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HomeMy WebLinkAbout06/26/2014 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, June 26, 2014 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: ·June 12, 2014 Workshop ·June 12, 2014 Regular Council Meeting 14-5452a. WKSHP061214 DRAFT Minutes.pdf RM061214 DRAFT Minutes.pdf Attachments: Presentation, possible action, and discussion regarding award of a contract in the amount of $192,832 to Avinext Inc., to upgrade cameras and other components of the video surveillance security system at various Water Department facilities. 14-4942b. Contract 14-332.pdfAttachments: Page 1 College Station, TX Printed on 6/20/2014 June 26, 2014City Council Regular Meeting Agenda Presentation, possible action, and discussion regarding a change order to the Northgate Parking Garage equipment maintenance agreement with NextGen Parking, formerly ProTech Access, in the amount of $16,593.00. 14-5202c. Attachment 1 - Change Order #1 - 12-036.pdfAttachments: Presentation, possible action, and discussion regarding the renewal of annual price agreement 11-031 to Brazos Paving, Inc. for the purchase of Cement Stabilized Sand for an amount not to exceed $147,960.00. 14-5212d. BPI Annual Renewal #3.pdfAttachments: Presentation possible action and discussion regarding a semi-annual price agreement with Knife River for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets in the amount not to exceed $960,000.00.($64.00 per ton) 14-5222e. Renewal Acceptance 7 10 14 to 1 9 15.pdfAttachments: Presentation, possible action and discussion on a renewal for the annual purchase of installed Type II, FGSMA Hot Mix Asphalt for an amount not to exceed $526,000.00. 14-5232f. Renewal 13-323 2014.pdfAttachments: Presentation, possible action and discussion of an ordinance amending Chapter 10 Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime” of the Code of Ordinances, to remove parking along sections of Caudill Street and Lawyer Street to provide emergency vehicle access along these streets. 14-5252g. Map.pdf ordinance standard.pdf Attachments: Presentation, possible action and discussion regarding the approval of a professional services contract (No. 14-157) with Goodwin-Lasiter-Strong, in the amount of $101,348.12, for the design of sidewalk improvements along Langford Street and Guadalupe Drive. 14-5262h. Location Map.pdfAttachments: Page 2 College Station, TX Printed on 6/20/2014 June 26, 2014City Council Regular Meeting Agenda Presentation, possible action, and discussion on a Professional Services Contract with Jones and Carter in the amount of $81,000.00 for the professional engineering services related to the Luther Street Conceptual Design, in final form as approved by the City Attorney. (Contract #14-322) 14-5272i. Luther St. Rehab location Map.pdfAttachments: Presentation, possible action, and discussion regarding ratification of expenses for: temporary employment services for FY13 with Express Services for $68,164.26, temporary employment services for FY14 to-date with Express Services for $37,256.50, and temporary employment services for FY14 to-date with Spherion Staffing for $19.808.75; and approval of FY14 anticipated expenditures with Express Services for $15,000.00 and Spherion Staffing for $15,000.00. 14-5282j. Presentation, possible action, and discussion regarding approval of a contingency transfer in the amount of $47,000 for the outfitting and renovation of Police Department office space in Northgate. 14-5362k. 140611130723_0001.pdfAttachments: Presentation, possible action, and discussion regarding the 2nd of two renewal options of an annual blanket purchase order 12-067 with Boundtree Medical L.L.C. for $80,000.00 for EMS supplies. 14-5372l. Renewal 2014 - Bound Tree.pdfAttachments: Presentation, possible action, and discussion regarding the 2nd reading of an ordinance amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. 14-5472m. Regular Agenda Page 3 College Station, TX Printed on 6/20/2014 June 26, 2014City Council Regular Meeting Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. Presentation, possible action, and discussion regarding an economic development agreement between the City of College Station and Kalon Biotherapeutics. 14-4291. Public Hearing, presentation, possible action, and discussion regarding five (5) ordinances vacating and abandoning eleven (11) public utility easement on Lots 1 thru 4, Block 1 of the Chimney Hill Retail Plaza Subdivision according to the plat recorded in Volume 807, Page 543 of the Deed Records of Brazos County, Texas, located at 701 and 715 University Drive East. 14-5292. Page 4 College Station, TX Printed on 6/20/2014 June 26, 2014City Council Regular Meeting Agenda Vicinity Map.pdf Location Map and Key.pdf CH PUE Abandonment Ord1.doc Ordinance 1-Exh A.pdf Ordinance 1-Exh B.pdf CH PUE Abandonment Ord2.doc Ordinance 2-Exh A.pdf Ordinance 2-Exh B.pdf CH PUE Abandonment Ord3.doc Ordinance 3-Exh A.pdf Ordinance 3-Exh B.pdf CH PUE Abandonment Ord4.doc Ordinance 4-Exh A.pdf Ordinance 4-Exh B.pdf CH PUE Abandonment Ord5.doc Ordinance 5-Exh A.pdf Ordinance 5-Exh B.pdf Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station. 14-5413. Exhibit A.docx Rental Registration Ordinance.docx Attachments: Presentation, possible action and discussion regarding appointments to the following boards and commissions: ·Planning and Zoning Commission 14-5324. 5. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. Page 5 College Station, TX Printed on 6/20/2014 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-545 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:6/13/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion of minutes for: ··June 12, 2014 Workshop ··June 12, 2014 Regular Council Meeting Sponsors: Indexes: Code sections: Attachments:WKSHP061214 DRAFT Minutes.pdf RM061214 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ··June 12, 2014 Workshop ··June 12, 2014 Regular Council Meeting Relationship to Strategic Goals: ··Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: College Station, TX Printed on 6/20/2014Page 1 of 1 powered by Legistar™ WKSHP061214Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION JUNE 12, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, arrived after roll call City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:00 p.m. on Thursday, June 12, 2014 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, §551.072-Real Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on Thursday, June 12, 2014 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023. WKSHP061214Minutes Page 2  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 272nd District Court of Brazos County, TX  Cause No. 13-002978-CV-361, Deluxe Burger Bar of College Station, Inc. D/B/A Café Eccell v. Asset Plus Realty Corporation, City of College Station, Texas and the Research Valley Partnership, Inc., In the 361st Judicial District Court, Brazos County, Texas  Bobby Trant, Individually and as Executor of the Estate of Harold B. Trant, Deceased, and of the Estate of Rosealice Trant, Deceased, Patsy Trant Langford and Robin Trant Johnson v. Brazos Valley Solid Waste Management Agency, Inc. d/b/a BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes County, Texas, 12th Judicial District B. Consultation with Attorney to seek legal advice; to wit:  Legal advice related to a pole attachment collection matter  Legal Advice related to lease of various city-owned property interests C. Deliberation on purchase, exchange, lease or value of real property; to wit:  Lease of city-owned property interests located generally in the area surrounding Wellborn Road and Harvey Mitchell Parkway in College Station  Lease of city-owned property interests located generally in the area between State Highway 6 and Rock Prairie Road East in College Station D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Council self-evaluation The Executive Session adjourned at 5:56 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action, and discussion on items listed on the consent agenda. Items 2j and 2s were pulled for clarification. 2j: Troy Rother, Senior Assistant City Engineer, clarified the contract regarding the game day traffic study. 2s: Dave Coleman, Director of Water Services, explained about the water monitors and how they track excess water flow. 5. Presentation, possible action, and discussion regarding a reclaimed water supply agreement with Apache Corporation. Related to Consent item 2t. Dave Coleman, Director of Water Services, provided background information on reclaimed water and how it is diverted for other uses. He reported that Apache will be drilling and WKSHP061214Minutes Page 3 fracking a large number of oil wells in the area east of Carters Creek Wastewater Treatment Plant. The operations may last two years. Staff has negotiated a proposed contract with Apache to pay all costs to construct and operate a pump station adjacent to Carters Creek to withdraw the effluent from the final basin of the treatment process and transport it to various storage ponds constructed on private property. The City will provide three million gallons per day, which can be increased to five if adequate surplus flow exists. Apache will pay $2.50 per thousand gallons. This rate is estimated to result in approximately $5 million of Water Fund revenue. The contract also requires Apache to obtain a permit from the TCEQ to transport and use Type II Effluent, which has special treatment and handling requirements. He stated that this contract will be an excellent revenue stream for the City, will promote economic growth in the Brazos Valley, and is an environmentally sound solution for Apache's water needs. The City has full rights to sell this effluent, and the proposed agreement will not hinder any other existing obligations for this water. He noted this is also on the agenda for action. 6. Presentation, possible action and discussion regarding the project plan for the Ringer Library project. Donald Harmon, Director of Public Works, provided the project background and requested Council direction based on the Library Audit Report. The project plan for the Ringer Library presented tonight addressed those recommendations found in the audit. There were thirteen audit recommendations with eleven specific redesign recommendations. Staff recommends proceeding with the design within the framework of the audit report recommendations. Council consensus was to have staff proceed. 7. Council Calendar  June 17 Transportation & Mobility Committee Meeting at Municipal Court Room 203  June 18 RVP Board Meeting at RVP  June 18 2014 Speaker Series at Traditions Club - 3249 Founders Drive (Bryan)  June 19 Health & Safety Expo at Brazos Center  June 19 Business After Hours - Scott & White at 700 Scott & White Drive  June 19 P & Z Workshop/Regular Meeting at Council Chambers  June 25 Ribbon Cutting – JB Knowledge at 112 N. Bryan Ave (Bryan)  June 26 TAMU Community Leadership Briefing at TBA  June 26 Executive Session/Workshop/Regular Meeting at 4:30, 6:00 & 7:00 p.m. Council reviewed the calendar. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember 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 Mooney requested a workshop item on Safety City. WKSHP061214Minutes Page 4 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 Chambe r 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. Councilmember Aldrich reported on the Arts Council. Councilmember Brick reported on the Regional Transportation Committee. 10. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 6:44 p.m. on Thursday, June 12, 2014. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM061214 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JUNE 12, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager 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 t o order by Mayor Berry at 7:03 p.m. on Thursday, June 12, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Proclamation recognizing the College Station High School Cougars for winning the Class 3A state baseball championship. Mayor Berry presented a proclamation to the College Station High School Cougars baseball team, recognizing them for the Class 3A championship. Citizen Comments Christine Stetter, 8606 Amber Hill, provided written comments, attached. Lynn Lawler, 2104 Spring Creek, provided written comments, attached. RM061214 Minutes Page 2 Gary Halter, 1204 Ashburn, reported on the town hall meeting of the Former Mayors Committee in April with almost 60 people in attendance. He noted there are a lot of angry people in the City. The City is not doing enough to enforce neighborhood integrity, and City ordinances are not being enforced. He also provided written comments, attached. Katy Lane, 2810 Wilderness Drive, expressed her concern with having a Blinn campus in their neighborhood, affecting traffic and neighborhood integrity. The online petition has gotten almost 300 signatures. She asked the Council to advocate for the neighborhoods, and represent the surrounding residents, and not alienate them. Dan Severn, 578 John Kimbrough, did not speak, but provided a pamphlet to the Council. Daniel Lench, 8728 Bent Tree Drive, President of the Emerald Forest HOA, spoke against the Blinn acquisition of the Lynntech property. The neighborhood has concerns regarding the increased traffic. The current infrastructure was not designed for 5,000+ students. The City will be forced to subsidize infrastructure improvements. There are other attractive options available to Blinn that will not negatively impact area neighborhoods. Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of Chief Warrant Officer Scott Jamar. Denise Snyder, 8404 Turtle Rock Loop, asked the Council to place quality of life before growth. They will be unprecented traffic noise and congestion. Blinn has stated this is not a permanent location. When Blinn leaves, they will be left with empty buildings. Bryan has already expended millions for new infrastructure. She is also concerned with fracking in the area. They are using valuable water. We need local regulations to be sure the effluent is stored safely, and we need local regulations to safeguard our water supply. There is also a need for local air monitors. She also supports lowering the speed limit on Earl Rudder Freeway to 65 mile per hour. Patrick Siegert, 1101 Guadalupe, noted that the City logo says “Home of Texas A&M University”. That is the identity of College Station. This is not a neighborly thing for Blinn to have done, and will never be. Bryan has provided the land and infrastructure for a permanent campus home. He addressed the loss of revenue and noted this take a performing asset in College Station and makes it a non-performing asset. He asked the City to rescind their support for Blinn’s move and to encourage their move to Bryan. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  May 22, 2014 Workshop  May 22, 2014 Regular Council Meeting 2b. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638 for the purposes of providing Project Management services for the replacement of the City’s current ERP system. Contract is for 24 months. RM061214 Minutes Page 3 2c. Presentation, possible action, and discussion regarding Ordinance 2014-3574, amending Ordinance 2014-3556 located in Chapter 4 "Business Regulations" of the College Station Code of Ordinances, Section 17 titled "Credit Access Businesses". The Amendment would set an annual registration fee of fifty dollars ($50.00) for each physically separate credit access business within the City limits of College Station, Texas. 2d. Presentation, possible action, and discussion regarding Ordinance 2014-3575, amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. 2e. Presentation, possible action, and discussion regardin g approval of a purchase from Accudata Systems for Network Access Control (NAC) system licenses, configuration services and training in the amount of $62,908.83. 2f. Presentation, possible action and discussion regarding the approval of annual retreaded tire services from Strouhal Tire Recapping Plant, Inc. through the State of Texas (TxMAS) Tire Contract in the amount of $70,000. 2g. Presentation, possible action and discussion to approve Resolution 06-12-14-2g by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2014; and providing an effective date. 2h. Presentation, possible action, and discussion regarding approval of Resolution 06-12- 14-2h, declaring intention to reimburse certain expenditures with proceeds from debt for the Royder Road/Live Oak Sewer Extension project. 2i. Presentation, possible action, and discussion regarding a Letter Agreement between the City of College Station and Ingram, Wallis & Co., P.C. in the amount of $95,000.00 for the purposes of Professional Auditing Services for the fiscal year ending on September 30, 2014. 2j. Presentation, possible action and discussion on an ILA with the Texas A&M University System to partner in funding a follow -up study to evaluate and improve game day operations pre- and postgame. The City’s portion of the project cost is $35,000. 2k. Presentation, possible action, and discussion on the consideration of Ordinance 2014- 3576, amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II - “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, by implementing an all -way stop control intersection at the intersection of Church Avenue and Tauber Street. 2l. Presentation, possible action and discussion regarding the approval of a Deed with out Warranty that will convey an 20' wide (0.195 acres) strip of land located along George Bush Drive to the College Station Independent School District. RM061214 Minutes Page 4 2m. Presentation, possible action and discussion regarding the first renewal of the annual price agreement for the Purchase of Crushed Stone for City Streets with Superior Crushed Stone, LC for an amount not to exceed $462,000. 2n. Presentation, possible action, and discussion on a Professional Services Contract with Binkley and Barfield, Inc., in the amount of $130,705, for the design, bidding, and construction phase services associated with the Eisenhower Street Extension Project. 2o. Presentation, possible action, and discussion regarding the cancellation of blanket purchase order #140005 with Joe Orr, Inc. and the approval of two contracts between the City of College Station and Joe Orr, Inc and Binkley & Barfield, Inc. for a total amount of $100,000. 2p. Presentation, possible action and discussion on the Treasury Management Agreement between the City of College Station and Branch Banking & Trust (“BB&T”). 2q. Presentation, possible action and discussion on a notification for a change order from TxDOT on the Rock Prairie Road Bridge project in the amount of $53,975.55, and authorizing the city manager to execute the acknowledgement notification on behalf of the City Council. 2r. Presentation, possible action, and discussion on a bid award for the purchase of steel, fiberglass, and concrete electric distribution poles to Creative Pultrusions, $14 3,920.05; KBS Electrical Distributors, $163,578; RS Technologies, $317,115.23; and TransAmerican Power Products, Inc., $106,522 for a total of $731,135.28. 2s. Presentation, possible action, and discussion regarding a professional services contract with InterraHydro, Inc. in the amount of $184,815.50 for an investigative study of wastewater collection system capacity in the Northgate and Southwood Valley areas. 2t. Presentation, possible action, and discussion regarding a reclaimed water supply agreement with Apache Corporation. Related to Workshop item 5. 2u. Presentation, possible action, and discussion regarding approval of budget transfers between several departments within the General Fund. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA Item 4 was pulled for discussion first, followed by items 1, 2, 3, 5, and 6. 1. Public hearing, presentation, discussion, and possible action regarding Ordinance 2014- 3577, amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban and T Townhouse RM061214 Minutes Page 5 for an approximate 21.8 acre tract of land in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of th e remainder of a called 22.97 acre tract as described by a deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331, Page 61 of the Official Public Records of Brazos County, Texas, generally located at 3270 Rock Prairie Road West. Morgan Hester, Planning and Development Services, reported this request is to rezone the property from Rural to General Suburban and Townhouse. The Planning and Zoning Commission considered this item at their May 15, 2014 meeting and voted 5-0 to recommend approval of the rezoning. At approximately 9:32 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:32 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3577, amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban and T Townhouse for an approximate 21.8 acre tract of land in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 22.97 acre tract as described by a deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331, Page 61 of the Official Public Records of Brazos County, Texas, generally located at 3270 Rock Prairie Road West. The motion carried unanimously. 2. Public hearing, presentation, discussion, and possible action regarding Ordinance 2014- 3578, amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, T exas, by rezoning an approximate 2.961 acre tract of land in the Robertson Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas; said tract being the same tract of land called 2.961 acres as described by deed to Aggie Assets, LLC, recorded in Volume 8070, Page 226, of the Official Public Records of Brazos County, Texas, and generally located at 2668 Barron Road from R Rural to GS General Suburban. Jennifer Paz, Planning and Development, reported this request is to rezone the property from Rural to General Suburban. The Planning and Zoning Commission considered this item at their June 5, 2014 meeting and recommended approval of the rezoning. At approximately 9:34 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:34 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember RM061214 Minutes Page 6 Aldrich, the City Council seven (7) for and none (0) opposed, to adopt Ordinance 2014-3578, 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 an approximate 2.961 acre tract of land in the Robertson Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas; said tract being the same tract of land called 2.961 acres as described by deed to Aggie Assets, LLC, recorded in Volume 8070, Page 226, of the Official Public Records of Brazos County, Texas, and generally located at 2668 Barron Road from R Rural to GS General Suburban. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3579, vacating and abandoning a 574.6-square foot drainage and public utility easement on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas, located at 511 University Drive East. Alan Gibbs, City Engineer, reported that this easement abandonment accommodates the improvements planned for the existing commercial building located at 511 University Drive East. There are no public or private utilities in the subject portion of easement to be abandoned. At approximately 9:37 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:37 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Aldrich, the City Council seven (7) for and none (0) opposed, to adopt Ordinance 2014-3579, vacating and abandoning a 574.6-square foot drainage and public utility easement on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas, located at 511 University Drive East. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 4, "Business Regulations", Section 4-19, "Rental registration of single-family and duplex dwelling units" of the Code of Ordinances of the City of College Station by including administrative penalties, requiring a notarized affidavit, and authorizing the administrator to request a copy of the lease. This item was pulled in order to be discussed first. Lance Simms, Director of Planning and Development, reported that the ordinance amends the existing rental registration ordinance by including:  An administrative penalty (citation) provision;  A requirement that the a notarized affidavit be provided as part of the registration; and  A requirement that a copy of the current lease(s) be provided upon request. At the Council's workshop meeting on April 10th, staff presented a series of recommended changes to the rental registration ordinance. Following the discussion, Council directed staff to make the changes contained in the attached ordinance. RM061214 Minutes Page 7 At approximately 8:16 p.m., Mayor Berry opened the Public Hearing. Donald Derickson, 6103 Canterbury Drive, representing the Bryan/College Station Apartment Association, said they have four. First the association is in favor of the rental registration program, but the way it is worded does not include all the properties it should. Secondly, they are against having an affidavit; it is redundant by nature. Third, they agree that violators should be prosecuted, but the City has not been able to enforce the code. They have never been able to enforce it. Lastly, it is a violation of the Federal Privacy Act to release those lease agreements. Jeff Claybrook, 903 Fairview, spoke on behalf of the Student Government Association. As he understands it, the affidavit is simply a means of providing the definition of family. As that pertains to students, they are concerned with cost and the convenience of living close to campus. It is more affordable to split the cost of rent when there are more than four tenants. Restricting number of renters will increase the cost of living and will hinder students from locating close to campus. Five bedroom homes are being built now, so why should the limit be four. This will make it more difficult for students to find houses. The survey did not get student input. They conducted their own survey yesterday. Paul Morris, 1511 Wayfarer, provided written comments. Hugh Lindsay, 400 Walton Drive, recited several instances that have occurred in his neighborhood. He was told the police could not ticket an illegally parked car it until it was determined who the owner was. Code enforcement told him there was nothing they could do even if it was confirmed there were more than four people other than writing a letter to the landlord. However, he was cited for an infraction on his own property. Lauren Felder, 806 Thomas, Communication Relations chair for the ASG. As a member of the local community and as a student, she has seen a blatant disregard for the property leased by students. She has also seen and had positive experiences with home owners. She supports the ordinance if there are some modification to the leasing agreement. Students should not suffer all the blame, but the current environment encourages it, e.g. five-bedroom homes and landlords turning a blind eye to more than four tenants. She wants to work with the City and the students and enforcement. Patsy Deere, 1500 Frost, said she has several pieces of property in College Station. She has had students asked to have five tenants, and she has declined. They had no idea there was a limit of four. She has spoken with a property management company that offered to work around the regulations in order to rent to five people. Donald Deere, 1500 Frost, stated that as a rental property owner who abides by the current ordinance, he is in favor of the strengthened ordinance. However, regarding the affidavit, he can’t really swear there aren’t more than four tenants. He can swear to renting to four and getting rent from four, but he can’t guarantee there is not a fifth person there. He also recommended language that would say “present” rather than “provide”. He would also like to amend it to say “reasonable information”. The other is too open ended. Charles Wilding, 4912 Augusta Circle, owns a lot of properties. His first concern is regarding the affidavit; he would like to have the tenant sign it with him. The pressure is being placed on RM061214 Minutes Page 8 the owner and not on the tenants in any way. Secondly, he noted the annual registration fee is $15 per property. He asked why does it need to be annually if there is not an ownership change. He also noted that leases are a legal document between himself, the student, and the parents. Sarah Norman, 2700 Earl Rudder Freeway, representing the Bryan/College Station Regional Association of Realtors; she also owns rental property. The most important thing as a realtor is understanding that without students, we would not be here. She does support quality neighborhoods and quality of life for students. We need to enforce the ordinance and not require additional regulations. There should be more education and more communication with owners and students. It appears to be a lot of uncertainty about expanding the ordinance, and she asked Council to table this until there is some direct decision on what needs to be done, how it will be done, and the purpose of it being done. Anne Jackson, 4343 Oaklake Drive, stated she follows the codes, and her lease covers a lot of the enforcement the City is trying to do. She charges back to the renters for infractions. The City needs to put more dollars into code enforcement. She asked Council to not make them fill out more papers when they are doing it right. Sherry Ellison, 2705 Woodway Drive, has some rental property. Some people do a good job, but some don’t. As neighbors, they are concerned with living with this on a daily basis. There are those who do not have a sense of responsibility. Owners are the ones responsible because they are the ones who should initially ask if the tenants will be good tenants. Owners cannot just say it is the renters fault. Suzanne Droleskey, 1109 Ashburn Avenue, said she is living in an older established neighborhood, and they are not anti-students, but are they are anti-bad neighbors. The code enforcement officers do not have the teeth to enforce the codes. The City has been working on this since 1994. It is important to pass this ordinance to give them the teeth they need. Most tenants are law-abiding, but the laws are not written for the law-abiding. There being no further comments, the Public Hearing was closed at 8:43 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council seven (7) for and none (0) opposed, to table any action on this item, and amended to table until the June 26 meeting. The motion carried unanimously. Council provided direction to staff on recommended changes. 5. Presentation, possible action, and discussion regarding a presentation related to an overview and the associated potential economic impacts of oil and gas resource development. Chris Jarmon, Assistant to the City Manager, presented an overview of the drilling process and the drilling activity the staff has observed. Most of the activity occurred in north Brazos County. He also briefed the Council on potential revenue. To date, mineral royalties have been very small. Revenues can also be realized though ad valorem taxes, but it was noted that mineral values account for a little under 1% of our total net taxable value. The City will also gain revenue through people with sales tax and HOT tax. The Texas Railroad Commission is the RM061214 Minutes Page 9 primary regulatory agency, but they do not regulate things like traffic, noise, odor, scenic impact, or zoning. 6. Presentation, possible action, and discussion on a tentative schedule for a 2015 bond election and the creation of a citizen advisory committee. Chuck Gilman, Deputy City Manager, reported that staff has developed a preliminary schedule that must be completed before the bond election. The schedule includes activities, tasks, and meetings with Council-appointed boards and commissions, and with the community-at-large. There will be a final list of recommended projects for Council to consider before the ballot language is adopted. 7. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:10 p.m. on Thursday, June 12, 2014. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-494 Name:Upgrade Security Cameras at Water Facilities Status:Type:Contract Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding award of a contract in the amount of $192,832 to Avinext Inc., to upgrade cameras and other components of the video surveillance security system at various Water Department facilities. Sponsors:Adam Falco Indexes: Code sections: Attachments:Contract 14-332.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding award of a contract in the amount of $192,832 to Avinext Inc., to upgrade cameras and other components of the video surveillance security system at various Water Department facilities. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation: Staff recommends Council approve this contract award. Summary: In the FY-14 Budget process, City Council approved a Service Level Adjustment for the Water Services Department to replace outdated security cameras at various facilities. This proposed contract will provide the following upgrades: ··Carters Creek Wastewater Treatment Plant: 9 cameras, 2 servers, 1 storage device ··Lick Creek Wastewater Treatment Plant: 4 cameras, 1 server, 1 storage device ··Dowling Road Pump Station: 13 cameras, 1 server, 1 storage device ··Sandy Point Pump Station: 4 cameras, 1 server, 1 storage device ··Both Water Towers: SD cards for all existing cameras ··Wells 1, 2, 3, 5, 6, and 7: SD cards for all existing cameras ··Well 8: 2 cameras ··Dispatch Center: 12 monitors in video wall configuration, and 1 server The Water Services Department uses video surveillance as part of the multi-layered approach to facility security. Several hardware components of the existing video system have failed, or are at the end of their expected service life. This contract will replace most components of the system with new generation cameras and storage drives that use digital communications. This will make the video College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-494,Version:1 system easier to integrate into the Supervisory Control and Data Acquisition (SCADA) system, and provide easier to access to the facility cameras from a broader scope of work stations, including on- call laptops, and Utility Dispatch. In summary, this contract will provide a surveillance system with current technology equipment, and make it easier to integrate the new hardware into a more manageable and accessible network and staff recommends approval. The attached quote from Avinext is Pre-Competed, under the cooperative purchasing agreement with Texas A&M University: Master Agreement M000552-AV and Master Agreement M100299-IT. Budget & Financial Summary: The construction of this project was approved and funded through the Budgetary SLA process for $192,000. Attachments: Contract College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-520 Name:NextGen Maintenance Agreement Change Order Status:Type:Change Order Consent Agenda File created:In control:6/6/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding a change order to the Northgate Parking Garage equipment maintenance agreement with NextGen Parking, formerly ProTech Access, in the amount of $16,593.00. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 1 - Change Order #1 - 12-036.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding a change order to the Northgate Parking Garage equipment maintenance agreement with NextGen Parking,formerly ProTech Access, in the amount of $16,593.00. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Core Services and Infrastructure ··Diverse Growing Economy ··Improving Mobility Recommendation(s): Staff recommends approval of Change Order # 1 to NextGen Parking Maintenance Agreement 12-036 Summary: This change order to maintenance agreement 12-036 with NextGen Parking,formerly ProTech Access,would allow for a necessary upgrade of equipment in the Northgate Parking Garage to maintain Payment Card Industry -Data Security Standard (PCI-DSS) compliance.ScanNet is the system that currently operates the entry/exit equipment and payment equipment in the Northgate Parking Garage and it runs on the Windows XP operating platform,which is no longer supported by Mircosoft.As a result,revenue controls systems running on Windows XP will fail to meet PCI-DSS requirements for credit card acceptance. In order to maintain PCI compliance,NextGen provided three options for consideration to address the issue with the ScanNet system.Northgate District staff worked with IT staff to assess the three options and determine the best solution for the long-term operation of the garage.It was determined that replacing the ScanNet system with the College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-520,Version:1 operation of the garage.It was determined that replacing the ScanNet system with the 3M Enterprise Facility Management System (EFM)would be the most efficient and economical solution for the future. In order to install EFM,entry/exit equipment and payment equipment will require upgrades that are included in the change order.The system upgrade will take approximately 4 weeks and is expected to be complete prior to August and the new school year. Budget & Financial Summary: Funds budgeted in FY 2014 for non-parking related improvements have been delayed to ensure adequate funding in the Northgate District budget for this unanticipated upgrade. Attachments: Attachment 1:Change order #1 - Contract 12-036 College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-521 Name:Annual Price Agreement for Cement Stabilized Sand Status:Type:Renewal Consent Agenda File created:In control:6/9/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding the renewal of annual price agreement 11- 031 to Brazos Paving, Inc. for the purchase of Cement Stabilized Sand for an amount not to exceed $147,960.00. Sponsors:Donald Harmon Indexes: Code sections: Attachments:BPI Annual Renewal #3.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the renewal of annual price agreement 11-031 to Brazos Paving, Inc. for the purchase of Cement Stabilized Sand for an amount not to exceed $147,960.00. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s):Staff recommends approval of the authorization to participate with the City of Bryan for the renewal of annual price agreement 11-031,with a vendor requested material price increase of 8%. Summary:The City of Bryan requested bids (City of Bryan Bid #11-031) for an annual price agreement for Cement Stabilized Sand on May 17, 2011. Three bids were received from Texcon, Brazos Paving, Inc. and Knife River. Our Interlocal Purchasing Agreement with the City of Bryan allows the City to utilize contracts that have been competitively solicited by either entity. The lowest Total Annual Bid Price was received from Brazos Paving, Inc. Brazos Paving has a requested an 8% material price increase, as is allowed by the pricing agreement. The new pricing will be $17.82 for material to be picked up by City crews and $23.22 for material to be delivered to the job site by contractor crews. The amount estimated to be picked up by City of College Station crews for regular and emergency maintenance is 7,000 tons at $17.82 for $124,740.00. The amount estimated to be delivered by contractor crews to the job site would be 1,000 tons at $23.22 for $23,220. The total amount would not exceed $147,960.00. This is College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-521,Version:1 renewal three of four allowable renewals. Budget &Financial Summary:Funds to purchase cement stabilized sand are budgeted and available in the General Fund within the Operations Budget of the Streets and Drainage Divisions. Attachments: 1. City of Bryan Renewal Letter - BPI Extension #3 College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ CITY OF BRYAN, TEXAS CHANGE ORDER CITY OF BRYAN The Good Life,Texas Style" Change Order Number: 1 Date: May 27, 2014 Contract Name: Annual Price Agreement for Cement Stabilized Sand Contract Number: RFB #11-031 Contractor: Brazos Paving Inc. YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT. It is the intent of this change order to increase the contract amount by eight percent (8 %) for the 3rd Extension of the Annual Price Agreement for Cement Stabilized Sand. This change permits the increase to the original contract unit pricing; all terms and conditions from the original Agreement#11-031 shall remain firm through the end of the extended contract period. The Original Contract Sum was: $45,000.00 Net Change by previously authorized Change Orders: $0.00 The Contract Sum prior to this Change Order was: $45,000.00 The Contract Sum will be increased by this Change Order: $3,600.00 The new Contract Sum including this Change Order will be: $48,600.00 The Contract Time will be changed by: Zero COD Days Change Order No. 1 City of Bryan,Texas Page 1 of 2 Pages nntrart#1 1 1 EXECUTED in duplicate original this Z744- day of 2014, at Bryan, Texas, where this contract is performable and enforceable. CITY OF BRYAN: CHANGE RECOMMENDED and APPROVED: 1, , 1 ,,-KI/t on Barfknec f'.E., Ph.D., Public Works Director Date: O-S ,2 r SERVICE PROVIDER: -- Vendor Name: ra.ZOg — ,vjwxt ,1„lL. By: Printed Name: '$',t i.e_..)1 4 Title: Y k-z ',res',Q,-1- Date: 5127114-1 Change Order No. 1 City of Bryan,Texas Page 2 of 2 Pages Cnntrart#1 1-1Y 1 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-522 Name:Semi-Annual Price Agreement for Type D Hot Mix Asphalt Status:Type:Renewal Consent Agenda File created:In control:6/9/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation possible action and discussion regarding a semi-annual price agreement with Knife River for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets in the amount not to exceed $960,000.00.($64.00 per ton) Sponsors:Donald Harmon Indexes: Code sections: Attachments:Renewal Acceptance 7 10 14 to 1 9 15.pdf Action ByDate Action ResultVer. Presentation possible action and discussion regarding a semi-annual price agreement with Knife River for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets in the amount not to exceed $960,000.00.($64.00 per ton) Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the semi-annual price agreement. Summary: Invitation to Bid #14-021 received two competitive sealed bids. Knife River was the lowest responsible bidder. The City requested a quote for both annual and a semi-annual estimates. Staff has reviewed the bids, and recommends the Knife River be awarded a semi-annual price agreement, which can be renewed every six months for no more than five renewals (three years total). Knife River bid an estimated 15,000 tons at $64.00 per ton for a total not to exceed amount of $960,000.00. Any after hours, or emergency startup costs will be paid from this not to exceed amount. Budget & Financial Summary: Funds are budgeted and available in the Street Maintenance Fund. Attachments: College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-522,Version:1 1. Bid #14-021 Renewal Acceptance College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-523 Name:Renewal of Annual Purchase of Installed Type II FGSMA Hot Mix Asphalt Status:Type:Renewal Consent Agenda File created:In control:6/9/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action and discussion on a renewal for the annual purchase of installed Type II, FGSMA Hot Mix Asphalt for an amount not to exceed $526,000.00. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Renewal 13-323 2014.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion on a renewal for the annual purchase of installed Type II, FGSMA Hot Mix Asphalt for an amount not to exceed $526,000.00. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the annual price agreement. Summary:The City of College Station joined Brazos County in their Bid for the Annual Purchase of Hot Mix Asphalt.Two (2)sealed competitive bids were received by Brazos County and opened on June 11,2013.The lowest responsible bidder was Knife River. Knife River bid 4,000 tons of Type II, FGSMA Hot Mix Asphalt at $131.50/ton. Budget &Financial Summary:Funds are budgeted and available in the Street Maintenance Fund. Attachments: 1. Contract #13-323 Renewal Letter College Station, TX Printed on 6/20/2014Page 1 of 1 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-525 Name:Street Parking Removal on Caudill and Lawyer Status:Type:Ordinance Consent Agenda File created:In control:6/9/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action and discussion of an ordinance amending Chapter 10 Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime” of the Code of Ordinances, to remove parking along sections of Caudill Street and Lawyer Street to provide emergency vehicle access along these streets. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Map.pdf ordinance standard.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion of an ordinance amending Chapter 10 Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime” of the Code of Ordinances, to remove parking along sections of Caudill Street and Lawyer Street to provide emergency vehicle access along these streets. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: During the planning process of the South Knoll Area Neighborhood Plan completed last Fall and approved by the City Council in September 2013, area residents and property owners identified streets with heavy on-street parking. The Fire Department was asked to evaluate these streets to determine if an emergency vehicle could maneuver through these areas under the existing on-street parking conditions. The evaluation occurred in February 2013 and resulted in a recommendation to remove parking on the bends of these two streets only. The recommendation was discussed at the next meeting of the Traffic Management Team, which agreed with the recommendation from the Fire Department. In May of 2014, a public meeting was held with the property owners and residents living College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-525,Version:1 adjacent to the areas where the on-street parking was being removed. The residents were included at this meeting to be consistent with the public meetings that were held during the development of the South Knoll Area Neighborhood Plan. Seven individuals attended the meeting out of the 26 citizens that were contacted. All of the citizens in attendance supported the plan and were thankful that these problems were being addressed. Budget & Financial Summary: The “NO PARKING” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operation budget. Attachments: 1.Ordinance 2.Map College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ Proposed Parking Removal on Caudill and Lawyer ORDINANCE NO.__________________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4 “ADMINISTRATIVE ADJUDICTION OF PARKIGN VIOLATIONS”, E “PARKING REGULATIONS OF CERTAIN DESCRIBED AREAS”, (1) “TRAFFIC SCHEDULE XIV - NO PARKING HERE TO CORNER OR NO PARKING ANYTIME”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed liable for a civil offense and/or guilty of a Class C misdemeanor, and, upon a finding of liability thereof, shall be punished by a civil penalty of not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), or upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Caudill Street and Lawyer Street Parking Removal Ordinance Page 2 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2014. APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, is hereby amended to include the following: Caudill Street – Beginning 40 feet north of the Lawyer Street and Gunsmith Street intersection, No Parking on the north side of Caudill for the next 325 feet. Lawyer Street – Beginning 235 feet from the western intersection of Caudill Street and Lawyer Street, No Parking on the south side of Lawyer Street for the next 140 feet. 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-526 Name:Professional Services Contract for ST-1407: Guadalupe Drive Sidewalk Improvements and ST- 1408: Langford Street Sidewalk Improvements Projects Status:Type:Contract Consent Agenda File created:In control:6/9/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action and discussion regarding the approval of a professional services contract (No. 14-157) with Goodwin-Lasiter-Strong, in the amount of $101,348.12, for the design of sidewalk improvements along Langford Street and Guadalupe Drive. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Location Map.pdf Action ByDate Action ResultVer. Presentation,possible action and discussion regarding the approval of a professional services contract (No.14-157)with Goodwin-Lasiter-Strong,in the amount of $101,348.12,for the design of sidewalk improvements along Langford Street and Guadalupe Drive. Relationship to Strategic Goals: ··Core Services and Infrastructure ··Improving Mobility Recommendation(s): Staff recommends approval of this contract. Summary:The Guadalupe Sidewalk Improvements Project (ST-1407)will design and construct sidewalks between Nueces Drive and Langford Street.The sidewalks were identified as a need in the Bicycle,Pedestrian,and Greenways Master Plan. Additionally,the project was identified for short term implementation in the South Knoll Area Neighborhood Master Plan.The Langford Street Sidewalk Improvements Project (ST-1408)will design and reconstruct sidewalks along Langford Street between Haines Drive and Guadalupe Drive.These projects were requested by a local resident with access needs. College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-526,Version:1 Budget &Financial Summary:A total of $485,316 is budgeted for these sidewalk projects.The projects are budgeted in the Streets Capital Improvement Projects Fund but the funding for these projects is being transferred from the General Fund. Attachments: 1.Contract No. 14-157 (on file with the City Secretary) 2.Project Location Map College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ Harvey Mitchell Pkwy STexas Ave SW elsh AveSouthwest PkwySouth w o o dDrNueces DrHollemanDrR io G r a n d e B l v d BalconesDrLongm ire DrL an g fo rd StLauraLnAlleyAirline DrLawyer StHaines DrGladeStAustin AveTodd TrlValleyViewDrCaudill StHawkTreeDrChristine LnOrr StHaleyPlWindingRdMedinaD rLeonaDrBeeCreekDrAnderson StHondoDrD exterD rSAngelinaCir Llano PlShenandoah DrHillsideDrLongmireDrTrigger StAngelinaCtShadowwoodDrHilltop DrTaurus A veConcho PlY ellow houseCirSummit StComal CirAugustineCtRayburn CtArboles CirS a n F e l i p e D r GunsmithStLongmireCtTrinity PlSabine CtPotomac PlChalet CtMedinaDrLeona D rD exter D r S Langford Street and Guadalupe Drive Sidewalk Improvements Projects Location Map 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-527 Name:Luther Street Rehabilitation Conceptual Design Status:Type:Contract Consent Agenda File created:In control:6/9/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion on a Professional Services Contract with Jones and Carter in the amount of $81,000.00 for the professional engineering services related to the Luther Street Conceptual Design, in final form as approved by the City Attorney. (Contract #14-322) Sponsors:Donald Harmon Indexes: Code sections: Attachments:Luther St. Rehab location Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a Professional Services Contract with Jones and Carter in the amount of $81,000.00 for the professional engineering services related to the Luther Street Conceptual Design, in final form as approved by the City Attorney. (Contract #14-322) Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: The Luther Street Rehabilitation Project will rehabilitate Luther between Marion Pugh and FM 2818. This contract will provide a conceptual design identifying constraints, improvements, and possible cross sections. Budget & Financial Summary: A total project budget of $2,220,000 is included for this project in the Streets Capital Improvement Projects Fund. A total of $2,270.67 has been expended or committed to date, leaving a balance of $2,217,729.33 for design and construction. Attachments: 1.Contract (On file in the City Secretary’s Office) 2.Project Map College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-527,Version:1 College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ a a FM 2818 Marion Pugh LUTHER STREET WESTWE L L B O R N R O A D H A R V E Y M I T C H E L L P A R K W A Y S O U T HALLEYJONES-BUTLER ROADGEORGE BUSH DRIVE WESTHOLLEMAN DRIVELEGACY LANEALLEYALLEYÜ Luther Street West Rehabilitation Location Map 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-528 Name:Temp Services 2014 Status:Type:Presentation Consent Agenda File created:In control:6/9/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding ratification of expenses for: temporary employment services for FY13 with Express Services for $68,164.26, temporary employment services for FY14 to-date with Express Services for $37,256.50, and temporary employment services for FY14 to-date with Spherion Staffing for $19.808.75; and approval of FY14 anticipated expenditures with Express Services for $15,000.00 and Spherion Staffing for $15,000.00. Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding ratification of expenses for: temporary employment services for FY13 with Express Services for $68,164.26, temporary employment services for FY14 to-date with Express Services for $37,256.50, and temporary employment services for FY14 to-date with Spherion Staffing for $19.808.75; and approval of FY14 anticipated expenditures with Express Services for $15,000.00 and Spherion Staffing for $15,000.00. Relationship to Strategic Goals:Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation(s):Staff is recommending ratification of expenditures for FY 13 with Express Services in the amount of $68,164.26, for FY14 to-date with Express Services in the amount of $37,256.50, and for FY14 to-date with Spherion Staffing in the amount of $19,808.75; and approval of FY14 anticipated expenditures with Express Services in the amount of $15,000.00 and Spherion Staffing for $15,000.00. Summary:From time to time, for continued City operations, it is necessary to retain temporary employment services. These service(s) allow City departments to fill short term vacancies with temporary employees. In some cases, when in the best interest of the City, we may choose to hire these employees as full time employees. This temp-to-perm option is beneficial in some cases as it gives both employer and employee an opportunity to see if the permanent relationship would be mutually agreeable. This is especially true in our Utility Customer Service - Meter Services Division where there is a high turnover rate. Staff spent several months restructuring the last request for proposal we issued jointly with the City of Bryan. New proposals were received and opened on February 14, 2014 with all proposals making exceptions to our terms and conditions. Staff has been evaluating the responses, conducting reference checks and considering the exceptions noted. Staff will be College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-528,Version:1 negotiating a primary contract and secondary contract (when the primary contractor cannot fill a requested position) with the intent to present these contracts to Council on or before the end of August. Budget & Financial Summary:Funding was/is available in each department utilizing the services. Attachments: N/A College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-536 Name:Contingency for PD NG Space Reno Status:Type:Presentation Consent Agenda File created:In control:6/11/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding approval of a contingency transfer in the amount of $47,000 for the outfitting and renovation of Police Department office space in Northgate. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:140611130723_0001.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a contingency transfer in the amount of $47,000 for the outfitting and renovation of Police Department office space in Northgate. Relationship to Strategic Goals: 1.Core Services and Infrastructure Recommendation:Staff recommends approval of a contingency transfer in the amount of $47,000 for the outfitting and renovation of Police Department office space in Northgate. Summary:During the budget process for FY14, funding was acquired for a Northgate area police office. The office space was acquired through a lease agreement with St. Mary’s church. The Northgate office will be utilized by a full time Northgate unit of eight officers and a Sergeant who use bicycles as their primary mode of transportation. The larger office will provide a storage and mechanical area for their bicycles that is separate from the rest of the office. It will further provide an office area for the bike officers to have adequate workstations and a roundtable discussion area. In addition, the larger office will offer the Sergeant an independent office to better facilitate supervision of the unit. The expanded area will further provide an adequate area for group training, community meetings and shift briefings. In addition to these benefits, the office will be made available to all the officers working in the North part of the city to better facilitate efficiency of operations. The original FY14 budget request was developed through a verbal agreement with the church for the use of 600 square foot of space. As the negotiations continued after the budget was acquired, the church agreed to lease the Police Department 2200 square foot of space. The budget approved in FY14 for the renovation and outfitting of the space was based on the estimate of 600 square feet. Additional budget is needed at this time to outfit and renovate the additional space offered by St. Mary’s. College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-536,Version:1 Budget & Financial Summary:Contingency funds are budgeted on an annual basis for use on unforeseen items of a critical nature. If this item is approved, $47,000 will be transferred from General Fund contingency for the outfitting and renovation of Police Department office space in Northgate. Reviewed and Approved by Legal:Yes. College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-537 Name:EMS Supplies Status:Type:Renewal Consent Agenda File created:In control:6/12/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding the 2nd of two renewal options of an annual blanket purchase order 12-067 with Boundtree Medical L.L.C. for $80,000.00 for EMS supplies. Sponsors:Eric Hurt Indexes: Code sections: Attachments:Renewal 2014 - Bound Tree.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the 2nd of two renewal options of an annual blanket purchase order 12-067 with Boundtree Medical L.L.C. for $80,000.00 for EMS supplies. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends renewal of this purchasing agreement with Boundtree Medical L.L.C. Summary: BoundTree Medical has agreed to hold prices at the same level as approved for 2013. Budget & Financial Summary: Funds are currently budgeted in the Fire Department budget. Attachments: Copy of Renewal Acceptance by Boundtree Medical College Station, TX Printed on 6/20/2014Page 1 of 1 powered by Legistar™ ****************************************************************************** RENEWAL (2) ACCEPTANCE By signing herewith, I acknowledge and agree to renew the annual price agreement for Emergency Medical Supplies (Bid No. 12-067) and all other terms and conditions previously agreed to and accepted for an amount not to exceed Eighty Thousand and Noll 00 Dollars ($80,000.00). I understand this renewal agreement will be for the period beginning July 26, 2014 through July 25,2015. This is the second and final renewal option available. BOUND TREE MEDICAL LLC 05/30/14 DATE 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-547 Name:Atmos Franchise Amendment - 2nd Reading Status:Type:Ordinance Consent Agenda File created:In control:6/18/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding the 2nd reading of an ordinance amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. Sponsors:Chris Jarmon Indexes:Atmos, Franchise Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the 2nd reading of an ordinance amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. Relationship to Strategic Goals: ··Financially Sustainable City ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance Summary: On March 13, 2014 Council approved the first reading of an ordinance granting Atmos Energy a nonexclusive natural gas franchise and on March 27, 2014 Council approved the second reading of that ordinance. On June 12, 2014 Council amended the ordinance passed on March 13, 2014 in order to adjust the definition of "Gross Revenues". This is the 2nd reading of the ordinance amendment passed on June 12. As noted previously, staff has been in frequent contact with Atmos regarding these changes and Atmos is in concurrence with the proposed changes. Budget & Financial Summary: There will be no financial impact. These definitional changes are consistent with the definitions used in the previous agreement with Atmos Attachments: n/a College Station, TX Printed on 6/20/2014Page 1 of 1 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-429 Name:Economic Development Agreement Status:Type:Agreement Agenda Ready File created:In control:5/2/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action, and discussion regarding an economic development agreement between the City of College Station and Kalon Biotherapeutics. Sponsors: Indexes:Economic Development Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an economic development agreement between the City of College Station and Kalon Biotherapeutics. Relationship to Strategic Goals: (Select all that apply) ··Diverse Growing Economy Recommendation(s): Staff recommends approving an economic development agreement with Kalon Biotherapeutics. Summary: Kalon Biotherapeutics (Kalon),a private company established by the Texas A&M University System in spring 2011,was formed to provide advanced biologics development manufacturing in the newly constructed National Center for Therapeutics Manufacturing building.The company enables rapid, cost-effective drug development through a flexible and scalable clinical manufacturing platform with capabilities to support all classes of biological drug products including vaccines,monoclonal antibodies, cellular and gene therapies. In June 2012,the U.S.Department of Health and Human Services established three Centers for Innovation in Advanced Development and Manufacturing (CIADM)to develop and manufacture medical countermeasures.The Texas A&M University System was selected to lead one of the three centers collaborating with GlaxoSmithKline (GSK), Lonza, and Kalon Biotherapeutics. As GSK's development partner,Kalon Biotherapeutics is responsible for its cell-based pandemic and seasonal influenza vaccines,and is a commercial development and manufacturing organization for chemical, biological, radiological, and nuclear vaccines and medical countermeasures. In order to facilitate new employment opportunities and a significant capital investment in the Biocorridor caused by Kalon Biotherapeutics,staff is recommending an incentive in the amount of an annually reducing percentage of the City's shared revenue from the Interlocal Cooperation and Joint College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-429,Version:1 annually reducing percentage of the City's shared revenue from the Interlocal Cooperation and Joint Development Agreement approved by City Council on December 15, 2011. More details regarding the City's incentives,Kalon Biotherapeutics'obligations,and associated clawbacks will be provided at the meeting. The agreement is conditioned upon the City of Bryan entering in to an agreement to grant its portion of the shared revenue received in a total amount estimated to be not less than $411,451.39 to Kalon Biotherapeutics. Budget & Financial Summary: The total incentive will not exceed $1,093,548.61 over a seven year period. Attachments: The economic development agreement is available in the City Secretary's Office. College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-529 Name:Public Utility Easement Abandonments - 701 and 715 University Drive East Status:Type:Ordinance Agenda Ready File created:In control:6/10/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Public Hearing, presentation, possible action, and discussion regarding five (5) ordinances vacating and abandoning eleven (11) public utility easement on Lots 1 thru 4, Block 1 of the Chimney Hill Retail Plaza Subdivision according to the plat recorded in Volume 807, Page 543 of the Deed Records of Brazos County, Texas, located at 701 and 715 University Drive East. Sponsors: Indexes: Code sections: Attachments:Vicinity Map.pdf Location Map and Key.pdf CH PUE Abandonment Ord1.pdf Ordinance 1-Exh A.pdf Ordinance 1-Exh B.pdf CH PUE Abandonment Ord2.pdf Ordinance 2-Exh A.pdf Ordinance 2-Exh B.pdf CH PUE Abandonment Ord3.pdf Ordinance 3-Exh A.pdf Ordinance 3-Exh B.pdf CH PUE Abandonment Ord4.pdf Ordinance 4-Exh A.pdf Ordinance 4-Exh B.pdf CH PUE Abandonment Ord5.pdf Ordinance 5-Exh A.pdf Ordinance 5-Exh B.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding five (5) ordinances vacating and abandoning eleven (11) public utility easement on Lots 1 thru 4, Block 1 of the Chimney Hill Retail Plaza Subdivision according to the plat recorded in Volume 807, Page 543 of the Deed Records of Brazos County, Texas, located at 701 and 715 University Drive East. Relationship to Strategic Goals: (Select all that apply) ··Core Services and Infrastructure ··Diverse Growing Economy College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-529,Version:1 Recommendation(s): Staff recommends approval of the ordinances. Summary: These ordinances abandon eleven (11) public utility easements located on Lots 1 thru 4, Block 1 of the Chimney Hill Retail Plaza Subdivision according to the plat recorded in Volume 807, Page 543 of the Deed Records of Brazos County, Texas, located at 701 and 715 University Drive East. Below are the easements grouped to be abandoned by ordinance. Ordinance 1 - Easements 1 through 6 Ordinance 2 - Easement 7 Ordinance 3 - Easement 8 Ordinance 4 - Easements 9 and 10 Ordinance 5 - Easement 11 The easement abandonments will accommodate the Chimney Hill redevelopment. Utility infrastructure exists within several of the subject easements and will need to remain active until relocated in accordance with City Standards with redevelopment. The abandonments are conditioned on a temporary blanket easement being reserved on the property until new easements are dedicated upon completion of utility relocation, including a rededication of the PUE along Tarrow Street in same general width and location as that being abandoned. If any of these conditions are not met, the abandonment will be null and void. Budget & Financial Summary: N/A Attachments: 1.Vicinity Map 2.Location Map and Key 3.Ordinance 1 4.Ordinance 1 -Exhibits "A" and "B" 5.Ordinance 2 6.Ordinance 2 -Exhibits "A" and "B" 7.Ordinance 3 8.Ordinance 3 -Exhibits "A" and "B" 9.Ordinance 4 10.Ordinance 4 -Exhibits "A" and "B" 11.Ordinance 5 12.Ordinance 5 -Exhibits "A" and "B" 13.Application (On file at City Engineer’s Office) College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ E29THSTTEXAS AV HARVEY RDLINCOLN AVS TEXAS AVBRIARCRES TDRTARROWSTE A R L R U D D E R F W S GEORGE BUSH DRHOLLEMAN D R EANDERSON ST N E A R L R U D D E R F W W ELLB O R N R D COLLEGE AV UNIVERSITY DRU N IV E R S ITY D R E TEXAS AVUNIVERSITY DRBARAK LN DOMINIK DRFRANCIS DRBROADMOORDRMUNSONAV CARTERCR E E K P WNROSEMARYDRS P R IN G L O TAN GLE W O O D D R BRIAR OAKS DR WALTONDRG LENHA V E N DR GEORGEBUSH DR TIMBERST E O A K H IL L DR GARDENACR ES B L GLADE STOAKHIL LDR[ The City of College StationPlanning & Development Services 1 inch = 1,845.27 feet Site Vicinity Map CHIMNEY HILL REDEVELOPMENT Easement Abandonment 1. Easement #1 – 10’ public utility easement dedicated by final plat. Resubdivision of Lot 1, Block 1, Chimney Hill Retail Plaza Joint Venture filed on July 16, 1995 in volume 807, page 543 of the Official Deed Records of Brazos County, Texas. 2. Easement #2 – 15’ water line easement dedicated by final plat. Resubdivision of Lot 1, Block 1, Chimney Hill Retail Plaza Joint Venture filed on July 16, 1995 in volume 807, page 543 of the Official Deed Records of Brazos County, Texas. 3. Easement #3 – 15’ electrical easement dedicated by final plat. Resubdivision of Lot 1, Block 1, Chimney Hill Retail Plaza Joint Venture filed on July 16, 1995 in volume 807, page 543 of the Official Deed Records of Brazos County, Texas. 4. Easement #4 – 15’ sanitary sewer easement dedicated by final plat. Resubdivision of Lot 1, Block 1, Chimney Hill Retail Plaza Joint Venture filed on July 16, 1995 in volume 807, page 543 of the Official Deed Records of Brazos County, Texas. 5. Easement #5 – 15’ electrical easement dedicated by final plat. Resubdivision of Lot 1, Block 1, Chimney Hill Retail Plaza Joint Venture filed on July 16, 1995 in volume 807, page 543 of the Official Deed Records of Brazos County, Texas. 6. Easement #6 – 15’ water line easement dedicated by final plat. Resubdivision of Lot 1, Block 1, Chimney Hill Retail Plaza Joint Venture filed on July 16, 1995 in volume 807, page 543 of the Official Deed Records of Brazos County, Texas. 7. Easement #7 – 15’ utility easement dedicated by separate instrument. Easement dedicated by instrument filed on April 3, 1967 in volume 261, page 190 of the Official Deed Records of Brazos County, Texas. 8. Easement #8 – 10’ underground electrical easement dedicated by separate instrument. Easement dedicated by instrument filed on July 19, 1996 in volume 2644, page 249 of the Official Deed Records of Brazos County, Texas. 9. Easement #9 – 15’ water line and sewer easement dedicated by separate instrument. Easement dedicated by instrument filed on July 18, 1983 in volume 589, page 52 of the Official Deed Records of Brazos County, Texas. 10. Easement #10 – 15’ water line and sewer easement dedicated by separate instrument. Easement dedicated by instrument filed on July 18, 1983 in volume 589, page 52 of the Official Deed Records of Brazos County, Texas. 11. Easement #11 – 20’ public utility easement dedicated by separate instrument. Easement dedicated by instrument filed on June 12, 1995 in volume 2370, page 308 of the Official Deed Records of Brazos County, Texas. ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PUBLIC UTILITY, ELECTRICAL, WATERLINE AND SEWER EASEMENTS LYING WITHIN LOTS 1 THRU 4, BLOCK 1 OF CHIMNEY HILL RETAIL PLAZA ACCORDING TO THE PLAT RECORDED IN VOLUME 807, PAGE 543 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has processed an application for the vacation and abandonment of the public utility, electrical, waterline, and sewer easements lying within Lots 1 thru 4, Block 1 of Chimney Hill Retail Plaza, according to the plat recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, (hereinafter referred to as the “PUEs”), as described in Exhibit "A," a copy of which is attached and incorporated for all purposes; WHEREAS, the City of College Station, Texas (hereinafter referred to as CoCS) has entered into an Economic Development Agreement with PM Realty Group, LLP, which contemplates the purchase, sale, and development of the subject approximately 7.952 acre Chimney Hill Retail Plaza property (“the Project”); and WHEREAS, PM Realty Group, LLP proposes a mixed-use development of the Project and has requested abandonment of the PUEs preliminary to the associated removal, reconstruction and/or realignment of public infrastructure to further such redevelopment project. This abandonment is necessary for the preservation and enjoyment of the substantial property right of the applicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the one of the prime retail corridors; and WHEREAS, in order for the PUEs to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the PUEs described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes: 1. Abandonment of the PUEs will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the PUEs; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the PUEs: 4. As set forth in this ordinance, abandonment of the PUEs will not impact access for all public utilities to serve current and future customers; and 5. Utility infrastructure exists within several of the PUEs for which the City has a continuing need for such current public utilities to remain within said PUEs, until relocated with redevelopment, and said uses are expressly not abandoned herein. PM Realty Group, LLP intends to relocate the existing public utility infrastructure located in the Easements to a replacement Public Utility Easement acceptable to and upon final approval of the City Engineer. PART 2: That the PUEs as described in Exhibit “A” be abandoned and vacated by the City, provided the following conditions: 1. The City shall reserve a temporary blanket utility easement on the entire 7.952 acre Chimney Hill Retail Plaza until new easements are dedicated with relocation of utilities; 2. The PM Realty Group, LLP must file with the Deed of Records a fully executed transfer of title to the property described as Lots 1- 4, Block 1 of Chimney Hill Retail Plaza in accordance with Purchase and Sale Agreements appended to the Economic Development Agreement, as amended, within 30 days of September 2, 2014 unless such Purchase and Sale Agreements, as amended provide for a later date but in no event later than November 21, 2014; 3. That the prospective Applicant PM Realty Group, LLP shall, upon completion of the removal and relocation of utilities to City Standards and at the owners’ expense, convey by separate instrument or re-plat to the City public utility easements in a form acceptable to the City, including a re-dedication of the PUE along Tarrow Street in same general width and location; and 4. The existing public lines will remain to temporarily serve existing utilities until the constructed realignment and dedication is accepted by the City. PART 3: That if any of the above referenced conditions are not met and satisfied then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this _______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney .... J .111 .. :~'l.l ~ <oi&l '"'' ~"M 1UOti1AD 1)":)1 MQ~ "t? IJr.a .IWVO w.l '"I J. ...... IJ.I.\'Q l.'v'ld l\:INIJ ·ftMO.,..,.._~ ........,~.1A> ...... ...O.tni'C;JO#'N~-·· OW1li'M~ ... ..,...,.,._...~~I't'UD"l"T"1'1'1 . ~) ); .. , .... I~ i ·~ ~~ \1 ~ • 1/t 2 .. :. (. .. r c·a·:. -~ ,.,,. \.. .. H nn H ~H~ s ~ ! -nn ·HH G®®® .... c( z !2 a: , • 0 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PUBLIC UTILITY, ELECTRICAL, WATERLINE AND SEWER EASEMENTS LYING WITHIN LOTS 1 THRU 4, BLOCK 1 OF CHIMNEY HILL RETAIL PLAZA ACCORDING TO THE PLAT RECORDED IN VOLUME 807, PAGE 543 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has processed an application for the vacation and abandonment of the public utility, electrical, waterline, and sewer easements lying within Lots 1 thru 4, Block 1 of Chimney Hill Retail Plaza, according to the plat recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, (hereinafter referred to as the “PUEs”), as described in Exhibit "A," a copy of which is attached and incorporated for all purposes; WHEREAS, the City of College Station, Texas (hereinafter referred to as CoCS) has entered into an Economic Development Agreement with PM Realty Group, LLP, which contemplates the purchase, sale, and development of the subject approximately 7.952 acre Chimney Hill Retail Plaza property (“the Project”); and WHEREAS, PM Realty Group, LLP proposes a mixed-use development of the Project and has requested abandonment of the PUEs preliminary to the associated removal, reconstruction and/or realignment of public infrastructure to further such redevelopment project. This abandonment is necessary for the preservation and enjoyment of the substantial property right of the applicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the one of the prime retail corridors; and WHEREAS, in order for the PUEs to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the PUEs described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes: 1. Abandonment of the PUEs will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the PUEs; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the PUEs: 4. As set forth in this ordinance, abandonment of the PUEs will not impact access for all public utilities to serve current and future customers; and 5. Utility infrastructure exists within several of the PUEs for which the City has a continuing need for such current public utilities to remain within said PUEs, until relocated with redevelopment, and said uses are expressly not abandoned herein. PM Realty Group, LLP intends to relocate the existing public utility infrastructure located in the Easements to a replacement Public Utility Easement acceptable to and upon final approval of the City Engineer. PART 2: That the PUEs as described in Exhibit “A” be abandoned and vacated by the City, provided the following conditions: 1. The City shall reserve a temporary blanket utility easement on the entire 7.952 acre Chimney Hill Retail Plaza until new easements are dedicated with relocation of utilities; 2. The PM Realty Group, LLP must file with the Deed of Records a fully executed transfer of title to the property described as Lots 1- 4, Block 1 of Chimney Hill Retail Plaza in accordance with Purchase and Sale Agreements appended to the Economic Development Agreement, as amended, within 30 days of September 2, 2014 unless such Purchase and Sale Agreements, as amended provide for a later date but in no event later than November 21, 2014; 3. That the prospective Applicant PM Realty Group, LLP shall, upon completion of the removal and relocation of utilities to City Standards and at the owners’ expense, convey by separate instrument or re-plat to the City public utility easements in a form acceptable to the City, including a re-dedication of the PUE along Tarrow Street in same general width and location; and 4. The existing public lines will remain to temporarily serve existing utilities until the constructed realignment and dedication is accepted by the City. PART 3: That if any of the above referenced conditions are not met and satisfied then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this _______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PUBLIC UTILITY, ELECTRICAL, WATERLINE AND SEWER EASEMENTS LYING WITHIN LOTS 1 THRU 4, BLOCK 1 OF CHIMNEY HILL RETAIL PLAZA ACCORDING TO THE PLAT RECORDED IN VOLUME 807, PAGE 543 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has processed an application for the vacation and abandonment of the public utility, electrical, waterline, and sewer easements lying within Lots 1 thru 4, Block 1 of Chimney Hill Retail Plaza, according to the plat recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, (hereinafter referred to as the “PUEs”), as described in Exhibit "A," a copy of which is attached and incorporated for all purposes; WHEREAS, the City of College Station, Texas (hereinafter referred to as CoCS) has entered into an Economic Development Agreement with PM Realty Group, LLP, which contemplates the purchase, sale, and development of the subject approximately 7.952 acre Chimney Hill Retail Plaza property (“the Project”); and WHEREAS, PM Realty Group, LLP proposes a mixed-use development of the Project and has requested abandonment of the PUEs preliminary to the associated removal, reconstruction and/or realignment of public infrastructure to further such redevelopment project. This abandonment is necessary for the preservation and enjoyment of the substantial property right of the applicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the one of the prime retail corridors; and WHEREAS, in order for the PUEs to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the PUEs described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes: 1. Abandonment of the PUEs will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the PUEs; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the PUEs: 4. As set forth in this ordinance, abandonment of the PUEs will not impact access for all public utilities to serve current and future customers; and 5. Utility infrastructure exists within several of the PUEs for which the City has a continuing need for such current public utilities to remain within said PUEs, until relocated with redevelopment, and said uses are expressly not abandoned herein. PM Realty Group, LLP intends to relocate the existing public utility infrastructure located in the Easements to a replacement Public Utility Easement acceptable to and upon final approval of the City Engineer. PART 2: That the PUEs as described in Exhibit “A” be abandoned and vacated by the City, provided the following conditions: 1. The City shall reserve a temporary blanket utility easement on the entire 7.952 acre Chimney Hill Retail Plaza until new easements are dedicated with relocation of utilities; 2. The PM Realty Group, LLP must file with the Deed of Records a fully executed transfer of title to the property described as Lots 1- 4, Block 1 of Chimney Hill Retail Plaza in accordance with Purchase and Sale Agreements appended to the Economic Development Agreement, as amended, within 30 days of September 2, 2014 unless such Purchase and Sale Agreements, as amended provide for a later date but in no event later than November 21, 2014; 3. That the prospective Applicant PM Realty Group, LLP shall, upon completion of the removal and relocation of utilities to City Standards and at the owners’ expense, convey by separate instrument or re-plat to the City public utility easements in a form acceptable to the City, including a re-dedication of the PUE along Tarrow Street in same general width and location; and 4. The existing public lines will remain to temporarily serve existing utilities until the constructed realignment and dedication is accepted by the City. PART 3: That if any of the above referenced conditions are not met and satisfied then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this _______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PUBLIC UTILITY, ELECTRICAL, WATERLINE AND SEWER EASEMENTS LYING WITHIN LOTS 1 THRU 4, BLOCK 1 OF CHIMNEY HILL RETAIL PLAZA ACCORDING TO THE PLAT RECORDED IN VOLUME 807, PAGE 543 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has processed an application for the vacation and abandonment of the public utility, electrical, waterline, and sewer easements lying within Lots 1 thru 4, Block 1 of Chimney Hill Retail Plaza, according to the plat recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, (hereinafter referred to as the “PUEs”), as described in Exhibit "A," a copy of which is attached and incorporated for all purposes; WHEREAS, the City of College Station, Texas (hereinafter referred to as CoCS) has entered into an Economic Development Agreement with PM Realty Group, LLP, which contemplates the purchase, sale, and development of the subject approximately 7.952 acre Chimney Hill Retail Plaza property (“the Project”); and WHEREAS, PM Realty Group, LLP proposes a mixed-use development of the Project and has requested abandonment of the PUEs preliminary to the associated removal, reconstruction and/or realignment of public infrastructure to further such redevelopment project. This abandonment is necessary for the preservation and enjoyment of the substantial property right of the applicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the one of the prime retail corridors; and WHEREAS, in order for the PUEs to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the PUEs described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes: 1. Abandonment of the PUEs will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the PUEs; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the PUEs: 4. As set forth in this ordinance, abandonment of the PUEs will not impact access for all public utilities to serve current and future customers; and 5. Utility infrastructure exists within several of the PUEs for which the City has a continuing need for such current public utilities to remain within said PUEs, until relocated with redevelopment, and said uses are expressly not abandoned herein. PM Realty Group, LLP intends to relocate the existing public utility infrastructure located in the Easements to a replacement Public Utility Easement acceptable to and upon final approval of the City Engineer. PART 2: That the PUEs as described in Exhibit “A” be abandoned and vacated by the City, provided the following conditions: 1. The City shall reserve a temporary blanket utility easement on the entire 7.952 acre Chimney Hill Retail Plaza until new easements are dedicated with relocation of utilities; 2. The PM Realty Group, LLP must file with the Deed of Records a fully executed transfer of title to the property described as Lots 1- 4, Block 1 of Chimney Hill Retail Plaza in accordance with Purchase and Sale Agreements appended to the Economic Development Agreement, as amended, within 30 days of September 2, 2014 unless such Purchase and Sale Agreements, as amended provide for a later date but in no event later than November 21, 2014; 3. That the prospective Applicant PM Realty Group, LLP shall, upon completion of the removal and relocation of utilities to City Standards and at the owners’ expense, convey by separate instrument or re-plat to the City public utility easements in a form acceptable to the City, including a re-dedication of the PUE along Tarrow Street in same general width and location; and 4. The existing public lines will remain to temporarily serve existing utilities until the constructed realignment and dedication is accepted by the City. PART 3: That if any of the above referenced conditions are not met and satisfied then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this _______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PUBLIC UTILITY, ELECTRICAL, WATERLINE AND SEWER EASEMENTS LYING WITHIN LOTS 1 THRU 4, BLOCK 1 OF CHIMNEY HILL RETAIL PLAZA ACCORDING TO THE PLAT RECORDED IN VOLUME 807, PAGE 543 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has processed an application for the vacation and abandonment of the public utility, electrical, waterline, and sewer easements lying within Lots 1 thru 4, Block 1 of Chimney Hill Retail Plaza, according to the plat recorded in Volume 807, Page 543, of the Official Records of Brazos County, Texas, (hereinafter referred to as the “PUEs”), as described in Exhibit "A," a copy of which is attached and incorporated for all purposes; WHEREAS, the City of College Station, Texas (hereinafter referred to as CoCS) has entered into an Economic Development Agreement with PM Realty Group, LLP, which contemplates the purchase, sale, and development of the subject approximately 7.952 acre Chimney Hill Retail Plaza property (“the Project”); and WHEREAS, PM Realty Group, LLP proposes a mixed-use development of the Project and has requested abandonment of the PUEs preliminary to the associated removal, reconstruction and/or realignment of public infrastructure to further such redevelopment project. This abandonment is necessary for the preservation and enjoyment of the substantial property right of the applicant; and WHEREAS, the Project will provide a public benefit to the citizens of CoCS by redeveloping property in the one of the prime retail corridors; and WHEREAS, in order for the PUEs to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the PUEs described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes: 1. Abandonment of the PUEs will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the PUEs; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the PUEs: 4. As set forth in this ordinance, abandonment of the PUEs will not impact access for all public utilities to serve current and future customers; and 5. Utility infrastructure exists within several of the PUEs for which the City has a continuing need for such current public utilities to remain within said PUEs, until relocated with redevelopment, and said uses are expressly not abandoned herein. PM Realty Group, LLP intends to relocate the existing public utility infrastructure located in the Easements to a replacement Public Utility Easement acceptable to and upon final approval of the City Engineer. PART 2: That the PUEs as described in Exhibit “A” be abandoned and vacated by the City, provided the following conditions: 1. The City shall reserve a temporary blanket utility easement on the entire 7.952 acre Chimney Hill Retail Plaza until new easements are dedicated with relocation of utilities; 2. The PM Realty Group, LLP must file with the Deed of Records a fully executed transfer of title to the property described as Lots 1- 4, Block 1 of Chimney Hill Retail Plaza in accordance with Purchase and Sale Agreements appended to the Economic Development Agreement, as amended, within 30 days of September 2, 2014 unless such Purchase and Sale Agreements, as amended provide for a later date but in no event later than November 21, 2014; 3. That the prospective Applicant PM Realty Group, LLP shall, upon completion of the removal and relocation of utilities to City Standards and at the owners’ expense, convey by separate instrument or re-plat to the City public utility easements in a form acceptable to the City, including a re-dedication of the PUE along Tarrow Street in same general width and location; and 4. The existing public lines will remain to temporarily serve existing utilities until the constructed realignment and dedication is accepted by the City. PART 3: That if any of the above referenced conditions are not met and satisfied then this Ordinance will automatically be null and void, and the PUEs will not be abandoned. PASSED, ADOPTED and APPROVED this _______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-541 Name:Rental Registration Ordinance Status:Type:Ordinance Agenda Ready File created:In control:6/12/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station. Sponsors:Lance Simms Indexes: Code sections: Attachments:Exhibit A.pdf Rental Registration Ordinance.pdf Action ByDate Action ResultVer. Public Hearing,presentation, possible action, and discussion regarding an ordinance amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station. Relationship to Strategic Goals: ··Neighborhood Integrity Recommendation(s): Staff recommends approval Summary: This ordinance was originally presented at the 12 June City Council meeting. The ordinance presented on the 12th proposed the following changes: · An administrative penalty (citation) provision, · A requirement that the a notarized affidavit be provided as part of the registration, and · A requirement that a copy of the current lease(s) be provided upon request Following discussion,the City Council tabled the item until the 26 June meeting and directed staff to further explore options regarding the lease and notarized affidavit. The attached ordinance contains the following changes: ··An administrative penalty (citation) provision ··A requirement that a copy of the lease be presented to the administrator for review upon request ··An effective date of 45 days after adoption College Station, TX Printed on 6/20/2014Page 1 of 2 powered by Legistar™ File #:14-541,Version:1 The requirement regarding the notarized affidavit has been removed in favor of a strongly-worded acknowledgement that will be included on the rental registration form. A copy of the acknowledgement language will be available at the City Council meeting. Budget & Financial Summary: "Effective enforcement of this ordinance will require additional resources. While some of the anticipated workload may be absorbed within current budgets, it is anticipated that additional code enforcement personnel will be requested as part of the FY '15 budget process." Attachments: Ordinance College Station, TX Printed on 6/20/2014Page 2 of 2 powered by Legistar™ Page 1 of 4 EXHIBIT “A” That Chapter 4, “Business Regulations,” Section 4.19, “RENTAL REGISTRATION OF SINGLE- FAMILY AND DUPLEX DWELLING UNITS”, of the Code of Ordinances of the Code of the City of College Station, Texas, is hereby amended as set out hereafter to read as follows: “SECTION 19: RENTAL REGISTRATION OF SINGLE-FAMILY AND DUPLEX DWELLING UNITS A. PURPOSE The purpose of this Section is to establish a registration requirement for owners of Rental Properties so that the City may expeditiously identify and contact the Owner, if local, or Owner’s local contact person to obtain tenant information in the event of an emergency or when a disproportionate number of city, state or federal law violations have occurred on or in the property. It is not the intent of this section to determine the rights and liabilities of persons under agreements to which the City is not a party. This section shall not be construed to alter the terms of any lease or other agreement between a landlord and a tenant or others relating to property that is the subject of this section; provided that no provision of any lease or other agreement shall be construed to excuse non-compliance with this section. B. DEFINITIONS (1) Administrator: The City Manager or his designee (2) Rental Property: Any single-family or duplex dwelling unit that is not owner occupied, whether or not rent is charged. Rental Property includes, but is not limited to: properties rented to students, families, or any other persons; properties in which a family member of the owner resides in the home but the owner does not (regardless of whether additional persons also reside in the home); properties used as vacation rentals or game-day rentals, and properties where a property caretaker lives in the home but the owner does not. (3) Duplex Dwelling: As defined in Article 11, “Definitions” of the Unified Development Ordinance. (4) Single-Family Dwelling: As defined in Article 11, “Definitions” of the Unified Development Ordinance. C. REGULATIONS (1) Each owner or real estate manager of Rental Property is required to annually register the property with the City on a form provided by the Administrator. A new registration is also required upon any change in the conditions listed below: The information required to register the Rental Property is as follows: (a) Address of the Rental Property; Page 2 of 4 (b) Owner and contact information for the owner; (c) Type of rental property such as single-family or duplex; (d) Local contact person with contact information, in the case of an absentee owner. The local contact person cannot be someone who is listed on the lease. Local contact must reside within thirty (30) miles of the College Station City Hall; (2) Tenant names, the contact information for all persons listed on the current lease(s), and all current lease(s) shall be presented to the Administrator for review upon request. (3) Other information shall likewise be provided, as deemed necessary by the Administrator. (4) A fee of Fifteen Dollars ($15.00) shall be assessed at the time of any required registration. D. ENFORCEMENT The Administrator shall have the authority to issue citations for the violation of the provisions of this Section. An individual’s signature on a copy of the citation given to him is acknowledgement of receipt of the same and a promise to contact the Administrator to either pay or arrange for the entry of a plea and a hearing, within ten (10) days of the date of the citation. Failure or refusal to sign shall be noted and a copy filed with the Administrator, as due and payable within ten (10) days, absent a timely appeal, the lack of signature notwithstanding. E. PENALTIES (1) Administrative penalties for code violations may be imposed, in addition to the criminal prosecution authorized by Section 1-5 of this Code. The following criteria shall be considered: (a) The extent to which the person has benefited from the violation; (b) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation; (c) The recidivism of the person, including previous compliance and enforcement action; (d) Good faith efforts to remedy the violation; (e) The duration of the violation after a notice and order of compliance was served. (2) The amount of the citation shall be as follows: OFFENSE PAYMENT WITHIN 10 DAYS/ PAYMENT AFTER 10 DAYS First $180 / $200 Page 3 of 4 Second $330 / $350 Third and Subsequent $480 / $500 (3) Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. F. VIOLATIONS a. It is a violation of this section to: (1) Fail to register a Rental Property when required by subsection 19C; (2) Fail to present and/or provide documents requested pursuant to subsection 19C(2) or 19C(3); (3) Provide false information to the Administrator under this Section; or (4) Continue non-compliance with this Section, following either an administrative or judicial finding of non-compliance or plea of guilty. b. A plea of no contest shall be treated as a plea of guilty for purposes of this Section. G. ADMINISTRATIVE ADJUDICATION OF VIOLATIONS (1) A person who receives an administrative citation or summons under Section 19E above is entitled to an administrative hearing. (2) The Administrator shall implement and enforce the provisions of this section, establishing necessary procedures consistent with this Section. (3) One (1) or more Hearing Officers shall be appointed by the Administrator to administratively adjudicate all violations for which an administrative citation or summons is issued. (4) A Hearing Officer shall have the authority to: (a) Administer oaths; (b) Accept admissions and hear and determine contests of violations under this Section, and (c) Issue orders enforceable by the Municipal Court compelling the attendance of witnesses and the production of documents. (5) The administrative adjudication process is initiated by the issuance of an administrative citation or summons by a City Code Enforcement Officer or licensed Peace Officer. An administrative citation or summons serves as notice of administrative adjudication hearing under this section. (6) An administrative citation or summons shall include the following information: (a) The nature, date, time and location of the alleged violation; (b) A statement that a person charged with a civil offense under the City’s Code of Ordinances is entitled to an administrative adjudication hearing to determine liability for the charged offense and that such right to a hearing shall be exercised by personally appearing at College Station Municipal Court within ten (10) days from the date of the citation. Page 4 of 4 (c) A notification that failure to answer the citation or to appear at the administrative adjudication hearing is considered an admission of liability for the violation and will result in the assessment of civil fines, costs and fees. (7) An administrative citation or summons may be served personally on the owner of the Rental Property or the owner’s legal registered agent. The citation or summons may be served by personal service, regular and/or certified mail. (8) The original or a copy of the citation, including an electronic copy is a governmental record kept in the ordinary course of City business and is rebuttable proof of the facts it contains. (9) The original and all copies of any administrative citation or summons are prima facie evidence that it was issued and that service was made in accordance with this subsection.” ORDINANCE NO. ______________ AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS,” SECTION 4.19, “RENTAL REGISTRATION OF SINGLE-FAMILY AND DUPLEX DWELLING UNITS” 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. WHEREAS, Section 215.075 of the Texas Local Government Code authorizes home rule municipalities to regulate any lawful business or occupation that is subject to the police power of the municipality; and WHEREAS, Sections 51.001, 54.001 and 54.004 of the Texas Local Government Code authorize home rule municipalities to enforce ordinances necessary to protect health, life, and property and to preserve the good government, order, and security of the municipality and its inhabitants; and WHEREAS, it is the purpose of this Ordinance and the policy of the City of College Station, so as to protect and promote the public health, safety, and welfare of its citizens, to establish rights and obligations of owners relating to Rental Properties; and WHEREAS, as a means to those ends, this Ordinance provides for registration of Rental Properties, and sets penalties for violations. It also sets forth requirements of all non-local owners of Rental Properties to designate a local agent for purposes of this Ordinance and prescribes duties of owners and agents; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, “Business Regulations,” Section 4.19, “Rental registration of single-family and duplex dwelling units” of the Code of Ordinances of the City of College Station be amended as set out in Exhibit “A”, attached hereto and made a part of this Ordinance for all purposes. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue shall be deemed a separate offense. Said ORDINANCE NO. ____________ 2 Ordinance becomes effective forty-five (45) days after its date of passage by the City Council. PASSED, ADOPTED and APPROVED this _______day of _________________, 2014. ATTEST: APPROVED: __________________________ __________________________ City Secretary Mayor APPROVED: __________________________ City Attorney 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-532 Name:P&Z Appointment Status:Type:Appointment Agenda Ready File created:In control:6/10/2014 City Council Regular On agenda:Final action:6/26/2014 Title:Presentation, possible action and discussion regarding appointments to the following boards and commissions: ··Planning and Zoning Commission Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action and discussion regarding appointments to the following boards and commissions: ··Planning and Zoning Commission Relationship to Strategic Goals: ··Good Governance Recommendation(s): None Summary: Brad Corrier has resigned his position with the Planning and Zoning Commission. For purposes of maintaining a quorum, it is necessary to appoint someone to fill his unexpired term. Budget & Financial Summary: None Attachments: College Station, TX Printed on 6/20/2014Page 1 of 1 powered by Legistar™