HomeMy WebLinkAbout05/23/2013 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 2
Consent No. 2a - Minutes
Coversheet revised 5
Workshop 6
Regular 11
Consent No. 2b - Renewal of the Use Agreement with the Arts
Council of Brazos Valley
Coversheet revised 17
Consent No. 2c - Medical Waste Hauling Franchise with
MedStar Services, LLC
Coversheet revised 18
Consent No. 2d - Ordinance Adopting Atmos Energy
Corporation Rate Review Mechanism Tariff
Coversheet revised 19
Ordinance 20
Attachment A 23
Consent No. 2e - Annual Purchasing Agreements for
Dewatering Chemical (Polymer)
Coversheet revised 29
Bid Summary 30
Regular No. 1 - Public Hearing on Rezoning of Property located
at the Southeast corner of Barron Road and Victoria Avenue
Coversheet revised 31
Background 33
Photos 34
Ordinance 36
Regular No. 2 - Public Hearing on Northgate Loading Zones
Coversheet revised 39
Ordinance 40
Map 44
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May 23, 2013
City Council Consent Agenda Item No. 2a
City Council Minutes
To: Kathy Merrill, Interim City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for:
• May 9, 2013 Workshop
• May 9, 2013 Regular Council Meeting
Attachments:
• May 9, 2013 Workshop
• May 9, 2013 Regular Council Meeting
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WKSHP050913Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
MAY 9, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
John Nichols, arrived after roll call
Julie Schultz
James Benham, arrived after roll call
City Staff:
Kathy Merrill, Interim City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1.
Council Photo Session
This item was re-scheduled for June 13, 2013.
2.
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Berry at 4:03 p.m. on Thursday, May 9, 2013 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
3.
Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.074-Personnel, §551.086-Competitive Matters, and §551.087-Economic Development
Negotiations, the College Station City Council convened into Executive Session at 4:03 p.m. on
Thursday, May 9, 2013 in order to continue discussing matters pertaining to:
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A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
• Chavers et a1 v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case
No. 10 CV-3922.
• College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023.
• Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v.
Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172-
CV-272, in the 272ndDistrict Court of Brazos County, TX
• Tom Jagielski v. City of College Station, Cause No. 12-002918-CU-361, In the 361 st
• State v. Carol Arnold, Cause Number 11-02697-CRF-85, In the 85th District Court,
Brazos County, Texas
District Court of Brazos County, Texas
B. Consultation with Attorney to seek legal advice; to wit:
• Legal issues related to city funding for preferred facilities access agreement between T AMU
and CVB
C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Manager
D. Deliberation, vote or final action on a competitive matter as that term is defined in Gov’t
Code §552.133 in closed session; to wit:
• Power Supply
E. Deliberation on economic development negotiations regarding an offer of financial or other
incentives for a business prospect; to wit:
• Discuss economic development incentive negotiations with TAMUS
The Executive Session adjourned at 6:23 p.m.
4.
Take action, if any, on Executive Session.
No action was required from Executive Session.
5.
Presentation, possible action, and discussion on items listed on the consent agenda.
Items 2c, 2d, and 2g were pulled for discussion.
(2c): David Schmitz, Director of Parks and Recreation, reported the O&M is for one full-time
staff person and one part-timer through the weekends. Chuck Gilman, Director of Capital
Projects, provided a short presentation showing the agreed upon site plan.
(2d): Amy Atkins, Assistant Director of Parks and Recreation, clarified the trail surfaces will be
gravel and some wash-out areas will be concrete.
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(2g): David Brower, Planning and Development Services, clarified the bid process.
6.
Presentation, possible action, and discussion regarding the results of a Water Master
Plan Update for the Northgate area.
Dave Coleman, Director of Water Utilities, updated the Council on the Water Meter Plan Update
for Northgate. He noted the Northgate area serves as the City’s primary entertainment district. It
represents the City’s only current urban character area and is the subject of considerable
development planning. The previous Water Master Plan was last approved in July 2010. It
predicted modest growth in the area; however, the recent surge of dense development in
Northgate necessitated a closer look. The 2013 Northgate Area Water Master Plan Update
revised the map of expected density for the new paradigm. It asks the questions:
• How do the increased densities translate into additional water demands?
• Will additional water system improvements be needed to meet TCEQ requirements?
TAMU will serve water to the Campus Pointe area, and the City will serve water to ACC. They
have worked with Planning and Development Services to develop a revised ‘Proposed Dwelling
Unit Equivalents (PDUEs)’ for Northgate and derived projected peak-hour water demands.
Campus Pointe was not included in the assumptions.
TCEQ requires that system pressures do not drop below 35 psi at all points in a distribution
system during normal operating conditions and requires that a system must be designed to
maintain a minimum pressure of 20 psi under combined fire and average maximum day drinking
water flow conditions.
The Northgate study verified that the City’s water model was accurately matching up with the
City’s actual system. Conclusions from data collected in June 2012 indicate that the water
system is okay with developments underway/planned. More water supply to Northgate will be
required if the development pace continues. Staff recommends the construction of an 18”-24”
water line along 2818 and 60 to supply Northgate and the Bio-Corridor for an estimated cost of
$6.5 million.
The FY-14 Water Master Plan Update will look at possible alternatives such as adding a
dedicated pump station and a dedicated elevated storage and to interconnect with TAMU or City
of Bryan. The exact timing is difficult to predict, and they will work with Planning &
Development Services to track the growth trends and update projections in the Northgate
District. They are currently evaluating a customized “per person” water usage for the Northgate
District.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Benham, the City Council voted seven (7) for and none (0) opposed, to accept the report. The
motion carried unanimously.
7.
•
Council Calendar
May 10 Lunch to honor Bennie Luedke at MTF Assembly Room - CSU (1603
Graham Road), 12:00 p.m.
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•
•
May 13 Council Budget/Finance Committee Meeting in City Hall Administrative
Conference Room, 1 :30 p.m.
May 15 BVSWMA Board Meeting at 310 Krenek Tap Road - Municipal Court
Building - 2nd
•
Floor - Room 203, 11:00 a.m.
•
May 15 Hospitality Celebration 2013 "Hometown Heroes" at Christopher's, 11:30
a.m.
•
May 15 Annual Police Memorial Service at Veterans Park, 12:00 p.m.
•
May 15 RVP Board Meeting at RVP, 3:00 p.m.
•
May 16 P&Z Workshop/Meeting, Council Chambers, 6:00 p.m. (Karl Mooney,
Liaison)
•
May 20 IGC Meeting at BVCOG, 12:00 p.m.
•
May 23 Executive Session/Workshop/Regular Meeting at 4:30,6:00 & 7:00 p.m.
May 27 City Offices Closed - HOLIDAY
Council reviewed the Council calendar.
8.
Presentation, possible action, and discussion on future agenda items: a Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
There were no items requested.
9.
Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee,
Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments,
Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos
Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget
and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee,
Convention & Visitors Bureau, Design Review Board, Economic Development Committee,
Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue
Association, Intergovernmental Committee, Joint Relief Funding Review Committee,
Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Partnership,
Research Valley Technology Council, Regional Transportation Committee for Council of
Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas
Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of
Adjustments.
Mayor Berry reported on the MPO and the BVCOG.
Councilmember Benham reported on the Research Valley Technology Council and BVWACS.
Councilmember Mooney reported on the Compensation and Benefits Committee.
Councilmember Brick reported on the Bike and Pedestrian Committee.
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Councilmember Nichols stated he just returned from his trip to Washington, DC with the
Chamber of Commerce and will report more fully next meeting.
10.
Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 7:04 p.m. on Thursday, May 9, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
MAY 9, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kathy Merrill, Interim City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Berry at 7:14 p.m. on Thursday, May 9, 2013 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Pledge of Allegiance, Invocation, consider absence request
.
The Mayor and Council honored Frank Simpson, deceased City Manager, with a moment of
silence.
Presentation:
•
Presentation to the Bicycle, Pedestrian and Greenways Advisory Board proclaiming
May as National Bike Month.
Mayor Berry presented the proclamation to Blanche Brick, Chair, and committee members Greg
Stiles, Mary Halterman-Cox, Sherry Ellison, Philip Lasley, James Batenhorst, and Jean Gould.
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•
Presentation to St. Joseph Regional Health Center's Trauma Service proclaiming
May as Trauma Awareness Month.
Mayor Berry presented the proclamation to Adair deBerry-Carlisle, Trauma Medical Director,
and Sherry Jennings, Trauma Program Manager.
Citizen Comments
Linda Harvell, 504 Guernsey, HPC and 75th Committee Chair, updated the Council on the
upcoming College Station 75th
Anniversary. She lauded the Public Communications Department
for their assistance and noted the decal on the College Station fire trucks. She stated that
donations are coming in. There will be a Homecoming on November 15. The George Bush
Library is donating 3,000 square feet of exhibit space from October 21 – January 4. The
birthday celebration is November 16, 2013 with the Grand Opening of the exhibit with free
admission that weekend, and she hopes to see everyone there.
CONSENT AGENDA
2a.
•
Presentation, possible action, and discussion of minutes for:
•
April 25, 2013 Workshop
•
April 25, 2013 Regular Council Meeting
May 2,2013 Special Meeting
2b.
Presentation, possible action, and discussion regarding approval of Resolution 05-09-
13-2b, amending Resolution 02-14-13-2e that will authorize City staff to negotiate for the
purchase of easements needed for the Bee Creek Parallel Trunk Line Project.
2c.
Presentation, possible action, and discussion regarding Resolution 05-09-13-2c,
awarding a professional services contract (13-238) with Ray + Hollington Architects, Inc. in
the amount of $281,500 for the development of the Lick Creek Park Nature Center, and
approval of a resolution declaring intention to reimburse certain expenditures with
proceeds from debt.
2d.
Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and D&S Contracting Inc., in the amount of $153,904 for the
purposes of improvements to Iron Bridge Trail and Raccoon Run Trail in Lick Creek
Park.
2e.
Presentation, possible action and discussion on the first of two readings of a non-
exclusive franchise agreement with MedStar Services, LLC for the purposes of collecting
and disposing treated and untreated medical waste from various healthcare related
facilities.
2f. Presentation, possible action, and discussion regarding approval of the Brazos Valley
Wide Area Communications System (BVWACS) Operating Budget for FY 14 and
authorizing the City's quarterly payments of approximately $52,683 for an annual total of
$210,732; and approval of the BVWACS Capital Budget for FY 14 and payment of the
City's share in the amount of $73,460.53.
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2g.
Presentation, possible action, and discussion regarding approval of a real estate
contract between the City of College Station and Dorothy Ross in the amount of $119,900
for the sale of 1022 Crested Point with assistance provided through the HOME
Reconstruction Loan Program and for the authorization of the City Manager to sign a
temporary residential lease with Dorothy Ross for 1022 Crested Point.
2h.
Presentation, possible action and discussion on Resolution 05-09-13-2h, amending the
authorized representatives on the local government pool account, TexPool.
2i.
Presentation, possible action and discussion on Resolution 05-09-13-2i, amending the
authorized representatives on the local government pool account, Texas Short Term Asset
Reserve ("TexSTAR").
2j.
Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and Grid Utility, LLC., in the amount of $1,259,929.12 for
Annual Electric System Construction & Maintenance Labor as needed.
Items 2c and 2g were pulled for a separate vote.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less items 2c and 2g. The motion carried unanimously.
(2c)MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Nichols, the City Council voted four (4) for and three (3) opposed, with Mayor Berry and
Councilmembers Benham and Fields voting against, to adopt Resolution 05-09-13-2c, awarding
a professional services contract (13-238) with Ray + Hollington Architects, Inc. in the amount of
$281,500 for the development of the Lick Creek Park Nature Center, and approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt. The
motion carried. [During discussion of this item, at least two Councilmembers that voted for the
item to fund the design of the Nature Center supported the design of a building that could be
open or closed as weather permitted.]
(2g)MOTION: Upon a motion made by Councilmember Schultz and a second by
Councilmember Mooney, the City Council voted six (6) for and one (1) opposed, with
Councilmember Fields voting against, to approve a real estate contract between the City of
College Station and Dorothy Ross in the amount of $119,900 for the sale of 1022 Crested Point
with assistance provided through the HOME Reconstruction Loan Program and for the
authorization of the City Manager to sign a temporary residential lease with Dorothy Ross for
1022 Crested Point. The motion carried.
REGULAR AGENDA
1. Presentation, possible action, and discussion regarding dedication of the Training Room
in the College Station Utilities Meeting and Training Facility to Mr. Bennie Luedke and all
long-serving City of College Station employees for their years of service, dedication and
hard work.
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MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Nichols, the
City Council voted seven (7) for and none (0) opposed, to dedicate the Training Room in the
College Station Utilities Meeting and Training Facility to Mr. Bennie Luedke and all long-
serving City of College Station employees for their years of service, dedication and hard work.
The motion carried unanimously.
2.
Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013-
3496, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official
Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning
approximately 14.2 acres for the property located at 2381 Earl Rudder Freeway South,
generally located north of Raintree Drive and south of Horse Haven Estates, from PDD
Planned Development District to approximately 7 acres NAP Natural Areas Preserve and
approximately 7 acres SC Suburban Commercial.
Carla Robinson, City Attorney, reported that a protest has been filed pursuant to LGC 211.006.
In order for the protest to apply, the petition has to be signed by 20% of the property owners
within 200’ of the subject re-zoning. If that is met, an affirmative vote of three fourths of the
governing body is required. However, Planning and Development staff reviewed the protest
petition, and there were not enough signatures. A three fourths vote is not required. Staff will
be happy to meet with the petition signers after the Council’s vote to explain how the calculation
is made.
At approximately 7:59 p.m., Mayor Berry opened the Public Hearing.
Laurie Sorell, 7704 Sherman Court, said she has lived in Raintree for over 35 years. Her lots are
unique due to the vegetation and trees. She is concerned about traffic, the assault to the senses
(smells from restaurants), lights, and noise. This is not in the best interest of the community.
Restaurants are 24/7 operations with deliveries at 2:00 a.m. She is concerned for the animals and
ecological impact.
Mark BuxKemper, 7708 Sherman Court, stated that he is outside of the notification district, but
asked why this property is being re-zoned again. Why aren’t we adhering to the zoning
requirement? He bought his home in relation to how the surrounding property was zoned. He
asked Council to keep the property as PDD and build accordingly.
Simaan Shini, 7715 Appomattox Drive, said he is not against development and progress. The
issue is changing the zoning to circumvent a restriction related to restaurants. These changes
will allow restaurants. The worst case scenario is being covered up with restaurants. He asked
Council to not negatively impact the neighborhood.
Boyd Sorell, 7704 Sherman Court, reminded Council that restrictions were put in place to
prevent restaurants in 2009. Now they are requesting a re-zoning to get around that restriction.
No one on the Council wants a restaurant 30’ from their property line. With this new zoning,
they can build just about anything they want there. He is against restaurants coming in. The
traffic survey they provided is from 2009. Traffic going across the bridge on Southwest Parkway
is horrendous now. The land around the proposed fourteen acres is still zoned PDD, and he
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asked Council to keep it as it is. Suburban Commercial allows restaurants up to 8,000 square
feet. This is a go around to what was agreed to years ago.
Bill Lero, 4421 Nottingham, Bryan, representing the property owner, stated there are no plans for
this property at this time. They have requested the re-zoning to make the property more
marketable. Suburban Commercial will hopefully make the property more marketable.
Henry Wittner, 2508 Raintree, said he knows of a person that wanted to purchase this property,
but they wanted $1 million; the appraisal is much less, so the land can be sold with those
restrictions. The neighborhood is made up of heroes: fire, police, and teachers. These are the
people that live in Raintree. They have widows and single moms. 7,000 vehicles come through
there now. Raintree is now open all the way back to Emerald Forest and traffic is expected to
more than double. He noted that the Council’s neighborhoods have benefited from Council
action on development. He asked Council to listen to the people in Raintree and do the same
thing for them.
Johnny Tilten, 7705 Sherman Court, said the problem is the development that is occurring here is
affecting the homeowners along that property line. He agrees with the homeowners that have
spoken so far.
Jerome Rektorik, Planning and Zoning, said the Commission was sympathetic with their
concerns about restaurants. They feel the restrictions with Suburban Commercial will help
satisfy some of the concerns. The majority of the Commission believed that as long as the
property owner follows the comprehensive plan and the UDO, then it is okay to develop as they
see fit.
Adrien Vogel, 2218 Raintree, said he is concerned with the positioning of the new designation
and marketing it as commercial. This development is on a major arterial. This zoning
designation is supposed to serve the local area, but it will be pulling people off the road to Waco.
The Suburban Commercial intent does not mesh in this case. By saying they want to remove the
restrictions against restaurants, says that they want to build a restaurant.
There being no further comments, the Public Hearing was closed at 8:30 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Benham, the City Council voted six (6) for and one (1) opposed, with Councilmember Mooney
voting against, to adopt Ordinance 2013-3496, amending Chapter 12, "Unified Development
Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College
Station, Texas by rezoning approximately 14.2 acres for the property located at 2381 Earl
Rudder Freeway South, generally located north of Raintree Drive and south of Horse Haven
Estates, from PDD Planned Development District to approximately 7 acres NAP Natural Areas
Preserve and approximately 7 acres SC Suburban Commercial, subject to staff conditions . The
motion carried.
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3.
Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 9:10 p.m. on Thursday, May 9, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
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May 23, 2013
Consent Agenda Item No. 2b
Renewal of the Use Agreement with the Arts Council of Brazos Valley
To: Kathy Merill, Interim City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion regarding the renewal of the Building Use
Agreement between the City of College Station and the Arts Council of Brazos located at 2275
Dartmouth Drive.
Recommendation(s): Staff recommends approval of the renewal of the building use agreement through
March 6, 2016 and authorization of the Interim City Manager to execute the renewal agreement.
Summary: On February 24, 2011 the City Council approved the purchase of the building occupied by the
Arts Council of Brazos Valley located at 2275 Dartmouth Drive. The City Council also approved the use
agreement with an initial term of three (3) years on February 24, 2011. Pursuant to the Use Agreement
between City of College Station and Arts Council of Brazos Valley (Contract No. 11-174) the City has the
option to renew for an additional two year term - March 7, 2014 through March 6, 2016.
The Arts Council would like to exercise this option. This request was reviewed by the Arts Council
Subcommittee members Berry and Schultz with representatives of the Arts Council of Brazos Valley.
Legal Review: Yes
Attachments:
1. Use Agreement Renewal (available in the City Secretary’s Office prior to City Council Meeting)
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May 23, 2013
Consent Agenda Item No. 2c
Medical Waste Hauling Franchise
with MedStar Services, LLC
To: Kathy Merrill, Interim City Manager
From: Jason Stuebe, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the second of two
readings of a non-exclusive franchise agreement with MedStar Services, LLC for the purpose
of collecting and disposing treated and untreated medical waste from various healthcare
related facilities.
Recommendation(s): Staff recommends approval.
Summary: Article XI, Section 103 of the City Charter states that “The City of College
Station shall have the power…by ordinance to confer upon any person or corporation, the
franchise or right to use the property of the city…for the purpose of furnishing to the public
any general public service…” The first reading of the ordinance was approved by consent on
May 9th
, 2013.
This proposed non-exclusive five (5) year franchise agreement allows for the collection,
hauling, and disposal of treated and untreated medical waste from various healthcare
related facilities within the city limits. The disposal of medical waste, a State mandated
service, was privatized in 2005 because untreated medical waste cannot be depositing in
any BVSWMA landfill. Staff maintains that continuing this practice is the most cost-effective
way to offer this service to our community.
This is the first Franchise sought by MedStar Services, LLC for this service. Once approved,
it will be the third active non-exclusive franchise granted to provide Medical Waste disposal
services.
Budget & Financial Summary: The franchisee agrees and shall pay to the City eight
percent (8%) of the franchisee’s monthly gross delivery and hauling revenues generated
from the collection services provided for in the Franchise Agreement.
Legal Review: Yes
Attachments:
1. Franchise Ordinance is on file with the City Secretary
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May 23, 2013
Consent Agenda Item No. 2d
Ordinance Adopting Atmos Energy Corporation
Rate Review Mechanism Tariff
To: Kathy Merrill, Interim City Manager
From: Jason Stuebe, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on an ordinance adopting a
new Rate Review Mechanism Tariff with Atmos Energy Coproration, Mid-Tex Division.
Recommendation(s): Staff recommends approval.
Summary: The city, along with 154 other communities served by Atmos Mid-Tex Division
(Atmos), is a member of the Atmos Cities Steering Committee (ACSC). In 2007, ACSC and
Atmos agreed to implement an annual rate review mechanism (RRM), as a temporary
replacement for the statutory mechanism known as GRIP. This first RRM tariff expired in
2011, and although ACSC and Atmos met many times to attempt to reach an agreement on
a renewed or replacement tariff, they were unable to do so. Atmos Mid-Tex filed a rate case
in 2012 with the resulting rates approved by the Railroad Commission in December after a
lengthy and litigious process.
Since then, ACSC and Atmos have renewed discussions to develop revisions to the RRM
tariff, and have reached a tentative agreement on the form of the RRM tariff to be in effect
for a four-year period between 2013-2017. If the RRM process is to continue to function as
a substitute from the GRIP process, cities that exercise original jurisdiction must adopt a
tariff that authorizes the process. The ACSC Executive Committee and ACSC legal counsel
recommend approval of the new RRM tariff by all ACSC cities.
The purpose of the ordinance is to approve the RRM tariff that reflects the negotiated RRM
process. It is the opinion of the ACSC that the RRM process is a better deal for customers
than the GRIP process. The new tariff accomplishes sever primary goals as it limits will be
placed on the percentage of rate increases to be included on monthly customer charges;
provides a discount as an incentive for permitting the company annual rate relief; and the
city will be able to review the company’s annual expenses and capital investments and
make adjustments or disallowances for any such expenses or investments that are
considered to be unreasonable or unnecessary. Should the city elect not to adopt the RRM
tariff, Atmos has indicated that that it would reinstitute its annual filings under the GRIP
process that does not offer the above mentioned protections for the customers. Once the
tariff is approved, Atmos expects to file its annual rates with the ACSC and the cities
utilizing the new process by July.
Budget & Financial Summary: N/A
Legal Review: Yes
Attachments:
1. Ordinance
2. Attachment “A” – RRM Tariff
19
20
21
22
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 1 OF 6
I. Applicability
Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in
the Mid-Tex Division of Atmos Energy Corporation (“Company”) except such customers
within the City of Dallas. This Rate Review Mechanism (“RRM”) provides for an annual
adjustment to the Company’s Rate Schedules R, C, I and T (“Applicable Rate
Schedules”). Rate calculations and adjustments required by this tariff shall be
determined on a System-W ide cost basis.
II. Definitions
“Test Period” is defined as the twelve months ending December 31 of each preceding
calendar year.
The “Effective Date” is the date that adjustments required by this tariff are applied to
customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is
October 15, 2013.
Unless otherwise noted in this tariff, the term “Final Order” refers the final order issued
by the Railroad Commission of Texas in GUD 10170.
The term “System-W ide” means all incorporated and unincorporated areas served by
the Company.
“Review Period” is defined as the period from the Filing Date until the Effective Date.
The “Filing Date” is as early as practicable but no later than March 1 of each year with
the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual
Effective Date is June 1, 2017.
III. Calculation
The RRM shall calculate an annual, System-W ide cost of service (“COS”) that will be
used to adjust applicable rate schedules prospectively as of the Effective Date. The
annual cost of service will be calculated according to the following formula:
COS = OM + DEP + RI + TAX + CD - ADJ
Where:
OM = all reasonable and necessary operation and maintenance expenses from the
23
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 2 OF 6
Test Period adjusted for known and measurable items and prepared
consistent with the rate making treatments approved in the Final Order.
Known and measurable adjustments shall be limited to those changes that
have occurred prior to the Filing Date. OM may be adjusted for atypical and
non-recurring items. Shared Services allocation factors shall be recalculated
each year based on the latest component factors used during the Test
Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final
Order.
RI = return on investment calculated as the Company's pretax return multiplied by
rate base at Test Period end. Rate base is prepared consistent with the rate
making treatments approved in the Final Order, except that no post Test
Period adjustments will be permitted. Pretax return is the Company's
weighted average cost of capital before income taxes. The Company's
weighted average cost of capital is calculated using the methodology from the
Final Order including the Company's actual capital structure and long term
cost of debt as of the Test Period end (adjusted for any known and
measurable changes) and the return on equity from the Final Order.
However, in no event will the percentage of equity exceed 55%. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will
be maintained. Cash working capital will be calculated using the lead/lag
days approved in the Final Order. With respect to pension and other
postemployment benefits, the Company will record a regulatory asset or
liability for these costs until the amounts are included in the next annual rate
adjustment implemented under this tariff. Each year, the Company’s filing
under this Rider RRM will clearly state the level of pension and other
postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for
known and measurable changes occurring after the Test Period and before
the Filing Date, and prepared consistent with the rate making treatments
approved in the Final Order.
CD = interest on customer deposits.
ADJ = Downward adjustment to the overall, System-W ide test year cost of service in
the amount of $3,000,000.00, adjusted by a percentage equal to the total
percentage increase in base-rate revenue sought pursuant to this tariff.
24
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 3 OF 6
IV. Annual Rate Adjustment
The Company shall provide schedules and work papers supporting the Filing’s revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order.
The result shall be reflected in the proposed new rates to be established for the
effective period. The Revenue Requirement will be apportioned to customer classes in
the same manner that Company’s Revenue Requirement was apportioned in the Final
Order. For the Residential Class, 40% of the increase may be recovered in the
customer charge. The increase to the Residential customer charge shall not exceed
$0.50 per month in any given year. The remainder of the Residential Class increase not
collected in the customer charge will be recovered in the usage charge. The Company
will forgo any change in the Residential customer charge with the first proposed rate
adjustment pursuant to this tariff. For all other classes, the change in rates will be
apportioned between the customer charge and the usage charge, consistent with the
Final Order. Test Period billing determinants shall be adjusted and normalized
according to the methodology utilized in the Final Order.
V. Filing
The Company shall file schedules annually with the regulatory authority having original
jurisdiction over the Company's rates on or before the Filing Date that support the
proposed rate adjustments. The schedules shall be in the same general format as the
cost of service model and relied-upon files upon which the Final Order was based. A
proof of rates and a copy of current and proposed tariffs shall also be included with the
filing. The filing shall be made in electronic form where practical. The Company’s filing
shall conform to Minimum Filing Requirements (to be agreed upon by the parties),
which will contain a minimum amount of information that will assist the regulatory
authority in its review and analysis of the filing. The Company and regulatory authority
will endeavor to hold a technical conference regarding the filing within ten (10) calendar
days after the Filing Date.
The 2013 Filing Date will be July 15, 2013.
A sworn statement shall be filed by an Officer of the Company affirming that the filed
schedules are in compliance with the provisions of this Rate Review Mechanism and
are true and correct to the best of his/her knowledge, information , and belief. No
testimony shall be filed, but a brief narrative explanation shall be provided of any
changes to corporate structure, accounting methodol ogies, allocation of common costs,
or atypical or non- recurring items included in the filing.
VI. Evaluation Procedures
25
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 4 OF 6
The regulatory authority having original jurisdiction over the Company's rates shall
review and render a decision on the Company's proposed rate adjustment prior to the
Effective Date. The Company shall provide all supplemental information requested to
ensure an opportunity for adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental
information and such information shall be provided within seven (7) working days of the
original request. The regulatory authority may propose any adjustments it determines to
be required to bring the proposed rate adjustment into compliance with the provisions of
this tariff.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authority of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment
was prudently incurred. Such finding of prudence shall not be subject to further review
in a subsequent RRM or Statement of Intent filing.
During the Review Period, the Company and the regulatory authority will work
collaboratively and seek agreement on the level of rate adjustments. If, at the end of the
Review Period, the Company and the regulatory authority have not reached agreement,
the regulatory authority shall take action to modify or deny the proposed rate
adjustments. The Company shall have the right to appeal the regulatory authority's
action to the Railroad Commission of Texas. Upon the filing of an appeal of the
regulatory authority's order relating to an annual RRM filing with the Railroad
Commission of Texas, the regulatory authority having original jurisdiction over the
Company's rates shall not oppose the implementation of the Company's proposed rates
subject to refund, nor will the regulatory authority advocate for the imposition of a third
party surety bond by the Company. Any refund shall be limited to and determined based
on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in
the appeal filed by the Company at the Railroad Commission of Texas.
In the event that the regulatory authority and Company agree to a rate adjustment(s)
that is different from the adjustment(s) requested in the Company’s filing, the Company
shall file compliance tariffs consistent with the agreement. No action on the part of the
regulatory authority shall be required to allow the rate adjustment(s) to become effective
on June 1. To the extent that the regulatory authority does not take action on the
Company's RRM filing by May 31, the rates proposed in the Company's filing shall be
deemed approved effective June 1. (2013 filing RRM rate will be effective October 15,
2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory
authority may choose to take affirmative action to approve a rate adjustment under this
tariff. In those instances where such approval cannot reasonably occur by May 31, the
rates finally approved by the regulatory authority shall be deemed effective as of June 1.
26
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 5 OF 6
To defray the cost, if any, of regulatory authorities conducting a review of the
Company's annual RRM filing, the Company shall reimburse the regulatory authorities
on a monthly basis for their reasonable expenses incurred upon submission of invoices
for such review. Any reimbursement contemplated hereunder shall be deemed a
reasonable and necessary operating expense of the Company in the year in which the
reimbursement is made. A regulatory authority seeking reimbursement under this
provision shall submit its request for reimbursement to the Company no later than
August 1 of the year in which the RRM filing is made and the Company shall reimburse
regulatory authorities in accordance with this provision on or before August 30 of the
year the RRM filing is made.
To the extent possible, the provisions of the Final Order shall be applied by the
regulatory authority in determining whether to approve or disapprove of Company’s
proposed rate adjustment.
This Rider RRM does not limit the legal rights and duties of a regulatory authority.
Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate
proceeding at any time to review whether rates charged are just and reasonable.
Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code,
Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider
RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities
Code, Chapters 101-105).
The annual rate adjustment process set forth in this tariff shall remain in effect during
the pendency of any Statement of Intent rate filing.
VII. Reconsideration, Appeal and Unresolved Items
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject
to appeal under Sections 102.001(b) and 103.021, e t seq., of the Texas Utilities Code
(Vernon 2007).
VIII. Notice
Notice of each annual RRM filing shall be provided by including the notice, in
conspicuous form, in the bill of each directly affected customer no later than forty -five
(45) days after the Company makes its annual filing pursuant to this tariff. The notice to
customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
27
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 6 OF 6
b) the effect the proposed revision of rates is expected to have on the rates
applicable to each customer class and on an average bill for each affected
customer;
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company’s address, telephone number and website where information
concerning the proposed rate adjustment be obtained.
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May 23, 2013
Consent Agenda Item No. 2e
Annual Purchasing Agreements for Dewatering Chemical (Polymer)
To: Kathy Merrill, Interim City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding the award of two
annual purchasing agreements for dewatering chemical (polymer) with Fort Bend Services,
Inc. not to exceed $130,800, and with Atlantic Coast Polymer, Inc. not to exceed $7,400.
Relationship to Strategic Goals: Core services and infrastructure
Recommendation: Staff recommends award of these annual purchasing agreements.
Summary: Polymer is a water treatment chemical that aids in the separation of solids from
wastewater. It concentrates the solids in wastewater sludge for efficient treatment,
allowing the removal of excess water for treatment and disposal. Three separate processes
use polymer for solids removal:
Carters Creek WWTP thickening process
Carters Creek WWTP centrifuge process
Lick Creek WWTP centrifuge process.
Invitation to bid #13-062 yielded bids from three vendors. Performance trials were
conducted with products from all three companies. The products that were most cost
effective in these trials result in the following projected annual costs:
Fort Bend Services, Inc. projected annual cost for the Carters Creek WWTP
thickening process was $21,600.00.
Fort Bend Services, Inc. projected annual cost for the Carters Creek WWTP
centrifuge process was $109,200.00.
Atlantic Coast Polymer’s projected annual cost for the Lick Creek WWTP centrifuge
process was $7,400.00.
Since these two vendors represent the best value for the wastewater treatment process,
staff recommends they be awarded annual purchase agreements.
Budget & Financial Summary: Wastewater Operating funds are budgeted and available
for the anticipated amount of polymer usage.
Reviewed and Approved by Legal: Not required.
Attachment:
Bid Summary
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Bidder Product Average Cost per Dry Ton Polymer Cost
Per Pound
Estimated Pounds
Annual Polymer Usage
Projected Total
Polymer Cost
Atlantic Coast Polymer, Inc.ACP-301 $59.00
Atlantic Coast Polymer, Inc.ACP-300 $60.01
BASF Corporation Zetag 7553 $74.43
Fort Bend Services, Inc.FBS C9046 $63.26
Fort Bend Services, Inc.FBS 480C $48.37 $1.82 60,000 $109,200.00
Bidder Product Avg. Total Cost per Dry Ton
Atlantic Coast Polymer, Inc.ACP-917 $22.11
Atlantic Coast Polymer, Inc.ACP-918 $22.47
Fort Bend Services, Inc.FBS C1286 $12.68 $1.35 16,000 $21,600.00
BASF Corporation did not submit polymer samples in testable quantities.
Bidder Product Total Cost per Dry Ton
Atlantic Coast Polymer, Inc.ACP-301 $12.55 $1.85 4,000 $7,400.00
Atlantic Coast Polymer, Inc.ACP-304 $19.58
BASF Corporation Zetag 7553 $33.41
Fort Bend Services, Inc.FBS C9046 $32.74
Fort Bend Services, Inc.FBS 480C $24.55
Total $138,200.00
2013 Polymer Cost Summary
Highlighted costs are lowest total chemical cost per dry ton for each
process, and recommended for purchase.
Lick Creek Centrifuge
The tests were run on two rotary drum thickeners simultaniously. The costs give are the average of the costs from the two thickeners.
Carters Creek Rotary Drum Thickeners
Carters Creek Centrifuge
The tests were run on sludge fed from the Digested Sludge Holding Tank and the Gravity Thickener. The costs given are the average of the costs
from the two sludge sources.
PDF created with pdfFactory Pro trial version www.pdffactory.com 30
May 23, 2013
Regular Agenda Item No. 1
Rezoning of Property located at the Southeast corner of Barron Road and Victoria
Avenue
To: Kathy Merrill, Interim City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding an
amendment to Chapter 12, “Unified Development Ordinance, Section 4.2, “Official Zoning
Map” of the Code of Ordinances of the City of College Station, Texas by rezoning
approximately 3.7 acres, generally located at the intersection of Barron Road and Victoria
Avenue, from A-O Agricultural Open to SC Suburban Commercial.
Relationship to Strategic Goals: Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item at their
May 16, 2013 meeting and voted 6-0 to recommend approval of the rezoning request. Staff
also recommended approval of the request.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The subject property is designated as
Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map.
The proposed rezoning is consistent with this designation.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The proposed rezoning will allow for
the development permitted in SC Suburban Commercial which is intended to generate
lower traffic counts and be more compatible with the adjacent single-family uses than
other commercial zoning districts.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
proposed rezoning is appropriate for this area due to its location on Barron Road and
Victoria Avenue, as well as its proximity to single-family land uses and College Station
High School. This zoning will allow for neighborhood-scale uses to serve the area.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
proposed rezoning is appropriate for this area due to its location on the corner of Barron
Road and Victoria Avenue and its proximity to single-family land uses.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The proposed rezoning to no longer be A-O Agricultural Open is applicable due to
development in the area.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There are existing 18-inch
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and 12-inch water mains available to serve this property. There is also an existing 8-
inch sanitary sewer main available to provide service to the property. The site generally
drains to the east within the Spring Creek Drainage Basin. Drainage and other site
infrastructure required with site development shall be designed and constructed in
accordance with the BCS Unified Design Guidelines. Access to the site will be available
via Victoria Avenue and Barron Road. Existing infrastructure appears to be adequate for
the proposed use.
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Draft Planning & Zoning Commission Minutes – May 16, 2013
4. Ordinance
32
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: May 16, 2013
Advertised Council Hearing Dates: May 23, 2013
The following neighborhood organizations that are registered with the City of College
Station’s Neighborhood Services have received a courtesy letter of notification of this public
hearing:
Westfield Village HOA
Reatta Meadows HOA
Property owner notices mailed: 43
Contacts in support: N/A
Contacts in opposition: N/A
Inquiry contacts: One at the time of this report.
ADJACENT LAND USES
Direction Comprehensive
Plan Zoning Land Use
North (across
Barron Road) General Suburban Planned Development
District
Westfield Village
Subdivision
South General Suburban R-1 Single-Family
Residential
Reatta Meadows
Subdivision
East Suburban
Commercial
R-1 Single-Family
Residential
Reatta Meadows
Subdivision
West (across
Victoria Avenue) Institutional/Public A-O Agricultural Open College Station High
School
DEVELOPMENT HISTORY
Annexation: June 1995
Zoning: A-O Agricultural Open upon annexation
Final Plat: This property is currently unplatted.
Site development: Vacant
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May 23, 2013
Regular Agenda Item No. 2
Northgate Loading Zones
To: Kathy Merrill, Interim City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion on an
ordinance establishing additional commercial loading zones in the Northgate District.
Relationship to Strategic Goals: Core Services and Infrastructure, and Multi-Modal
Transportation.
Recommendation(s): Staff recommends approval.
Summary: With the involvement of the Northgate District Association and other key
stakeholders, staff has identified several places to provide additional loading zones in the
Northgate area. This ordinance codifies the location and times for said loading zones.
Specifically, the ordinance establishes a new loading zone (available 24/7) on the north side
of Patricia Street near its intersection with Boyett Street. The ordinance also make two
additional areas - one on Boyett Street and one on First Street - available for loading zones
during specified times each day (7:00 am until 11:00 am and 2:00 pm until 5:00 pm).
While deliveries in Northgate will continue to be a challenge owing to the density and urban
nature of the area, staff continues to seek additional opportunities to address the loading
zone issue. For example, we are currently pursuing the acquisition of property along the
north side of University Drive (between Lodge and College Main) for use as a loading zone.
Once the acquisition process is complete, staff will prepare an ordinance establishing a
loading zone in this location as well.
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Ordinance
2. Map
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42
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