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04/22/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular *Phone 888 475 4499 and Webinar ID: 939 6866 4660 Internet:  https://zoom.us/j/93968664660 April 22, 2021 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *The City uses a third­party vendor to help host the meeting and if the call­in number is not  functioning access will be through the internet link only.       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 2 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. 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.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.  3.Presentation, discussion, and possible action on items listed on the consent agenda.     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.  4.1.Presentation, discussion, and possible action of minutes for: • April 8, 2021 Regular Meeting  Sponsors:Tanya Smith  Attachments:1.RM040821 DRAFT Minutes 4.2.Presentation, discussion, and possible action on approving a change order for a Joint Use Pole  Attachment Audit with TechServ Consulting and Training, LTD in the amount of $5,445.37.   Sponsors:Timothy Crabb  Attachments:1.21300077 TechServ, CO 1 signed Page 1 of 81  City Council Regular Page 2 April 22, 2021 4.3.Presentation, discussion, and possible action regarding the extension of non­annexation  development agreements entered into in 2011, for properties in the Wellborn area.  Sponsors:Molly Hitchcock   Attachments:1.Non­Annexation Development Agreement Map 2.Non­Annexation Development Agreement ­ Silvy Property ­ 20110427 3.Non­Annexation Development Agreement ­ Thomas Property ­  20110427 4.4.Presentation, discussion, and possible action regarding the first amendment to the Signal  Performance Measure contract with Iteris Inc. adding Velocity Cloud System hosting service.  Sponsors:   Attachments:1.Amendment agreement signed 2.Iteris SPM Velocity Amendment 2­23­21 (1) 3.Velocity_License_Agreement_Cloud Hosted 4.5.Presentation, discussion, and possible action regarding an ordinance amending Chapter 38,  "Traffic and Vehicles", Article VI, “Traffic Schedules”, Section 38­1003, “Traffic Schedule III,  Stop Signs” and presentation, discussion, and possible action regarding an ordinance  amending Chapter 38, "Traffic and Vehicles", Article VI, “Traffic Schedules”, Section 38­ 1004,“Traffic Schedule IV, Yield Signs".  Sponsors:Troy Rother  Attachments:1.Yield Signs Ordinance 2021 2.Stop Signs Ordinance 2021    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.  5.1.Public Hearing, presentation, discussion, and possible action adopting a resolution to approve  an application to the U. S. Department of Housing and Urban Development for a loan through  the Section 108 Loan Guarantee Program for LULAC Oak Hill Apartments Rehabilitation  Project.  Sponsors:Debbie Eller  Attachments:1.DRAFT Section 108 Application ­ LULAC Oak Hill 2.Attachment 2 ­ Resolution Approving Section 108 Application 5.2.Presentation, discussion, and possible action regarding a resolution approving a Chapter 380  Economic Development Agreement between the City of College Station, Texas, and Costco  Wholesale Corporation.  Sponsors:Natalie Ruiz  Attachments:1.Economic Development Agreement is on file with the City Secretary's  Office Page 2 of 81 City Council Regular Page 3 April 22, 2021 5.3.Presentation,  discussion,  and  possible  action  approving  a  Property  Purchase  Agreement  between the City of College Station and Costco Wholesale Corporation for an approximately  18.670 acre tract of land located generally near the intersection of Earl Rudder Freeway and  Corporate Drive in the Midtown Business Park. Sponsors:Natalie Ruiz Attachments:1.Real estate contract is on file with the City Secretary's Office 5.4.Presentation, discussion, and possible action regarding the Rental Registration Program and  proposed fee structure. Sponsors:Debbie Eller Attachments:None 5.5.Presentation, discussion, and possible action regarding a professional services contract with  Kirksey  Architects,  Inc.  in  the  amount  of  $149,000  for  the  Design  of  1207  Texas  Avenue  Renovation Project.  Sponsors:Emily Fisher Attachments:1.1207 Texas Ave Kirksey proposal v3 rev edf 5.6.Presentation,  discussion,  and  possible  action  on  a  resolution  expressing  opposition  to  the  proposed Senate Bill 10 and similar legislation in the 87th Texas Legislature to restrict the  ability of local governments to advocate for their communities. Sponsors:Brian Piscacek Attachments:1.Resolution­SB 10_4­22­21 5.7.Presentation,  discussion,  and  possible  action  regarding  a  return  to  in­person  City  Council  meetings and adoption of guidelines for in­person and virtual (hybrid) meetings. Sponsors:Bryan Woods Attachments:None 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 and at College Station City Hall,  1101 Texas Avenue, College Station, Texas, on April 16, 2021 at 5:00 p.m.  City Secretary Page 3 of 81  City Council Regular Page 4 April 22, 2021 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,  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 4 of 81 April 22, 2021 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: • April 8, 2021 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.RM040821 DRAFT Minutes Page 5 of 81 RM040821 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION APRIL 8, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor - absent Council: Bob Brick – Mayor Pro Tem John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim 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 Pro Tem Brick via Teleconference at 5:01 p.m. on Thursday, April 8, 2021, 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, §551.074- Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 5:01 p.m. on April 8, 2021, 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 Page 6 of 81 RM040821 Minutes Page 2 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 City of College Station v. Brazos Re Investors Group, LLC. Cause No.612-CC; In the County Court at Law No. 1 of Brazos County, Texas. B.Consultation with attorney to receive legal advice; to wit: Legal advice regarding electric utility and Winter Storm Uri. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply Executive Session recessed at 6:00 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4.Hear Visitors Comments No citizens comments at this time. 5. Presentation, possible action and discussion on items listed on the consent agenda. Items 6.2, and 6.9 were pulled from Consent for clarification. (6.2): Mary Ellen Leonard, Finance Director, stated that 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. 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 $62,443,000. (6.9): Aubrey Nettles, Economic Development Manager, explained that for property located within the boundaries of the Interlocal Agreement, the District will develop and dedicate parks to the City through the standard development dedication process. Additionally, the District will maintain and program parks and related facilities. The District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the parks and park facilities and to perform ordinary repairs and maintenance. The District has the right to receive all revenue collected from District-programmed activities held within these parks and park facilities. The initial term of the Interlocal Agreement is Page 7 of 81 RM040821 Minutes Page 3 for 50 years, and this agreement can be renewed for one more additional 50-year term. There should be no negative impact to the City of College Station as the District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the park and park facilities and to perform ordinary repairs and maintenance. 6.CONSENT AGENDA 6.1. Presentation, possible action, and discussion of minutes for: March 22, 2021 Special Meeting March 25, 2021 Workshop Meeting March 25, 2021 Regular Meeting 6.2. Presentation, discussion, and possible action to approve Resolution No. 04-08-21-6.2 by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2021; and providing an effective date. 6.3 Presentation, discussion, and possible action regarding the fiscal year FY21 funding of $1,629,793 for retirement obligations. 6.4 Presentation, discussion, and possible action on renewing a General Service Contract with Emergicon, LLC providing ambulance billing, accounts receivable and delinquent account collection services for an annual not-to-exceed amount of $175,000. (PULLED) 6.5 Presentation, discussion, and possible action regarding Change Order 3 in the amount of $132,489 to the construction contract with CSA Construction, Inc. for the Lick Creek Wastewater Treatment Plant Expansion project. 6.6 Presentation, discussion, and possible action regarding Change Order 1 in the amount of $8,000 to the professional services contract with Jones & Carter, LLC. for the Sandy Point Pump Station Site Improvements Project. 6.7 Presentation, discussion, and possible action regarding a construction contract in the amount of $112,200 with Norman Construction Services, LLC for the Castle Rock Sidewalk Project. 6.8 Presentation, discussion, and possible action regarding approval of and ratifying an emergency repair contract in the amount of $232,988 for the Barron Road 24” Water Line emergency repair performed by Elliott Construction, LLC. 6.9 Presentation, discussion, and possible action regarding an Interlocal Agreement Between the City of College Station and Rock Prairie Management District No. 2 relating to park facilities. Consent Agenda Item 6.2 was pulled for a separate vote. Consent Agenda Item 6.4 was pulled to a future meeting. Page 8 of 81 RM040821 Minutes Page 4 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, with the exception of Consent Items 6.2 and 6.4. The motion carried unanimously. (6.2) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols the City Council voted five (5) for and one (1) opposed, with Councilmember Cunha voting against, to approve the Consent Agenda Item 6.2, Resolution No. 04-08-21-6.2 by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2021; and providing an effective date. The motion carried. 7.REGULAR AGENDA 7.1 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4255 vacating and abandoning an 843 square foot portion of a 10 foot Sewer Easement located within Lot 2, Block 3 of The Glade, First Installment Subdivision, according to the plat recorded in Volume 213, Page 359, of the Deed Records of Brazos County, Texas, and a 1,265 square foot portion of a 15-foot Sewer Easement located within Lot 2, Block 3 of The Glade, First Installment Subdivision, according to the plat recorded in Volume 213, Page 359, of the Deed Records of Brazos County, Texas, and described in the Easement recorded in Volume 305, Page 161. Erika Bridges, Planning and Development, stated that the City’s current Woodson Village Rehabilitation Project includes abandonment and relocation of a 12-inch sanitary sewer line within a portion of the 10-foot and 15-foot Sanitary Sewer Easements to a recently dedicated 10-foot Water and Wastewater Easement. Upon completion of the sanitary sewer line relocation project, the portions of 10-foot and 15-foot Sanitary Sewer Easements will no longer be necessary. At approximately 6:52 p.m., Mayor Pro Tem Brick opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:52 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2021-4255, vacating and abandoning an 843 square foot portion of a 10 foot Sewer Easement located within Lot 2, Block 3 of The Glade, First Installment Subdivision, according to the plat recorded in Volume 213, Page 359, of the Deed Records of Brazos County, Texas, and a 1,265 square foot portion of a 15-foot Sewer Easement located within Lot 2, Block 3 of The Glade, First Installment Subdivision, according to the plat recorded in Volume 213, Page 359, of the Deed Records of Brazos County, Texas, and described in the Easement recorded in Volume 305, Page 161. The motion carried unanimously. 7.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4256 vacating and abandoning a 1,295 square foot Easement lying between Lots 5 & 6, Block 9 of The Knoll Subdivision, according to the replat recorded in Volume 140, Page 458 of the Deed Records of Brazos County, Texas. Erika Bridges, Planning and Development, stated that the City’s current Woodson Village Rehabilitation Project includes abandonment and relocation of a 6-inch sanitary sewer line within a 1,295 square foot Easement to a recently dedicated 20-foot wide Public Utility Easement. Upon Page 9 of 81 RM040821 Minutes Page 5 completion of the sanitary sewer line relocation project, the 1,295 square foot Easement will no longer be necessary. At approximately 6:54 p.m., Mayor Pro Tem Brick opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:54 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. 2021- 4256, vacating and abandoning a 1,295 square foot Easement lying between Lots 5 & 6, Block 9 of The Knoll Subdivision, according to the replat recorded in Volume 140, Page 458 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 7.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4257 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 boundary from R Rural to GS General Suburban on approximately 5 acres of land located at 3006 Norton Lane. Jesse Dimeolo, Planning and Development, stated that this request is to rezone approximately 5 acres of mostly undeveloped land located between William D Fitch Parkway, Wellborn Road, and Barron Road from R Rural to GS General Suburban. The tract was originally zoned R Rural upon annexation to the City in 1995. This zoning request is in effort to provide additional single-family housing supply to this area of the city. Mr. Dimeolo explained that the subject property generally drains to the northwest and the southeast corners. The tract is not encumbered by FEMA Special Flood Hazard Area (SFHA). Downstream detention will be provided to accommodate full build-out. Additional drainage improvements and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property has access to Jeanne Drive, which is constructed as a minor collector but not designated as one on the City’s Thoroughfare Plan. A Traffic Impact Analysis (TIA) was not required as part of the rezoning request due to the applicant showing anticipated peak trip rate to be less than the 150 thresholds. The applicant has stated that the current R Rural zoning is not the highest and best use for the property. The market price of the land exceeds the allowed use of the property and therefore is not marketable without a rezoning. The Planning and Zoning Commission heard this item at their March 18, 2021 regular meeting where they voted unanimously to recommend approval. Staff also recommends approval of the rezoning. At approximately 6:57 p.m., Mayor Pro Tem Brick opened the Public Hearing. Janette Dale, College Station, stated that she is adjacent to the proposed rezoning property and she understands the need for single family homes and development in the area. However, she has concerns about this development becoming more of a rental community, the density of the development, and future connectivity to the proposed thoroughfare. She also stated that she would hope there would be some buffered area or fencing between the development and existing properties. There being no further comments, the Public Hearing was closed at 7:00 p.m. Page 10 of 81 RM040821 Minutes Page 6 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted five (5) for and one (1) opposed, with Councilmember Harvell voting against, to adopt Ordinance No. 2021-4257, 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 boundary from R Rural to GS General Suburban on approximately 5 acres of land located at 3006 Norton Lane. The motion carried. 7.4 Presentation, discussion, and possible action regarding Ordinance No. 2021-4258 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated that on April 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2021-4258, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 8.Council 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, Census Committee Group, 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, Operation Restart, 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 Nichols reported on BVSWMA. Councilmember Cunha reported on Business over Breakfast, Builders and Developers Breakfast, Joint Relief Funding Review Committee, City Council Audit Committee, Historic Preservation Committee, and Rock Prairie Management District 2. Page 11 of 81 RM040821 Minutes Page 7 Councilmember Harvell reported on Unbound Night of Hope and the Historic Preservation Committee. 9.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 an update on Aggie Park and potential drainage issues. Councilmember Harvell requested an item on architectural designs for Northgate. Councilmember Crompton requested a workshop item on the status of a proposal to construct bird blinds in Lick Creek Park. Councilmember Crompton requested that a previously request future agenda modifying the Parkland Dedication ordinance includes four additional features. Those features are a provision for up to 50% credit for land or private amenities, an update to the average cost per acre of land used to determine the various fees, a mechanism for ensuring park development fees recognize developed and passive parks, and a policy in the ETJ requiring parkland dedication fees for those developments, but with a developer credit for private facilities. Councilmember Crompton requested a workshop item on the economic viability of investing in vegetation such as tree canopies to reduce the “Heat Island Effect.” Councilmember Maloney requested a future agenda item for a resolution from council in opposition to the proposed Texas (SB10) Senate Bill 10. Councilmember Brick requested a presentation on ways the City can support communication between developers and the community. 10.Adjournment. There being no further business, Mayor Pro Tem Brick adjourned the Regular Meeting of the City Council at 7:42 p.m. on Thursday, April 8, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 12 of 81 April 22, 2021 Item No. 4.2. Change Order for Contract 21300077 Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action on approving a change order for a Joint Use Pole Attachment Audit with TechServ Consulting and Training, LTD in the amount of $5,445.37. Relationship to Strategic Goals: Core Services & Infrastructure Recommendation(s): Staff recommends approving the change order to increase Contract 21300077 by $5,445.37. Summary: After reviewing the final report and invoices from TechServ’s joint use pole attachment audit, staff discovered that the pole inventory in the Electric GIS, and included in the original scope of work, did not match the number of poles found during the audit. Staff researched and field checked the non-inventoried poles and verified that the poles did belong to CSU and were not shown in GIS. Staff has revised the pole count to include all CSU poles found during the audit. This discrepancy necessitates a change order to include these poles in the audit and brings the total contract amount to $104,932.90, which requires City Council approval. Budget & Financial Summary: The amount of $5,445.37 is available in the Electric Operations and Maintenance budget. The original amount for Contract 21300077 is $99,487.53; if approved, the new contract total is $104,932.90. Approximately $70,305 of the contract amount will be reimbursed by the communications companies that attach to CSU poles, which is required by their contracts. Reviewed & Approved by Legal: No Attachments: 1.21300077 TechServ, CO 1 signed Page 13 of 81 Page 14 of 81 SUB Invoice AmountSub TotalNo Sub $ 2,431.72 22 $ 100.32 24 $ 109.44 184 $ 1,402.08 0 $ - 206 $ 819.88 $ 2,431.72 Switch Station $ 10,604.40 489 $ 2,229.84 569 $ 2,594.64 297 $ 2,263.14 37 $ 388.50 786 $ 3,128.28 $ 10,604.40 Post Oak $ 27,945.32 1,429 $ 6,516.24 1,801 $ 8,212.56 621 $ 4,732.02 31 $ 325.50 2,050 $ 8,159.00 $ 27,945.32 Southwood $ 26,460.10 1,333 $ 6,078.48 1,613 $ 7,355.28 595 $ 4,533.90 78 $ 819.00 1,928 $ 7,673.44 $ 26,460.10 Greens Prairie $ 5,763.28 292 $ 1,331.52 310 $ 1,413.60 160 $ 1,219.20 0 $ - 452 $ 1,798.96 $ 5,763.28 Spring Creek $ 7,909.06 315 $ 1,436.40 341 $ 1,554.96 305 $ 2,324.10 12 $ 126.00 620 $ 2,467.60 $ 7,909.06 Dowling Road $ 13,474.26 611 $ 2,786.16 732 $ 3,337.92 424 $ 3,230.88 0 $ - 1,035 $ 4,119.30 $ 13,474.26 Northgate $ 4,032.70 137 $ 624.72 147 $ 670.32 189 $ 1,440.18 0 $ - 326 $ 1,297.48 $ 4,032.70 Graham Road $ 6,312.06 301 $ 1,372.56 327 $ 1,491.12 194 $ 1,478.28 0 $ - 495 $ 1,970.10 $ 6,312.06 Grand Total $ 104,932.90 4,929 $ 22,476.24 5,864 $ 26,739.84 2,969 $ 22,623.78 158 $ 1,659.00 7,898 $ 31,434.04 $ 22,476.24 $ 26,739.84 $ 22,623.78 $ 1,659.00 $ 31,434.04 Unit Total $ 104,932.90 Original $ 99,487.53 Change Order $ 5,445.37 $ 3.98 $ 10.50 $ 7.62 $ 4.56 $ 4.56 Pole w/ Mid SpanBase DataGo BacksPoles w/o Mid SpansMid SpansPage 15 of 81 April 22, 2021 Item No. 4.3. Satus of non-annexation development agreements entered into in 2011. Sponsor:Molly Hitchcock, Assistant Director of Planning and Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the extension of non- annexation development agreements entered into in 2011, for properties in the Wellborn area. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Sustainable City Recommendation(s): Extend the agreements for a period not to exceed 10 years. Summary: As part of the process of the Wellborn-area annexation in 2012, non-annexation development agreements were extended to property owners in accordance with state statute. The agreements were for a period of ten years and will be expiring on 4/27/2021. The City Council has the ability to allow them to expire, extend the expiration, or move forward with commencing annexation proceedings. Budget & Financial Summary: If the agreements are allowed to expire or if they are extended, there would not be a financial impact. However, if the Council wishes to move forward with commencing annexation proceedings, there would be a financial impact based on the extension of services that would have to be further outlined in a Service Agreement between the City and property owners at a later date. Reviewed & Approved by Legal: No Attachments: 1.Non-Annexation Development Agreement Map 2.Non-Annexation Development Agreement - Silvy Property - 20110427 3.Non-Annexation Development Agreement - Thomas Property - 20110427 Page 16 of 81 Properties with expiring non-annexation agreements in 2021 Page 17 of 81 Page 18 of 81 Page 19 of 81 Page 20 of 81 Page 21 of 81 Page 22 of 81 Page 23 of 81 Page 24 of 81 Page 25 of 81 Page 26 of 81 Page 27 of 81 Page 28 of 81 Page 29 of 81 Page 30 of 81 Page 31 of 81 Page 32 of 81 Page 33 of 81 April 22, 2021 Item No. 4.4. Amendment to Signal Performance Measures Contract with Iteris Inc. Sponsor: Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the first amendment to the Signal Performance Measure contract with Iteris Inc. adding Velocity Cloud System hosting service. Relationship to Strategic Goals: Core Services and Infrastructure Improving Mobility Recommendation(s): Staff recommends approving Summary: To accommodate the full ITS Master Plan Implementation Year 3 contract, an amendment was needed to incorporate the Velocity Software and Hosting. The SPM contract was used because the Technology Service form was needed to execute the contract. The original SPM contract was for $143,550; this amendment adds $11,000 to the total contract amount. Budget & Financial Summary: The funding for the amendment will be covered by the Public Works Traffic Engineering O&M Budget ($5,000 annually for two years) and the ITS Master Plan (ST1501) ($1,000). Reviewed & Approved by Legal: No Attachments: 1.Amendment agreement signed 2.Iteris SPM Velocity Amendment 2-23-21 (1) 3.Velocity_License_Agreement_Cloud Hosted Page 34 of 81 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 20300343 AMD#1 First Amendment to Technology Services Contract With Iteris, Inc. Iteris Inc. 154,550.00 ■ ■■ ■■ ■ Contract Amendment The full funding for this project will be used from the ITS Master Plan ST1501 N/A 4/22/21 N/A N/A N/A N/A N/A N/A 4/12/2021 Page 35 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 1 FIRST AMENDMENT TO TECHNOLOGY SERVICES CONTRACT WITH ITERIS, INC. This Amendment (“Amendment”) is made and entered into by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the “City”), and Iteris, INC.,(the “Consultant”), hereinafter collectively referred to as the “Parties”. WHEREAS, on September 24, 2020 the Parties entered into a Technology Services Contract with Contract No 20300343 (“Agreement”); and WHEREAS, the Parties desire to add Velocity Cloud System Hosting to the Agreement; and NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: 1. SECTION 1.01 IS AMENDED TO READ AS FOLLOWS: 1.01 This Contract is for Automatic Traffic Signal Performance Measure Software Service and Velocity Cloud Hosting Services (the “Project”). The scope and details of the work to be provided to the City by Consultant for the Project are set forth in Exhibit “A” to this Contract and are incorporated as though fully set forth herein by reference ( the “Work”). Consultant agrees to perform or cause the performance of all the work described in Exhibit “A.” 2. SECTION 2.01 IS AMENDED TO READ AS FOLLOWS: 2.01 The total amount of payment, including reimbursements, by the City to Consultant for all Work to be performed under this Contract may not, under any circumstances, exceed:ONE HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED FIFTY AND 00/100. DOLLARS ($154,550.00). 3. SECTION 4.01 IS AMENDED TO READ AS FOLLOWS: Except as provided in Article XI hereinbelow, the Consultant shall complete all of the work described in Exhibit “A” by the dates set forth below: Initial SPM install to be completed 6 weeks from notice to proceed; yearly renewal of subscription for an additional 4 years and VelocityCloud System Hosting services completed within ten (10) weeks after the notice to proceeded with a two (2) year subscription. Page 36 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 2 4. EXHIBIT A IS AMENDED BY ADDING THE FOLLOWING: VELOCITY CLOUD SYSTEM HOSTING STATEMENT OF WORK FOR COLLEGE STATION, TX Task: Velocity Cloud System Hosting 1.Iteriswill migrate the existing Velocity software currently located on the City’s internal network to the cloud for a two-year period. Before the end of the two-year period, Iteris will work with City to negotiate future annual operations and maintenance service to continue the cloud hosting of the Velocity software. The data output and mapping capabilities will remain the same using the same web browser access that the City currently uses. 2.Iteris will work with the City to place the Velocity Travel Time Map on the City’s website, including a legend depicting color-coded travel speed test ranges. Iteris will also provide remote phone support to work with the Destination Aggieland developers to integrate the travel time and speed data from Velocity via our XML feed to provide data within the Destination Aggieland mobile application. 3.Cloud hosting under this scope of work is for two (2) years after acceptance by the City. 4.Network connectivity/setup has been discussed and performed so that the Velocity field units located in City traffic cabinets will be able to transmit data out of the City network to the cloud. Iteris will provide the necessary IP address and ports for the City to setup outbound data flow. Deliverables: 1.Velocity hostingsoftware migration to Iteris cloudincludingthe configuration manager and the GUI. 2.Support placing the Velocity speed map on the City’s website. 3.Support providing data availability to the Destination Aggieland mobile application. Page 37 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 3 Velocity Software License Agreement IMPORTANT – Carefully read the following terms and conditions BEFORE using this Software. Using the Software indicates your complete and unconditional acceptance of the terms and conditions of this Velocity Software License Agreement (“Agreement”). Software License: Iteris, Inc. (“Iteris”) licenses Velocity Software, whether provided on storage media (CD, DVD, portable memory device, etc.), in firmware, pre-installed on computer hardware delivered concurrently with the software, by online subscription service, or as updates via electronic or any other media (“Software”) and any related documentation for description, use, operation, or maintenance of the Software (“Documentation”) as follows: GRANT OF LICENSE – Iteris grants to the original end user purchaser (“Licensee”) of the license for this Software and Documentation a non-exclusive, non-transferable license to use one (1) copy of the Software on a single server monitoring an unlimited number of intersections equipped with Iteris Vantage™ traffic detection products. In the event that access to Software and Documentation is provided by online subscription service, this License is restricted to authorized representatives of Licensee each possessing a user name and password issued by Iteris for access to the software via an Iteris’ worldwide web portal. The Software is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device or media) of that computer, or in the case of online subscription service, when accessed via user name and password. Title to the Software is not transferred to the Licensee by this grant of license. Ownership and title to the Software and Documentation including any copy(ies) of updated Software or Documentation on any storage media (including without limitation, any backup copies on any disk, CD, DVD, BluRay, memory device, computer, network, etc.) are retained by Iteris. CLOUD HOSTING SERVICE – Iteris agrees to provide Licensee cloud hosting services (“Cloud Hosting Services”), including: (a) hosting the intersection data (“Data Feeds”) transmitted through the Velocity Software to dedicated servers and storage devices at a third-party data center (such as Microsoft Azure); (b) making available the Data Feeds to Licensee; and (c) capacity planning efforts to ensure Data Feeds remain scalable to accommodate planned volume growth in use of the Cloud Hosting Services by Licensee. Iteris claims no ownership rights in and to the Data Feeds. Licensee grants to Iteris a limited, non-exclusive, non-transferable license to access and internally use the Data Feeds during the service term solely for the purposes of providing the Cloud Hosting Services to Lic ensee. Iteris may not share the Data Feeds with third parties, except on an aggregated, pseudonymized, and/or anonymous manner (e.g., such as for purposes of improving Iteris services). Iteris will use commercially reasonable efforts to (a) use appropriate precautionary security and control measures to maintain the confidentiality of the Data Feeds from misuse, damage and loss and from unauthorized access, modification and disclosure, in accordance with this Agreement, (b) promptly notify Licensee in the event of becoming aware of any threatened or actual unauthorized misuse, damage, disclosure or loss of the Data Feeds, and (c) take reasonable steps to identify and remediate the cause of such unauthorized misuse, damage, disclosure or loss. In Iteris’ use of one or more third party cloud hosting providers to host the Cloud Hosting Services, these third-party providers maintain a certification and/or report on systems examining logical security controls, physical security controls, and systems availability, like ISO 27001:2013 Certification or a comparable certification, SOC2 and/or other comparable report on systems. Further, these service providers provide assurances to Iteris, including system availability and security with cloud offsite backups, redundant power supplies, redundant and automatic fail over internet resources, and security standards and protocols that meet or exceed industry applicable standards. In addition, these hosting providers provide technical support for its facility 24X7X365 days a year and equip their hosting facility(ies) with fire, earthquake, and anti- static equipment. Upon termination of the Cloud Hosting Services, Iteris and Licensee will work with each other to mutually agree upon the transition of the Cloud Hosting Services, including transfer of Data Feeds to Licensee or its designated authorized third-party contractor. The Cloud Hosting Services is controlled and operated by Iteris from within the United States. COPYRIGHT –– The Software and Documentation are owned by Iteris or its suppliers and are protected by United States copyright laws and international treaty provisions. Licensee shall not make copies of the Software or Documentation except as necessary to install Software updates to the Product(s) or for backup or archive of such updates. Licensees of Iteris’ online subscription services shall not make copies of Software and shall make copies of Documentation solely for reference or training purposes. All backup or archive copies of the Software or Documentation must contain the applicable copyright notice. Licensee shall not rent, disclose, publish, assign, lease, sublicense, create derivative software, market, Page 38 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 4 transfer, or use the Software or Documentation in any manner not expressly authorized by this Agreement. Extraction of Software from storage media, derivation or attempted derivation of the source code or structure of all or any portion of the Software by reverse engineering, decompiling, disassembly, or any other means and creating derivative works based on the Software or Documentation is prohibited. TERMINATION – This License is effective until terminated. Licensee may terminate the license by returning or destroying all copies of the Software and Documentation including copies that exist for backup purposes or that exist on computer hard disk or other permanent storage. This License will terminate immediately if Licensee fails to comply with any of the terms of this License, or in the case of access by online subscription service, upon expiration of the subscription period. Licensee may not transfer its rights under this License. This Agreement is governed by the laws of the State of Texas except for its conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. In the event that Licensee is a federal, state, or local governmental body or agency, this Agreement shall be governed by the laws of the State in which the Licensee is located except for such state’s conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. U.S. GOVERNMENT RESTRICTED RIGHTS – The Software and Documentation are “commercial items” as that term is defined at 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 CFR 12.212. Consistent with 48 CFR 12.212, U. S. Government end users acquire the Software and Documentation with only those rights set forth herein. Contractor/manufacturer is Iteris, Inc. 1700 Carnegie Avenue, Santa Ana, CA 92705. 5. EXHIBIT B IS AMENDED BY ADDING: Velocity Cloud System Hosting One-time Fees: 1. $1,000 for Velocity migration services paid by the City thirty (30) days after acceptance. 2. No Cost - Support services for support to place the Velocity speed map on the City website and support to provide data availability to the Destination Aggieland mobile application. Annual Fees: $5,000 annually for Velocity software cloud hosting for unlimited number of Velocity field units with the first year paid by the City after acceptance of the Velocity system and the second year due in year two of Velocity. Page 39 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 5 6.This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 7.All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 8.This Amendment is effective when signed by the last Party whose signing makes the Amendment fully executed. ITERIS, INC. CITY OF COLLEGE STATION By: By: City Manager Printed Name: __________________ Date: Title: __________________________APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: Mark Nogaki 3/31/2021 VP, Sales & Customer Success Page 40 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 1 FIRST AMENDMENT TO TECHNOLOGY SERVICES CONTRACT WITH ITERIS, INC. This Amendment (“Amendment”) is made and entered into by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the “City”), and Iteris, INC., (the “Consultant”), hereinafter collectively referred to as the “Parties”. WHEREAS, on September 24, 2020 the Parties entered into a Technology Services Contract with Contract No 20300343 (“Agreement”); and WHEREAS, the Parties desire to add Velocity Cloud System Hosting to the Agreement; and NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: 1. SECTION 1.01 IS AMENDED TO READ AS FOLLOWS: 1.01 This Contract is for Automatic Traffic Signal Performance Measure Software Service and Velocity Cloud Hosting Services (the “Project”). The scope and details of the work to be provided to the City by Consultant for the Project are set forth in Exhibit “A” to this Contract and are incorporated as though fully set forth herein by reference ( the “Work”). Consultant agrees to perform or cause the performance of all the work described in Exhibit “A.” 2. SECTION 2.01 IS AMENDED TO READ AS FOLLOWS: 2.01 The total amount of payment, including reimbursements, by the City to Consultant for all Work to be performed under this Contract may not, under any circumstances, exceed: ONE HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED FIFTY AND 00/100. DOLLARS ($154,550.00). 3. SECTION 4.01 IS AMENDED TO READ AS FOLLOWS: Except as provided in Article XI hereinbelow, the Consultant shall complete all of the work described in Exhibit “A” by the dates set forth below: Initial SPM install to be completed 6 weeks from notice to proceed; yearly renewal of subscription for an additional 4 years and Velocity Cloud System Hosting services completed within ten (10) weeks after the notice to proceeded with a two (2) year subscription. Page 41 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 2 4. EXHIBIT A IS AMENDED BY ADDING THE FOLLOWING: VELOCITY CLOUD SYSTEM HOSTING STATEMENT OF WORK FOR COLLEGE STATION, TX Task: Velocity Cloud System Hosting 1. Iteris will migrate the existing Velocity software currently located on the City’s internal network to the cloud for a two-year period. Before the end of the two-year period, Iteris will work with City to negotiate future annual operations and maintenance service to continue the cloud hosting of the Velocity software. The data output and mapping capabilities will remain the same using the same web browser access that the City currently uses. 2. Iteris will work with the City to place the Velocity Travel Time Map on the City’s website, including a legend depicting color-coded travel speed test ranges. Iteris will also provide remote phone support to work with the Destination Aggieland developers to integrate the travel time and speed data from Velocity via our XML feed to provide data within the Destination Aggieland mobile application. 3. Cloud hosting under this scope of work is for two (2) years after acceptance by the City. 4. Network connectivity/setup has been discussed and performed so that the Velocity field units located in City traffic cabinets will be able to transmit data out of the City network to the cloud. Iteris will provide the necessary IP address and ports for the City to setup outbound data flow. Deliverables: 1. Velocity hosting software migration to Iteris cloud including the configuration manager and the GUI. 2. Support placing the Velocity speed map on the City’s website. 3. Support providing data availability to the Destination Aggieland mobile application. Page 42 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 3 Velocity Software License Agreement IMPORTANT – Carefully read the following terms and conditions BEFORE using this Software. Using the Software indicates your complete and unconditional acceptance of the terms and conditions of this Velocity Software License Agreement (“Agreement”). Software License: Iteris, Inc. (“Iteris”) licenses Velocity Software, whether provided on storage media (CD, DVD, portable memory device, etc.), in firmware, pre-installed on computer hardware delivered concurrently with the software, by online subscription service, or as updates via electronic or any other media (“Software”) and any related documentation for description, use, operation, or maintenance of the Software (“Documentation”) as follows: GRANT OF LICENSE – Iteris grants to the original end user purchaser (“Licensee”) of the license for this Software and Documentation a non-exclusive, non-transferable license to use one (1) copy of the Software on a single server monitoring an unlimited number of intersections equipped with Iteris Vantage™ traffic detection products. In the event that access to Software and Documentation is provided by online subscription service, this License is restricted to authorized representatives of Licensee each possessing a user name and password issued by Iteris for access to the software via an Iteris’ worldwide web portal. The Software is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device or media) of that computer, or in the case of online subscription service, when accessed via user name and password. Title to the Software is not transferred to the Licensee by this grant of license. Ownership and title to the Software and Documentation including any copy(ies) of updated Software or Documentation on any storage media (including without limitation, any backup copies on any disk, CD, DVD, BluRay, memory device, computer, network, etc.) are retained by Iteris. CLOUD HOSTING SERVICE – Iteris agrees to provide Licensee cloud hosting services (“Cloud Hosting Services”), including: (a) hosting the intersection data (“Data Feeds”) transmitted through the Velocity Software to dedicated servers and storage devices at a third-party data center (such as Microsoft Azure); (b) making available the Data Feeds to Licensee; and (c) capacity planning efforts to ensure Data Feeds remain scalable to accommodate planned volume growth in use of the Cloud Hosting Services by Licensee. Iteris claims no ownership rights in and to the Data Feeds. Licensee grants to Iteris a limited, non-exclusive, non-transferable license to access and internally use the Data Feeds during the service term solely for the purposes of providing the Cloud Hosting Services to Licensee. Iteris may not share the Data Feeds with third parties, except on an aggregated, pseudonymized, and/or anonymous manner (e.g., such as for purposes of improving Iteris services). Iteris will use commercially reasonable efforts to (a) use appropriate precautionary security and control measures to maintain the confidentiality of the Data Feeds from misuse, damage and loss and from unauthorized access, modification and disclosure, in accordance with this Agreement, (b) promptly notify Licensee in the event of becoming aware of any threatened or actual unauthorized misuse, damage, disclosure or loss of the Data Feeds, and (c) take reasonable steps to identify and remediate the cause of such unauthorized misuse, damage, disclosure or loss. In Iteris’ use of one or more third party cloud hosting providers to host the Cloud Hosting Services, these third-party providers maintain a certification and/or report on systems examining logical security controls, physical security controls, and systems availability, like ISO 27001:2013 Certification or a comparable certification, SOC2 and/or other comparable report on systems. Further, these service providers provide assurances to Iteris, including system availability and security with cloud offsite backups, redundant power supplies, redundant and automatic fail over internet resources, and security standards and protocols that meet or exceed industry applicable standards. In addition, these hosting providers provide technical support for its facility 24X7X365 days a year and equip their hosting facility(ies) with fire, earthquake, and anti- static equipment. Upon termination of the Cloud Hosting Services, Iteris and Licensee will work with each other to mutually agree upon the transition of the Cloud Hosting Services, including transfer of Data Feeds to Licensee or its designated authorized third-party contractor. The Cloud Hosting Services is controlled and operated by Iteris from within the United States. COPYRIGHT – The Software and Documentation are owned by Iteris or its suppliers and are protected by United States copyright laws and international treaty provisions. Licensee shall not make copies of the Software or Documentation except as necessary to install Software updates to the Product(s) or for backup or archive of such updates. Licensees of Iteris’ online subscription services shall not make copies of Software and shall make copies of Documentation solely for reference or training purposes. All backup or archive copies of the Software or Documentation must contain the applicable copyright notice. Licensee shall not rent, disclose, publish, assign, lease, sublicense, create derivative software, market, Page 43 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 4 transfer, or use the Software or Documentation in any manner not expressly authorized by this Agreement. Extraction of Software from storage media, derivation or attempted derivation of the source code or structure of all or any portion of the Software by reverse engineering, decompiling, disassembly, or any other means and creating derivative works based on the Software or Documentation is prohibited. TERMINATION – This License is effective until terminated. Licensee may terminate the license by returning or destroying all copies of the Software and Documentation including copies that exist for backup purposes or that exist on computer hard disk or other permanent storage. This License will terminate immediately if Licensee fails to comply with any of the terms of this License, or in the case of access by online subscription service, upon expiration of the subscription period. Licensee may not transfer its rights under this License. This Agreement is governed by the laws of the State of Texas except for its conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. In the event that Licensee is a federal, state, or local governmental body or agency, this Agreement shall be governed by the laws of the State in which the Licensee is located except for such state’s conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. U.S. GOVERNMENT RESTRICTED RIGHTS – The Software and Documentation are “commercial items” as that term is defined at 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 CFR 12.212. Consistent with 48 CFR 12.212, U. S. Government end users acquire the Software and Documentation with only those rights set forth herein. Contractor/manufacturer is Iteris, Inc. 1700 Carnegie Avenue, Santa Ana, CA 92705. 5. EXHIBIT B IS AMENDED BY ADDING: Velocity Cloud System Hosting One-time Fees: 1. $1,000 for Velocity migration services paid by the City thirty (30) days after acceptance. 2. No Cost - Support services for support to place the Velocity speed map on the City website and support to provide data availability to the Destination Aggieland mobile application. Annual Fees: $5,000 annually for Velocity software cloud hosting for unlimited number of Velocity field units with the first year paid by the City after acceptance of the Velocity system and the second year due in year two of Velocity. Page 44 of 81 Contract No. 20300343 Iteris SPM/Velocity 1st Amendment Page | 5 6. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 7. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 8. This Amendment is effective when signed by the last Party whose signing makes the Amendment fully executed. ITERIS, INC. CITY OF COLLEGE STATION By: By: City Manager Printed Name: __________________ Date: Title: __________________________ APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: Page 45 of 81 Velocity Software License Agreement IMPORTANT – Carefully read the following terms and conditions BEFORE using this Software. Using the Software indicates your complete and unconditional acceptance of the terms and conditions of this Velocity Software License Agreement (“Agreement”). Software License: Iteris, Inc. (“Iteris”) licenses Velocity Software, whether provided on storage media (CD, DVD, portable memory device, etc.), in firmware, pre-installed on computer hardware delivered concurrently with the software, by online subscription service, or as updates via electronic or any other media (“Software”) and any related documentation for description, use, operation, or maintenance of the Software (“Documentation”) as follows: GRANT OF LICENSE – Iteris grants to the original end user purchaser (“Licensee”) of the license for this Software and Documentation a non-exclusive, non-transferable license to use one (1) copy of the Software on a single server monitoring an unlimited number of intersections equipped with Iteris Vantage™ traffic detection products. In the event that access to Software and Documentation is provided by online subscription service, this License is restricted to authorized representatives of Licensee each possessing a user name and password issued by Iteris for access to the software via an Iteris’ worldwide web portal. The Software is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device or media) of that computer, or in the case of online subscription service, when accessed via user name and password. Title to the Software is not transferred to the Licensee by this grant of license. Ownership and title to the Software and Documentation including any copy(ies) of updated Software or Documentation on any storage media (including without limitation, any backup copies on any disk, CD, DVD, BluRay, memory device, computer, network, etc.) are retained by Iteris. 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This Agreement is governed by the laws of the State of California except for its conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. In the event that Licensee is a federal, state, or local governmental body or agency, this Agreement shall be governed by the laws of the State in which the Licensee is located except for such state’s conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. U.S. GOVERNMENT RESTRICTED RIGHTS – The Software and Documentation are “commercial items” as that term is defined at 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 CFR 12.212. Consistent with 48 CFR 12.212, U. S. Government end users acquire the Software and Documentation with only those rights set forth herein. Contractor/manufacturer is Iteris, Inc. 1700 Carnegie Avenue, Santa Ana, CA 92705. Page 47 of 81 April 22, 2021 Item No. 4.5. Intersections Controlled with Stop and Yield Signs Sponsor:Troy Rother, Senior Engineer 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 38-1003, “Traffic Schedule III, Stop Signs” and presentation, discussion, and possible action regarding an ordinance amending Chapter 38, "Traffic and Vehicles", Article VI, “Traffic Schedules”, Section 38-1004,“Traffic Schedule IV, Yield Signs". Relationship to Strategic Goals: Core Services and Infrastructure Improving Mobility Recommendation(s): Staff recommends approving Summary: This item will modify Chapter 38, “Traffic Code,” by updating Schedule III and IV of the Traffic Control Device Inventory to add STOP signs and YIELD signs at various intersection approaches. Budget & Financial Summary: The “Stop” and “Yield” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operation budget. Reviewed & Approved by Legal: No Attachments: 1.Yield Signs Ordinance 2021 2.Stop Signs Ordinance 2021 Page 48 of 81 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE VI, “TRAFFIC SCHEDULES,” SECTION 38-1004 “TRAFFIC SCHEDULE IV, YIELD SIGNS”, BY ADDING THE INTERSECTIONS OF BRIDGEWATER DRIVE, BRUNSWICK COURT, ROBINSVILLE COURT AND LAMBSBURG LANE, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1004 “Traffic Schedule IV, Yield Signs” 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 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. 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 49 of 81 ORDINANCE NO. _________Page 2 of 3 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 50 of 81 ORDINANCE NO. _________Page 3 of 3 Exhibit A That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1004 “Traffic Schedule VI, Yield Signs” is hereby amended to add the following: Street Intersection Street Travel Direction Lambsburg Lane Bridgewater Drive South Lambsburg Lane Brunswick Court South Lambsburg Lane Brunswick Court North Lambsburg Lane Robinsville Court North Page 51 of 81 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE VI, “TRAFFIC SCHEDULES,” SECTION 38-1003 “TRAFFIC SCHEDULE III, STOP SIGNS”, BY ADDING THE INTERSECTION OF BRUNSWICK COURT AND ALEXANDRIA AVENUE, BRIDGEWATER DRIVE AND ALEXANDRIA AVENUE, ROBINSVILLE COURT AND ALEXANDRIA AVENUE, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1003 “Traffic Schedule III, Stop Signs” 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 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. 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 52 of 81 ORDINANCE NO. _________Page 2 of 3 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 53 of 81 ORDINANCE NO. _________Page 3 of 3 Exhibit A That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1003 “Traffic Schedule III, Stop Signs” is hereby amended to add the following: Street Intersection Street Travel Direction Brunswick Court Alexandria Avenue East Bridgewater Drive Alexandria Avenue East Robinsville Court Alexandria Avenue East Page 54 of 81 April 22, 2021 Item No. 5.1. Section 108 Loan Application for LULAC Oak Hill Apartments Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action adopting a resolution to approve an application to the U. S. Department of Housing and Urban Development for a loan through the Section 108 Loan Guarantee Program for LULAC Oak Hill Apartments Rehabilitation Project. Relationship to Strategic Goals: Core Services & Infratructure, Neighborhood Integrity Recommendation(s): Staff recommends adoption of the resolution to approve the application for a Section 108 loan. Summary: At the February 11, 2021, City Council directed staff to move forward with an application to the U. S. Department of Housing and Urban Development for a Section 108 Loan to provide funding to LULAC Oak Hill Apartments for a complete rehabilitation project. The Section 108 program is a provision of the Community Development Block Grant (CDBG) program and allows Entitlement Communities to borrow up to five times their current annual grant amount. Future CDBG allocations guarantee the loan. Section 108 loans can be used as a source of financing for economic development, housing rehabilitation, public facilities and infrastructure. LULAC Oak Hill Apartments was developed originally through the Section 202 Supportive Housing for the Elderly program. Therefore, 100% of the residents are at or below 50% of the area median income. Residents must also be 62 years of age or older. Therefore, this activity meets the objective of assisting LMI residents and the goal identified in the 2020 - 2024 Consolidated Plan of addressing Rental Housing - Rehabilitation for Special Needs populations. The complete loan application with full information is attached. Budget & Financial Summary: If approved, current and future year CDBG allocation are security for the loan. Reviewed & Approved by Legal: No Attachments: 1.DRAFT Section 108 Application - LULAC Oak Hill 2.Attachment 2 - Resolution Approving Section 108 Application Page 55 of 81 DRAFT SECTION 108 LOAN APPLICATION City of College Station Application for HUD Section 108 Loan Guarantee LULAC Oak Hill Apartments April 26, 2021 Submitted by: City of College Station Community Services Department Community Development Division Debbie Eller, Director P. O. Box 9960 College Station, Texas 77840 979-764-3771 deller@cstx.gov Introduction: The City of College Station, Texas is requesting $2,808,018 in funding under the Section 108 Loan Guarantee Program (Section 108) of the U. S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant Program (CDBG). The Section 108 program is a provision of the Community Development Block Grant (CDBG) program and allows Entitlement Communities to borrow up to five times their current annual grant amount. Future CDBG allocations guarantee the loan. Section 108 loans can be used as a source of financing for economic development, housing rehabilitation, public facilities, and infrastructure. Cities such as College Station do not receive enough CDBG funding in any one year to allow for the completion of large-scale physical development and rehabilitation projects. In addition, HUD regulations do not allow Entitlement communities to “Stock-pile” their allocations over several years to build sufficient funding for a project. Therefore, the loan guarantee program provides loans large enough to carry out larger local projects that can revitalize and improve neighborhoods. The loans are required to be repaid within 20 years and to not absorb all of the annual CDBG allocation. The current and future CDBG allocations are security for the loan. Section 108 obligations are financed through underwritten public offerings. Financing between public offerings is provided through an interim lending facility establish by HUD. Interest rates on interim borrowing are typically 15 to 20 basis points above the Treasury borrowing rates. The activity to be carried out with the Section 108 must meet HUD’s community development objectives as well as the City’s priorities detailed in the latest PY2020 – 2024 Consolidated Plan. The primary objective of the CDBG program and the Section 108 program, as defined in 24 CFR 570.200(1)(3), is to assist low- to moderate-income (LMI) residents with at least 70% of its funding. Within this objective, all activities must meet one or more of the three national objectives defined under 24 CFR 570.200 (a)(2) as benefitting LMI families, aiding in the prevention or elimination of slums or blight, or meeting other community development needs Page 56 of 81 DRAFT SECTION 108 LOAN APPLICATION that have an urgency due to existing conditions that pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available. Proposed Activities: Eligibility: Housing Rehabilitation – LMH under 570.202 (a)(1); Matrix Code 14B Requested Amount of Section 108 Assistance: Total: $2,808,018 Description: LULAC Oak Hill Apartments is a 50-unit property constructed approximately 40 years ago to provide housing to low-income elderly residents and persons with disabilities. Original funding for development included the Section 202 Supportive Housing for the Elderly program. One unit is reserved for an on-site manager. LULAC Oak Hill has never undergone a substantial rehabilitation and many of its components are well beyond their useful life and in poor condition. A preliminary physical needs assessment was completed and a contractor was retained that has experience with multi-family renovations to inspect the property and provide a cost estimate for the necessary repairs. The estimated cost of renovations is approximately $2,200,000, which would be cost-prohibitive to fund through conventional loans, LIHTC, or tax-exempt bonds due to the high cost and complexity of financing. The scope of work for 50-units will include complete interior and exterior renovations that will increase safety for the tenants and include energy efficient upgrades. Renovations will include the Club Building, parking areas, and fencing. As LULAC Oak Hill maintains 100% occupancy of all 50-units, temporary relocation will take place while each unit is being renovated. Relocation expenses will include housing, storage, and moving expenses for each tenant. Rental Housing – Rehabilitation to address Special Needs the population is a goal identified in the PY2020 – 2024 Consolidated Plan and the PY2020 Action Plan. All residents of LULAC Oak Hill apartments have a household income of 50% or less of the area median income and must be 62 years of age or older or have a disability. Therefore, this activity meets the objective of benefiting LMI residents. This project will ensure safe, decent, affordable housing for the City’s low-income elderly population for at least 20 years. Page 57 of 81 DRAFT SECTION 108 LOAN APPLICATION Project Location: Page 58 of 81 DRAFT SECTION 108 LOAN APPLICATION Project Current Photos/Condition: Page 59 of 81 DRAFT SECTION 108 LOAN APPLICATION Estimated Timeframe: The estimated timeframe for financing and construction is: 2021 April 9 Notice in Paper April 9 - 23 Public Comment Period April 22 Public Hearing April 22 Council Approval April 26 Application Submission April 26 - May 28 HUD Review May 29 - June 25 HUD Approval June 28 - Aug 27 Development of Financing Documents Aug 30 - Sept 24 Revision of Financing Documents Oct 8 Guaranteed Loan Closing Oct 15 Community Advances Funds Nov 1 Construction/Rehabilitation Begins 2022 August Construction Completion Information on Organizational Arrangements: The City of College Station will act as the Lender and provide oversight to ensure compliance with Section 108 and CDBG requirements. LULAC Oak Hill, Inc. will be the non-profit third-party recipient administering the project and will be responsible for monthly loan payments to the City of College Station. LULAC Oak Hill, Inc. was the original developer of these apartments and has retained ownership for approximately 40 years. The non-profit board of directors has retained a managing agent, Mr. Bill Elsbree. Bill Elsbree Professional Experience Bill has served as a Vice President with Creative Property Management Co. since 2005. He graduated from Bentley University in 1980 with a Bachelor of Science in Accounting. From 1980 thru 1985, he worked for a national accounting firm, specializing in the auditing and syndicating of affordable housing properties. He became a Certified Public Accountant in 1983 and maintained this certification thru 2000. In 1985, he was hired by a client to serve as an in-house analyst, where his efforts focused on the financing, managing and redevelopment of older, distressed affordable rental housing properties, in addition to the financing of newly constructed developments. Since the late 1980s, he has served as a consultant and property manager for both for-profit and not-for-profit multifamily owners, with a focus on developing and maintaining strong relationships with their lenders, investors, and federal, state, and local government funders. He started working with Creative Property Management Co. in 1997 and manages a wide variety of governmental and institutional relationships for a portfolio of properties managed by CPM. His work has involved a wide range of public funding sources, including Section Eight, Section 236, Home and the Low-Income Housing Tax Credit. His recent experience has included serving as lead developer and managing the refinancing and renovation of two HUD Section Eight properties He is a non-practicing member of the American Institute of Certified Public Accountants. Page 60 of 81 DRAFT SECTION 108 LOAN APPLICATION Information on Financial Underwriting: Sources and Uses: This project will be carried out entirely utilizing the Section 108 funding. Construction Building Rehabilitation $ 1,941,243 Professional Fees General Requirements $ 116,475 Overhead $ 116,475 Profit $ 38,825 Construction Contingency $ 220,000 Professional Fees Architectural $ 30,000 Survey $ 5,000 Engineering $ 10,000 Permits $ 10,000 Inspections $ 20,000 Bond $ 25,000 Environmental $ 5,000 Other Soft Costs Accounting $ 15,000 Legal $ 30,000 Total/Recording $ 40,000 Soft Cost Contingency $ 60,000 Relocation Relocation Costs $ 75,000 Developer Fee Developer Fee $ 50,000 Total Project Cost $ 2,808,018 Page 61 of 81 DRAFT SECTION 108 LOAN APPLICATION Underwriting: The City of College Station entered into an agreement with the Brazos Valley CDC, Inc. for an underwriting review of the potential Section 108 Loan. The review included a review of financials, audit, rent rolls, and project description and estimates. A Memorandum of Approval was issued by the Board of the CDFI on Thursday, January 14, 2021. Page 62 of 81 DRAFT SECTION 108 LOAN APPLICATION LULAC Oak Hill Operating Pro Forma Page 63 of 81 DRAFT SECTION 108 LOAN APPLICATION Page 64 of 81 DRAFT SECTION 108 LOAN APPLICATION Proposed Repayment Schedule: Repayment for the Section 108 will be through rent revenue. The proposed Section 108 Principal-only Repayment Schedule: Year # of Monthly Payments Estimated Annual Principal Payments 2022 4 $ 58,000 2023 12 $ 140,000 2024 12 $ 140,000 2025 12 $ 140,000 2026 12 $ 140,000 2027 12 $ 140,000 2028 12 $ 140,000 2029 12 $ 140,000 2030 12 $ 140,000 2031 12 $ 140,000 2032 12 $ 140,000 2033 12 $ 140,000 2034 12 $ 141,000 2035 12 $ 141,000 2036 12 $ 141,000 2037 12 $ 141,000 2038 12 $ 141,000 2039 12 $ 141,000 2040 12 $ 141,000 2041 12 $ 141,000 2042 8 $ 82,000 $ 2,808,000 Proposed collateral for the Section 108 guaranteed financing in addition to pledged CDBG funds would the physical property located at 1105 Anderson, College Station, Texas 77840 (Brazos County Property ID 10508; Legal Description A000701, Crawford Burnett (ICL), Tract 147.1, 5,41 Acres, & Associated BPP) Information for Program Requirements: Eligibility Category: 24 CFR 570.703 (h) – Housing Rehabilitation Rental Housing Rehabilitation – 24 CFR 570.202(a)(1) – Rehabilitation Assistance CDBG National Objective – 24 CFR 570.208 (a)(3)Matrix Code 14B Page 65 of 81 LULAC Oak Hill Section 108 Loan Application Resolution Page 1 of 2 RESOLUTION NO.______________ A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A SECTION 108 LOAN PROVIDING FUNDING THROUGH A LOAN TO LULAC OAK HILL, INC. FOR THE COMPLETE REHABILITATION OF THE OAK HILL APARTMENT COMPLEX. WHEREAS, the City of College Station is entitled to receive $1,185,518 in Community Development Block Grant (CDBG) funds in Program Year 2020 and can access a loan of up to five times this amount through the Section 108 Loan Guarantee Program; and WHEREAS, housing rehabilitation is an eligible activity under the Section 108 Loan Guarantee Program; and WHEREAS, the City of College Station, Texas, has a Five-Year Consolidated Plan that identifies the goal of Rental Housing – Rehabilitation for Special Needs Populations; and WHEREAS, LULAC Oak Hill, Inc. has submitted a request to the City of College Station for assistance to complete a rehabilitation of the Oak Hill Apartment Complex in an amount not to exceed $3,000,000.00; and WHEREAS, All of the tenants at LULAC Oak Hill, Inc. Apartments have an income of 50% or less of the area median income and are age 62 years or over, therefore meeting the CDBG objective of benefiting LMI residents; and WHEREAS, the City of College Station has an established Community Development Program under Chapter 373 of the Texas Local Government Code that (1) identifies areas of the City of College Station with concentrations of low- and moderate- income persons; (2) establishes areas in which program activities are proposed; (3) provides a plan under which citizens may publicly comment on activities; and (4) requires public hearings on program activities; and WHEREAS, the City of College Station has provided adequate information for public comment as required by the Citizen Participation Plan; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the College Station City Council hereby approves the U. S. Department of Housing and Urban Development application for a Section 108 Loan to provide loan assistance to LULAC Oak Hill, Inc. for the rehabilitation of Oak Hill Apartments. Page 66 of 81 LULAC Oak Hill Section 108 Loan Application Resolution Page 2 of 2 PART 2: That the City Council hereby authorizes and designates the City Manager or his designee to execute and submit all required applications, certifications, evaluations, amendments, and other forms required by HUD for the Section 108 Loan Guarantee Program on behalf of the City of College Station. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this ___ day of ______, 2021. ATTEST: APPROVED: _____________________________ __________________________________ City Secretary Mayor APPROVED: _____________________________ City Attorney Page 67 of 81 April 22, 2021 Item No. 5.2. Costco Economic Development Agreement Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving a Chapter 380 Economic Development Agreement between the City of College Station, Texas, and Costco Wholesale Corporation. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommends approval of the resolution. Summary: This agenda item is a resolution adopting an economic development program in the form of an agreement with Costco incenting them construct a store in College Station on the approximately 19 acres of land to which the Property Purchase Agreement presented to Council relates. These agreements work together and encompass the terms under which Costco will construct and operate a new 160,000 square foot facility at the City-owned Midtown Business Park. The following is a summary of both the real estate contract and economic development agreement. Costco will purchase approximately 19 acres, construct a new 160,000 square foot facility, construct required infrastructure on and off site and must open for business by December 31, 2023. In exchange, the City is selling the property at a discounted price and will reimburse Costco for development-related permit fees. The discounted price includes a credit of 5% off the purchase price to Costco at closing. The City is to establish deed restrictions on remaining city property in the immediate area that’s 10 acres or larger prohibiting another similar retailer from locating in the vicinity. Budget & Financial Summary: More detailed information and cost estimates will be provided at the meeting. Reviewed & Approved by Legal: No Attachments: 1.Economic Development Agreement is on file with the City Secretary's Office Page 68 of 81 Economic Development Agreement is on file with the City Secretary’s Office. Page 69 of 81 April 22, 2021 Item No. 5.3. Costco Property Purchase Agreement Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action approving a Property Purchase Agreement between the City of College Station and Costco Wholesale Corporation for an approximately 18.670 acre tract of land located generally near the intersection of Earl Rudder Freeway and Corporate Drive in the Midtown Business Park. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommends approval of the contract. Summary: This is a Property Purchase Agreement relating to Costco purchasing undeveloped land to build and operate one of its stores in College Station. There is also an Economic Development Agreement on tonight’s agenda that is conditioned upon the property being purchased by Costco. Later, there will be a Participation Agreement to be entered into between the parties relating to the shared costs of constructing needed infrastructure serving both the Costco tract and other nearby areas of Midtown Business Park. The Resolution adopting the Economic Development Agreement with Costco referenced in the next agenda item works together with this agreement to encompass the terms with Costco to develop a new 160,000 square foot facility at the City-owned Midtown Business Park. The following is a summary of both the real estate contract and economic development agreement. Costco will purchase approximately 19 acres, construct a new 160,000 square foot facility, construct required infrastructure on and off site and must open for business by December 31, 2023. In exchange, the City is selling the property at a discounted price and will reimburse Costco for development-related permit fees. The discounted price includes a credit of 5% off the purchase price to Costco at closing. The City is to establish deed restrictions on remaining city property in the immediate area that’s 10 acres or larger prohibiting another similar retailer from locating in the vicinity. Budget & Financial Summary: More detailed information and cost estimates will be provided at the meeting. Reviewed & Approved by Legal: No Attachments: 1.Real estate contract is on file with the City Secretary's Office Page 70 of 81 Real estate contract is on file with the City Secretary’s Office. Page 71 of 81 April 22, 2021 Item No. 5.4. Rental Registration Program and Fee Structure Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the Rental Registration Program and proposed fee structure. Relationship to Strategic Goals: Financial Sustainability, Core Services & Infrastructure, Neighborhood Integrity Recommendation(s): Staff recommends City Council receive a presentation regarding the Rental Registration Program and proposed fee structure. Summary: At the Janaury 14th City Council meeting, staff presented an overview of the Rental Registration program and a fee analysis. The Council directed staff to research additional information and develop a proposed fee structure. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 72 of 81 April 22, 2021 Item No. 5.5. 1207 Texas Avenue Design Contract Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Kirksey Architects, Inc. in the amount of $149,000 for the Design of 1207 Texas Avenue Renovation Project. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This contract is for architect design services for the building at 1207 Texas Avenue (current Human Resources and Facilities Maintenance building). Human Resources will be moving into the new city hall once completed this fall. Furthermore, Facilities Maintenance will be moving into a new shop under design currently, located at the Public Works Operations center on William King Cole behind the municipal courts building. Once they move in Spring of 2022, we will begin work on renovating the building to provide office space and event space for the new Tourism department. Kirksey Architects, Inc. was chosen to complete the design because they are the current architect for the new city hall and can help maintain design consistencies among the two buildings. The design, once further along, will be presented to the Architectural Advisory Committee as well as Council. Construction is scheduled to start in spring of 2022 and complete by the end of 2022. Budget & Financial Summary: Budget in the amount of $250,000 is currently appropriated for this project in the Hotel Occupancy Tax Fund. Nothing has been expended or committed to date, leaving a balance of $250,000 for this design contract and related expenses. Reviewed & Approved by Legal: No Attachments: 1.1207 Texas Ave Kirksey proposal v3 rev edf Page 73 of 81 1 GENERAL The specific Basic Services to be provided by the Architect, and the initial assumptions made with respect to the provision of such services, are described below. Services not identified as Basic Services constitute Additional Services for which additional compensation may be due. 2 INITIAL ASSUMPTIONS Office (approx. 5,500sf) – minimal renovation of existing office space; complete renovation of staff restrooms to comply with TAS. Support (approx. 5,500sf) – Lobby, public restrooms, catering kitchen, mechanical/IT rooms Event (approx. 5,500sf) – open, flexible multipurpose space for events Exterior – lighting, entry canopy, accessible paths, signage Project budget: $1,000,000 3 BASIC SERVICES The Architect’s Basic Services consist of those described herein and include services of the following consultants: Structural Engineering Services; MEP Engineering Services; Civil Engineering Services; Low- voltage System Design Services (AV, IT and Security) for the event space; Cost Estimating Services The Basic Services to be provided by each consultant, including site visits, shall be as stated in the consultant proposals. 3.1 SCHEMATIC DESIGN / DESIGN DEVELOPMENT PHASE SERVICES 3.1.1 The Architect shall review and evaluate general parameters for the Project and thereafter confirm with the Client the requirements for the Project, including the cost of work. Based upon the agreed-upon requirements, the Architect shall prepare Design Development Documents illustrating the scale and relationship of Project components. The documents may consist, each as appropriate or agreed, of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems, a combination of study models, perspective sketches, or digital modeling, as well as outline specifications identifying major materials and systems. The Architect shall submit the Design Development Documents to the Client for the Client’s written approval. 3.2 CONSTRUCTION DOCUMENTS PHASE SERVICES 3.2.1 The Architect shall consider, if any, the Client’s revision of Project requirements or changes in the cost of work. Based upon the agreed-upon requirements and approved Design Development Documents, the Architect shall prepare Construction Documents further refining the Design Development Documents and consisting of drawings and specifications setting forth the quality levels of materials and systems and other requirements for construction of the work. The Architect shall submit the Construction Documents to the Client for the Client’s written approval. 3.3 BIDDING PHASE SERVICES scope of services Page 74 of 81 3.3.1 The Architect shall assist the Client by distributing bidding documents as reasonably required to prospective bidders, conducting a pre-bid conference (if appropriate), preparing responses, clarifications, and interpretations of the bidding documents, and documenting the opening and responsiveness of the bids received. The Architect shall consider requests for substitutions, if permitted, and thereafter prepare and distribute addenda identifying approved substitutions to prospective bidders. 3.4 CONSTRUCTION PHASE SERVICES 3.4.1 The Architect’s responsibility to provide Construction Phase Services commences with the award of the contract for construction and terminates at the earlier of the issuance of the final certificate for payment or 60 days after the date of substantial completion. 3.4.2 The Architect shall not have control over or responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, nor shall the Architect be responsible for the contractor’s failure to perform or for acts or omissions of the contractor or of any other persons or entities performing the work. 3.4.3 Subject to the parameters below, the Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of work completed and to determine, in general, if the work observed is being performed in a manner indicating that it will be in accordance with the contract documents when fully completed. The Architect, however, shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. On the basis of these visits, the Architect shall report to the Client those deviations, defects, and deficiencies observed in the work. 3.4.4 The Architect shall review and certify amounts due the contractor based upon the Architect’s site visit observations and the data in each application for payment. Such certificates indicate the Architect’s belief that the work has progressed to the point indicated and the quality is in accordance with the contract documents, each subject to qualification, if noted. Moreover, the issuance of a certificate for payment shall not be a representation that the Architect has made exhaustive or continuous on-site inspections of the quality or quantity of the work, reviewed construction means, methods, techniques, or sequences, reviewed requisitions or other data to substantiate the contractor’s right to payment, or ascertained how or for what purpose the contractor has used funds previously paid. 3.4.5 The Architect shall review and take appropriate action upon contractor’s submittals such as shop drawings but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s review shall not address the accuracy and completeness of other information such as dimensions or quantities or constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. 3.4.6 The Architect may authorize minor changes that are consistent with the intent of the Contract Documents and do not involve an adjustment in the contract sum or an extension of the time. Subject to the parameters below, the Architect shall review change orders and construction change directives for the Client’s approval and execution. Page 75 of 81 3.4.7 Subject to the parameters below, the Architect shall conduct an inspection to determine (1) the date or dates of substantial completion and issue certificates of substantial completion and (2) the date of final completion and issue a final certificate for payment. 3.4.8 The following Construction Phase Services shall be provided as Basic Services subject to the following limits: 16 site visits by the Architect during construction, which is assumed to be 7 months 2 review(s) of each shop drawing, product data item, sample, and similar submittal 1 inspection(s) to determine substantial completion 1 inspection(s) to determine final completion The Architect shall notify the Client once these limits are reached, and any subsequent services shall be provided as Additional Services. 4 ADDITIONAL SERVICES 4.1 Any service not identified as a Basic Service constitutes an Additional Service for which additional compensation may be due and a schedule adjustment may be appropriate. The Architect shall notify the Client of the need for an Additional Service and obtain the Client’s written approval. Examples of Additional Services include services necessitated by changes in the initial information or project scope, revisions from prior approvals, or changes needed due to changes in codes, laws, or regulations. 4.2 If services have not been completed within 15 months of the date of execution through no fault of the Architect, services provided beyond that time shall be Additional Services. Page 76 of 81 1 GENERAL The consideration payable to the Architect for the Architect’s Basic Services is set forth below. The Architect’s compensation for Consultant Services, Additional Services and Reimbursable Expenses as well as the terms of payment for any services or expenses are as provided in the Terms and Conditions. 2 BASIC SERVICES COMPENSATION - REVISED Schematic Design/Design Development 29,800 Construction Documents 52,150 Bid/Negotiation 7,450 Construction Administration 59,600 Total $ 149,000 compensation Page 77 of 81 1 GENERAL The Architect has created an initial schedule for performance of the Architect’s Basic Services. The initial schedule may subsequently be refined or adjusted as the scope and other parameters are developed. Moreover, while time limits established by the schedule shall not generally be exceeded, the schedule may subsequently be extended as reasonably required due to the exercise of the Standard of Care, as a result of factors or conditions not the fault of the Architect, or other reasonable cause. Additional terms pertinent to the schedule and Architect’s performance thereunder are as provided in the Terms and Conditions. 2 SCHEDULE FOR BASIC SERVICES The following durations are anticipated for each phase. Architect understands there may be breaks between phases to allow for COCS reviews and approvals. Schematic Design / Design Documents 4 weeks Cost Estimate #1 3 weeks Construction Documents 6 weeks Cost Estimate #2 3 weeks Bid/Permit 8 weeks Construction Administration 7 months (to begin after COCS Facilities group moves out in Spring 2022) schedule Page 78 of 81 April 22, 2021 Item No. 5.6. Resolution to Oppose Senate Bill 10 Sponsor:Brian Piscacek, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution expressing opposition to the proposed Senate Bill 10 and similar legislation in the 87th Texas Legislature to restrict the ability of local governments to advocate for their communities. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend that Council approve the resolution. Summary: This item was requested at the April 8, 2021, City Council meeting to be brought back by staff for Council consideration. The 87th Texas Legislature is well underway and will adjourn May 31, 2021. One bill under consideration is Senate Bill 10 (SB 10), which was filed by Senator Paul Bettencourt on March 10, 2021. SB 10 proposes to prohibit a city or county from spending public funds to directly or indirectly influence or attempt to influence the outcome of any legislation pending before the legislature. As such, it would significantly impact the City's ability to advocate for our community while adding financial costs and operational complexities. SB 10 is just one of several pieces of legislation aimed at limiting local government influence in Austin. As of the publication of this agenda, SB 10 has been favorably voted out of the Senate and has moved to the House for their consideration. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Resolution-SB 10_4-22-21 Page 79 of 81 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, EXPRESSING OPPOSITION TO THE PROPOSED SENATE BILL 10 AND SIMILAR LEGISLATION IN THE 87TH TEXAS LEGISLATURE TO RESTRICT THE ABILITY OF LOCAL GOVERNMENTS TO ADVOCATE FOR THEIR COMMUNITIES WHEREAS, on December 10, 2020, the City Council of the City of College Station, Texas, passed Resolution No. 12-10-20-4.5 adopting the City’s 2021 Legislative Program; and WHEREAS, the 2021 Legislative Program provides that the City seeks to preserve home rule authority for College Station citizens and may oppose bills that allow for state preemption of municipal authority or erode College Station’s authority to govern locally; and WHEREAS, with the Texas Legislature’s increasing focus on local government, the City has benefitted greatly from its membership in the Texas Municipal League, as well as relying on modest, professional consulting services to navigate each legislative session; and WHEREAS, the proposed Senate Bill 10, along with similar legislation in the House, would prohibit a city or county from spending public funds to directly or indirectly influence or attempt to influence the outcome of any legislation pending before the legislature; and WHEREAS, this bill would deleteriously affect the City’s ability to advocate for our community while adding financial costs and operational complexities; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in this Resolution are declared true and correct. PART 2:That the City Council hereby opposes Senate Bill 10, Senate Bill 234, and House Bill 749, all of which propose to limit the authority for local communities to effectively lobby to the legislature for their interests. PART 3:That the City Council hereby agrees that these services enhance City leaders’ ability to better understand legislative developments, focus on the most essential issues impacting citizens and businesses, and communicate efficiently with elected representatives, House and Senate leadership, and other agencies. PART 4:That this Resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 20__. ATTEST:APPROVED: _______________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 80 of 81 April 22, 2021 Item No. 5.7. Consideration of a Return to In-Person Council Meetings and Adoption of Guidelines for In- Person and Virtual (Hybrid) Meetings Sponsor:Bryan Woods, City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a return to in-person City Council meetings and adoption of guidelines for in-person and virtual (hybrid) meetings. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend that Council discuss and provide direction as necessary. Summary: During the early days of the COVID-19 pandemic, Texas Governor Greg Abbott suspended various provisions of the Texas Open Meetings Act pursuant to his state disaster authority. As a result, governmental bodies such as city councils could provide a videoconferencing alternative to in-person meetings. Governor Abbott's disaster declaration remains in effect through today. The City Council has met via Zoom since the onset of the pandemic, beginning with a Special Meeting held on March 23, 2020. This item is to provide the City Council an opportunity to discuss a return to conducting in-person City Council meetings. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 81 of 81