 5.That this Resolution shall be effective immediately upon passage and adoption. Page 71 of 86 Resolution Directing Publication of Notice of Intention to Issue Certificates of Obligation, Series 2020 PASSED AND APPROVED ON APRIL 9, 2020. ____________________________________ Karl Mooney, Mayor ATTEST: ____________________________________ Tanya D. Smith, City Secretary (City Seal) APPROVED: _____________________________________ McCall, Parkhurst & Horton L.L.P., Bond Counsel Page 72 of 86 EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION The City Council of the City of College Station will consider the passage of an ordinance or ordinances authorizing the issuance of one or more series of interest bearing certificates of obligation (the “Certificates”) in the principal amount not to exceed $49,995,000 for paying all or a portion of the City's contractual obligations to be incurred in connection with (i) constructing and improving streets and roads including related drainage, landscaping, signalization, lighting, pedestrian improvements and signage related thereto; (ii) designing, constructing, equipping and installing parks and recreation equipment and improvements including park infrastructure improvements and park rehabilitation, lighting, fencing, shade structures and pavilions; (iii) purchasing and installing technology improvements including video surveillance, network upgrades and replacements, diagnostic systems, fiber optic infrastructure and communication equipment; (iv) acquiring, constructing, designing and engineering a new City Hall including related landscaping, lighting, parking and signage related to such City Hall and the costs associated with the purchase of necessary interests in land, including easements, necessary for such projects; (v) constructing improvements and extensions to the City's combined waterworks, sewer and electric systems including distribution, transmission, system lines, lift stations, metering, wells, plant improvements, and acquisition of interests in land for such purposes; and (vi) the payment of fiscal, engineering and legal fees incurred in connection therewith. The City proposes to provide for the payment of such Certificates from the levy and collection of ad valorem taxes in the City as provided by law, and from a limited pledge (not to exceed $1,000) of the surplus revenues of the City's waterworks, sewer and electric systems, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City's waterworks, sewer and electric systems. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Chapter 271, Subchapter C. The City Council tentatively proposes to adopt the ordinance(s) authorizing the Certificates at a meeting to be held at 7:00 P.M. on June 11, 2020 to be held at City Hall, 1101 Texas Avenue, College Station, TX 77840. The ordinance(s) may authorize an authorized officer of the City to effect the sale and delivery of the Certificates on a date or dates subsequent to the adoption of the ordinance(s). The following information is provided to comply with Tex. H.B. 477, 86 Leg., R.S. (2019). The current principal of all outstanding debt obligations of the City is $372,000,000. The current combined principal and interest required to pay all outstanding debt obligations of the City on time and in full, is $487,215,427. The maximum principal amount of the Certificates to be authorized is $49,995,000 and the estimated combined principal and interest required to pay the Certificates to be authorized on time and in full is $61,691,008. The maximum interest rate for the Certificates may not exceed the maximum legal interest rate. The maximum maturity date of the Certificates to be authorized is February 15, 2040. The above information excludes $0.00 in principal amount of outstanding debt obligations the City has designated as self-supporting and which the City reasonably expects to pay from revenue sources other than ad valorem taxes; provided, however, that in the event such self-supporting revenue sources are insufficient to pay debt service, the City is obligated to levy ad valorem taxes to pay such debt obligations. CITY OF COLLEGE STATION, TEXAS Page 73 of 86 2020 Draft Debt Issue General Government Certificates of Obligation Budgeted Proposed Street Projects 1,000,000 1,000,000 Greens Prairie Road - West of Woodlake to Royder ST1703 750,000 750,000 SH 40 and FM 2154 Interchange ST1803 700,000 700,000 Design of FM2818 Capacity Improvements ST1603 500,000 500,000 Traffic Signals ST1704 200,000 200,000 Dartmouth/2818 Signal ST1907 55,000 55,000 Luther Extension (FM 2818 to North Dowling)ST2005 380,000 380,000 Rock Prairie Road - SH6 to Medical Way ST2004 150,000 150,000 Luther Street Rehab-Marion Pugh to Penberthy ST2002 50,000 50,000 Oversize Participation ST1701 Total $ 3,785,000 $ 3,785,000 Park Projects 660,000 660,000 System Wide Park Improvements PK1702 1,800,000 1,800,000 Southeast Park Increase HM1607 400,000 400,000 Aggie Field of Honor Fencing PK2001 1,725,000 1,725,000 Memorial Cemetery Operations Shop PK2002 Total $ 4,585,000 $ 4,585,000 Vertical, Facilities, IT Projects 6,785,000 6,785,000 New City Hall GG1801 200,000 200,000 IT Revolver Various 160,000 160,000 Video Surveillance CO1802 810,000 810,000 Network Upgrades/Replacement CO2000 Total $ 7,955,000 $ 7,955,000 Fleet/IT/Equipment Replacement 190,000 190,000 Equipment Replacement Various Total $ 190,000 $ 190,000 Unfunded Projects 4,200,000 4,200,000 TBD Various Projects TBD Total $ 4,200,000 $ 4,200,000 Governmental CO Subtotal $ 20,715,000 $ 20,715,000 Page 74 of 86 2020 Draft Debt Issue General Government Certificates of Obligation Utility Certificates of Obligation Budgeted Proposed Water Projects 4,250,000 4,250,000 Rock Prairie Road Elevated Storage Tank w/PRVs WA1800001 340,000 340,000 Rehabilitation of Water Well Pumps and Motors WA1877982 610,000 610,000 SH6 Water Line Ph III-WC to Sebesta WA1957432 550,000 550,000 2818 Transmission Line Relocation WA1900003 500,000 500,000 Woodson Village Rehab WA1957431 700,000 700,000 Greens Prairie Water Tank Rehab WA1900004 500,000 500,000 McCulloch Utility Rehab WA1900001 260,000 260,000 Park Place/Holik/Anna Utility Rehab WA1945844 500,000 500,000 Jones Butler Rehab WA2001 Total $ 8,210,000 $ 8,210,000 Wastewater Projects 775,000 775,000 McCulloch Utility Rehab WW1900001 6,200,000 6,200,000 LC Capacity Expansion & Nutrient Removal WW1945495 8,850,000 8,850,000 Lick Creek Parallel Trunk Line WW1877335 970,000 970,000 Northeast Sewer Trunk Line PH II WW1957471 1,035,000 1,035,000 Northeast Sewer Trunk Line PH III WW1700002 500,000 500,000 Woodson Village Rehab WW1957430 160,000 160,000 Southwood Valley Trunkline WW1997793 1,000,000 1,000,000 Bee Creek Parallel Trunk Line PH III WW1900005 400,000 400,000 Park Place/Holik/Anna Utility Rehab WW1945843 240,000 240,000 Carter Creek Equipment Shed WW1800004 Total $ 20,130,000 $ 20,130,000 Electric Projects Total $ -$ - Utility CO Subtotal $ 28,340,000 $ 28,340,000 Estimated Debt Issuance Costs $ 700,000 $ 700,000 Total Debt Issue $ 49,755,000 $ 49,755,000 Page 75 of 86 April 9, 2020 Item No. 5.1. Single Stream Residential Recycling Agreement Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance approving a five (5) year residential recycling collection franchise agreement and general service agreement in the amount of $4,542,000 with Brannon Industrial Group, LLC, DBA BVR Waste and Recycling. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract and recommends approval of the annual estimated expenditure of $908,400.00, for a period of five years in an amount not to exceed $4,542,000. Summary: This item is to approve a five (5) year residential recycling collection franchise agreement and general service agreement. The proposed agreement would allow Brazos Valley Recycling to collect recyclables from single-family dwellings and City facilities within the City of College Station. On December 17, 2019, two (2) proposals were received and opened for RFP # 20-008. Brannon Industrial Group, LLC, DBA BVR Waste and Recycling submitted the lowest responsible proposal cost, with a monthly rate per household of $3.15. The price includes delivery, storage of inventory, bi- weekly collections, contamination disposal, and maintenance of containers. Budget & Financial Summary: An annual budget in the amount of $908,400.00 is included for this contract in the Solid Waste Fund. The franchise agreement and general service agreement will be effective on October 1, 2020. Reviewed & Approved by Legal: No Attachments: 1.Contract No. 20300291 on file in the City Secretary's Office Page 76 of 86 1.Contract No. 20300291 (on file with the City Secretary’s Office) Page 77 of 86 April 9, 2020 Item No. 5.2. Annual Concrete, Curb, Gutter, and Flatwork Contract Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a renewal of a contract with Larry Young Paving, Inc. in an amount not to exceed $2,872,000 for annual concrete curb, gutter and flatwork installation to maintain City infrastructure. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract with Larry Young Paving, Inc. for an amount not to exceed $2,872,000. Summary: Sealed bids for ITB #19-019 were opened on January 16, 2019, with three bid responses received from Larry Young Paving, Inc., Texcon General Contractors and Brazos Paving, Inc. Larry Young Paving, Inc. was the lowest responsible bidder. The term will be for the period beginning March 29, 2020, through March 28, 2021. This is the first renewal of two possible renewals. Budget & Financial Summary: Funding is available in the Street/Drainage Maintenance and Water Services operational budgets. Reviewed & Approved by Legal: No Attachments: 1.19300312 Renewal Ltr HE 022420 Page 78 of 86 Page 79 of 86 Page 80 of 86 April 9, 2020 Item No. 5.3. Brazos County Transportation Vision Resolution Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:Transportation and Mobility Committee Agenda Caption:Presentation, discussion, and possible action on a resolution supporting the Brazos County Transportation Vision. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this resolution. Summary: A resolution documenting the Transportation Vision of the Brazos County to plan, develop, and operate a quality transportation system for the people and goods that promote safety, enhances quality of life, and supports economic opportunity throughout Brazos County. This resolution was brought to the Transportation and Mobility Committee in January 2020 by the Bryan- College Station Metropolitan Planning Organization, and the Committee recommends that the City Council approve the resolution. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Resolution Transportation Vision 3-10-20 2.Brazos County Transportation Vision Exhibit A Page 81 of 86 RESOLUTION NO.______________ A RESOLUTION OF THE CITY OF COLLEGE STATION ADOPTING AND APPROVING THE BRAZOS COUNTY TRANSPORTATION VISION WHEREAS, the City of College Station recognizes the need to address the potential doubling of traffic congestion in Brazos County; and WHEREAS, multiple planning partners, including the City of College Station, the City of Bryan, Texas A&M, Texas A&M University System, Blinn College, the Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, the Brazos Valley Council of Governments, Texas Department of Transportation – Bryan District, Texas A&M Transportation Institute and the Bryan/College Station Metropolitan Planning Organization participated in developing a Brazos County Transportation Vision for transportation improvements in Brazos County; and WHEREAS, the City of College Station has determined the Brazos County Transportation Vision is in the best interest of College Station and all of Brazos County; and WHEREAS, Brazos County Transportation Vision can guide planning for many types of transportation improvement projects involving multiple modes of transportation and obtain funding from numerous different sources to benefit Brazos County citizens and the State of Texas; and WHEREAS, the Brazos County Transportation Vision encourages the increase of commerce, prosperity and for the improvement of health, living conditions and public safety for all Brazos County citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council supports the Brazos County Transportation Vision as attached in Exhibit A. PART 2:That the City Council authorizes the Mayor to execute the Brazos County Transportation Vision on behalf of the City joining the planning partners who have already taken action supporting the vision. PART 3:That this Resolution shall take effect immediately from and after its passage. Page 82 of 86 Resolution No.______________ Page 2 of 3 ADOPTED this ___ day of ______, 2020. ATTEST:APPROVED: City Secretary Mayor APPROVED: City Attorney Page 83 of 86 Resolution No.______________ Page 3 of 3 EXHIBIT A BRAZOS COUNTY TRANSPORTATION VISION Page 84 of 86 Page 85 of 86 Page 86 of 86