The URL can be used to link to this page

Home My WebLink About09/11/2014 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, September 11, 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: ·March 13, 2014 Regular Council Meeting (Amended) ·August 25, 2014 Workshop ·August 25, 2014 Regular Council Meeting ·September 3, 2014 Special Meeting 14-6452a. completed RM031314 DRAFT Minutes.pdf WKSHP082514 DRAFT Minutes.pdf RM082514 DRAFT Minutes.pdf SM090314 DRAFT Minutes.pdf Attachments: Presentation, possible action, and discussion of a resolution and amendment to the Economic Development Agreement between the City of College Station and Kalon Biotherapeutics. 14-6602b. Sponsors:Gilman Page 1 College Station, TX Printed on 9/8/2014 September 11, 2014City Council Regular Meeting Agenda - Final BioCorridor incentives resolution KALON 09 11 14.docx Amendment #1 Draft 08 27 14.docx Attachments: Presentation, possible action, and discussion regarding updating water tap fees to reflect current costs by amending Chapter 11, “Utilities” Section 2 “Water And Sewer Services ”, D “Water and Sewer Rates, Usage Charges and Fees ”, 4 “Water and Sewer Tap Fees, Meter Set-In Fees, and Sewer Inspection Fees ”, A (1) “Fee for Water Tap” of the Code of Ordinances. 14-6342c. Sponsors:Coleman 8 26 14 Water Tap Fee Ordinance.docxAttachments: Presentation, possible action, and discussion on the consideration of an ordinance 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 Cross Street and Dogwood Street. 14-6372d. Sponsors:Rother All-Way Stop Sign Ord Map - Cross @ Dogwood.pdf All-Way Stop Sign Ord - Cross @ Dogwood.docx Attachments: Presentation, possible action and discussion regarding a real estate contract for the purchase of right -of-way along Rock Prairie Road between State Highway 6 and Normand Drive. 14-6382e. Sponsors:Harmon RPRW ROW.pdfAttachments: Presentation, possible action and discussion regarding the service contract (Contract No. 14-372) with Cal’s Body Shop for annual automobile and truck paint and body repairs in an amount not to exceed $60,000. 14-6392f. Sponsors:Harmon Presentation, possible action, and discussion regarding the approval of Election Judges for the November 4, 2014 General Election. Presentación, posible acci ón y diálogo con respecto a la aprobación de Jueces para las Elecciones Generales del 4 de noviembre de, 2014. 14-6412g. Sponsors:Mashburn Election Judges & Alternates Recommendations Appointment of Central Count Attachments: Page 2 College Station, TX Printed on 9/8/2014 September 11, 2014City Council Regular Meeting Agenda - Final Presentation, possible action, and discussion on renewal of an Enterprise Agreement (EA) for Microsoft software with SHI Government Solutions for a three year period totaling $93,818.70. 14-6442h. Sponsors:Roper SHI Quote-8394371.pdf Microsoft EA Documents.pdf Attachments: Presentation, possible action and discussion on a bid award for the annual purchase of single phase transformers, which will be maintained in electrical inventory to be issued and expended as needed. The award is being recommended to Techline as the lowest responsible bidder for a not to exceed amount of $240,433. 14-6492i. Sponsors:Kersten Tabsheet Single Phase Transformer.pdfAttachments: Regular 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. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "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 E Estate 14-6421. Page 3 College Station, TX Printed on 9/8/2014 September 11, 2014City Council Regular Meeting Agenda - Final for approximately 71 acres being all of the remainder of a 39.44-acre tract as described as Tract One and the remainder of a 29.29-acre tract as described as Tract Two by a deed of Joe & Janet Johnson Land & Investments, LP recorded in volume 7803, page 244, a 2.84-acre tract as described by a deed to Joe & Janet Johnson Land & Investments, LP recorded in volume 8017, page 273, and a 0.216-acre tract as described by a deed to Joe & Janet Johnson Land & Investments, LP recorded in volume 8317, page 62 of the Official Public Records of Brazos County, Texas, generally located at 8601 Rock Prairie Road. Sponsors:Schubert Background Information Aerial & Small Area Map Ordinance Attachments: Public Hearing, presentation, possible action, and discussion on the City of College Station FY2014-2015 Proposed Budget. 14-6472. Sponsors:Kersten Public Hearing, presentation, possible action and discussion on the City of College Station 2014 advertised ad valorem tax rate of $0.4525 per $100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. 14-6483. Sponsors:Kersten Public Hearing, presentation, possible action, and discussion regarding the award of Bid No. 14-071 to Halcon Energy Properties, Inc. for the lease of oil, gas, and related hydrocarbon mineral interests. 14-6594. Sponsors:Jarmon and Gibbs Maps.pdfAttachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of College Station, Texas, by amending section 9, "Tobacco products and smoking"; to prohibit the sale of electronic cigarettes to, possession of and use of by minors; providing a severability clause; declaring a penalty; and providing an effective date. 14-6465. Sponsors:Jarmon Electronic Cigarettes OrdinanceAttachments: Page 4 College Station, TX Printed on 9/8/2014 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-645 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:8/26/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action, and discussion of minutes for: ··March 13, 2014 Regular Council Meeting (Amended) ··August 25, 2014 Workshop ··August 25, 2014 Regular Council Meeting ··September 3, 2014 Special Meeting Sponsors: Indexes: Code sections: Attachments:completed RM031314 DRAFT Minutes.pdf WKSHP082514 DRAFT Minutes.pdf RM082514 DRAFT Minutes.pdf SM090314 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ··March 13, 2014 Regular Council Meeting (Amended) ··August 25, 2014 Workshop ··August 25, 2014 Regular Council Meeting ··September 3, 2014 Special Meeting Relationship to Strategic Goals: ··Good Governance Recommendation(s): Approval. Please note that the amended minutes of March 13, 2014 must be approved by a 2/3 vote. Summary: The March 13, 2014 minutes are being amended to reflect the correct ordinance numbers. Budget & Financial Summary: None Attachments: College Station, TX Printed on 9/8/2014Page 1 of 1 powered by Legistar™ RM031314 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 13, 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 Ian Whittenton, Records Management Coordinator Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Berry at 7:06 p.m. on Thursday, March 13, 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. Citizen Comments Ben Roper, 5449 Prairie Dawn Court, honored the life and sacrifice of Specialist Rodrigo Gonzalez, Jr., who died in the service of his country. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  February 27, 2014 Workshop  February 27, 2014 Regular Council Meeting RM031314 Minutes Page 2 2b. Presentation, possible action, and discussion on Ordinance 2014-35573558, amending Chapter 1, Section 1-23, "Creation of a Historic Preservation Committee", of the Code of Ordinances of the City of College Station, Texas, by amending certain sections as set out below; providing a severability lause; declaring a penalty; and providing an effective date. 2c. Presentation, possible action and discussion on the cancellation of award with Stuart C. Irby; re-award of the annual purchase of various transformers and ratification of purchase of emergency transformers. The revised total recommended for re-award is $546,504.03. 2d. Presentation, possible action and discussion on the first reading of an ordinance granting a non-exclusive natural gas franchise to Atmos Energy Corporation Mid-Tex Division. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public hearing, presentation, possible action, and discussion regarding Resolution 03-13- 14-1, granting conditional consent to the creation of Brazos County Municipal Utility District No. 1, consisting of approximately 553 acres and located at 17529 State Highway South, in the City’s extraterritorial jurisdiction. This item was pulled from the agenda. 2. Public hearing, presentation, possible action, and discussion, regarding Ordinance 2014- 35583557, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “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 SC Suburban Commercial for approximately 1.3 acres in the Robert Stevenson League, Abstract No. 54 as described by a deed to Akaal Holdings, LLC recorded in Volume 10876, Page 89 of the office of public records of Brazos County Texas, located at 13913 Wellborn Road. Morgan Hester, Planning and Development Services,, provided a brief background on this item. The Planning and Zoning Commission heard this item at their February 20 meeting and approved the re-zoning six (6) to one (1). At approximately 7:17 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:17 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Nichols voting against, to adopt Ordinance 2014-35583557, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “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 SC Suburban Commercial for approximately 1.3 acres in the Robert Stevenson League, Abstract No. 54 as RM031314 Minutes Page 3 described by a deed to Akaal Holdings, LLC recorded in Volume 10876, Page 89 of the office of public records of Brazos County Texas, located at 13913 Wellborn Road. The motion carried. 3. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 7:19 p.m. on Thursday, March 13, 2014. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary WKSHP082514Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION AUGUST 25, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, absent City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney 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 5:01 p.m. on Monday, August 25, 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, the College Station City Council convened into Executive Session at 5:02 p.m. on Monday, August 25, 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.  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 WKSHP082514Minutes Page 2  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  Margaret L. Cannon v. Deputy Melvin Bowser, Officer Bobby Williams, Officer Tristan Lopez, Mr. Mike Formicella, Ms. Connie Spence, Cause No. 13 002189 CV 272, In the 272nd District Court of Brazos County, Texas  Bobby Trant v. BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes County, Texas, 12th Judicial District  Robyn Taylor, et al vs. Boomfit, Carlos Lima and Alicia Lima and Lincoln Recreational Center, Cause No. 13 003118 CV 85, In the 85th District Court of Brazos County, Texas The Executive Session adjourned at 5:50 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 2f, 2h, and 2i were pulled for clarification. (2f): Jeff Kersten, Assistant City Manager, explained the assignment from Citibank to Branch Banking & Trust. This will maintain the status quo until an RFA for banking services goes out. (2h/2i): Donald Harmon, Public Works Director, stated that Chimney Hill will be removed from the specs. It was also noted that departmental points-of-contact will be utilized for better feedback regarding janitorial issues. 5. Council Calendar Council reviewed the calendar. 6. 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. No items were requested. 7. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, WKSHP082514Minutes Page 3 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. There were no reports. 8. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 6:12 p.m. on Monday, August 25, 2014. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM082514 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION AUGUST 25, 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 to order by Mayor Berry at 7:00 p.m. on Monday, August 25, 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. Presentation of a Historic Marker plaque by the Historic Preservation Committee to Carla Fisher for her residence at 1213 Winding Rd., College Station, Texas. Tina Evans, Historic Preservation Committee member, provided a brief overview of the Historic Marker program. Mayor Berry presented Marker No. 88 to Carla Fisher for her residence located at 1213 Winding Road. Citizen Comments Michelle Raisor, 506 Bolton, spoke to Council about the distinct character of different cities in earlier years. Now all cities look the same with one box store after another. American towns are RM082514 Minutes Page 2 losing their character. She remembers what she loves about College Station . . . the character and the flavor. It disturbs her that her neighborhood is now being filled with two-story houses with four bedrooms, four baths. This is destroying the integrity of our neighborhoods. It is all one box that look the same. She requested that Council provide guidelines to developers so they may renovate, not destroy. Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of Private First Class Anthony Miller. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  August 14, 2014 Workshop  August 14, 2014 Regular Council Meeting  August 18, 2014 Budget Workshop  August 19, 2014 Budget Workshop  August 20, 2014 Budget Workshop 2b. Presentation, possible action, and discussion regarding approval of a 3-year agreement in an amount not to exceed $64,450 with Selectron Technologies, Inc. to purchase the IVR solution for customer inquiry and for over the phone payment of Utility Bills. 2c. Presentation, possible action, and discussion on a Professional Services Contract, Contract No. 14-357 with Kimley-Horn and Associates, Inc., in the amount of $273,850 for the design, bidding, and construction phase services associated with the Rock Prairie Road West Widening Project. 2d. Presentation, possible action, and discussion on Semi-Annual Report for Impact Fees 92-01, 97-01, 97-02B, 99-01, and 03-02. 2e. Presentation, possible action, and discussion regarding approval of a $19,000 funding increase to Miller Uniforms for the purchase of police uniforms, for a new amount not to exceed $67,000. 2f. Presentation, possible action and discussion on the assignment of the bank depository contract between the City, Citibank N.A. and Branch Banking and Trust (“‘BB&T”), and the Agreement to extend the depository contract between City and BB&T. 2g. Presentation, possible action, and discussion regarding purchase of equipment to monitor and analyze electrical usage in water production and wastewater treatment, with a total cost of $91,670. 2h. Presentation, possible action, and discussion regarding the second renewal of Service Contract 12-302 for annual janitorial services for the Northgate District and the Chimney Hill Center with Shelby Building Maintenance and Janitorial, Inc dba Professional Floor Service & Janitorial in an amount not to exceed $59,627. RM082514 Minutes Page 3 2i. Presentation, possible action, and discussion of the second renewal of Service Contract 12-278 between the City of College Station and Shelby Building Maintenance & Janitorial, Inc. d/b/a Professional Floor Service & Janitorial LLC in the amount of $145,444.00 for the purpose of Annual Janitorial Maintenance Service of City buildings. 2j. Presentation, possible action, and discussion on approving three contracts between the City of College Station and N. Harris Computer Corporation: a “Cayenta Software License Agreement”, ($191,040.00) for the software licenses, a “Cayenta Software Implementation Services Agreement”, ($645,696.00), and a “Cayenta Support and Maintenance Agreement”, (1st Yr Maint. - $47,760.00) for the software licenses, support and implementation services, and software maintenance and support services for Cayenta Software Products; and approving Resolution 08-25-14-2j, authorizing the City Manager to approve contract documents and expenditures related to the N. Harris Computer Corporation contracts. Item 2d was pulled from the agenda. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2d. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3596, amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban to Suburban Commercial for the property located at 3751 Rock Prairie Road West, generally located at the southwest corner of Rock Prairie Road West and Holleman Drive South. Jennifer Prochazka, Planning and Development Services, stated that this request is to amend the Comprehensive Plan – Future Land Use and Character Map from Restricted Suburban to Suburban Commercial. The Planning and Zoning Commission considered this item at their August 7 meeting and voted unanimously to recommend approval of the amendment to the Comprehensive Plan. At approximately 7:27 p.m., Mayor Berry opened the Public Hearing. Rabon Metcalf, engineer for the development, spoke in favor of the project. There being no further comments, the Public Hearing was closed at 7:27 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3596, amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban to Suburban Commercial for the property located at 3751 Rock Prairie Road West, generally located at the southwest corner of Rock Prairie Road West and Holleman Drive South. The motion carried unanimously. RM082514 Minutes Page 4 2. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of College Station, Texas, by amending section 9, "Tobacco products and smoking"; to regulate electronic cigarettes as tobacco, restricting their public use as specified and prohibiting their sale to and possession and use of by minors; providing a severability clause; declaring a penalty; and providing an effective date. Chris Jarmon, Assistant to the City Manager, reported that Staff recommends that e-cigarettes be regulated under Chapter 7-Health and Sanitation and specifically recommends three limitations regarding the sale, possession, and use of e-cigarettes. If approved, this ordinance will become effective within twenty days of passage. At approximately 7:41 p.m., Mayor Berry opened the Public Hearing. Chris Scotti, 305 Gleeson Court, representing the Northgate District Association, said they asked for input from their members and took a vote today. The decision of the Board was to stay neutral. Suggested change is to affect specific businesses whose bottom line may be affected. Frank Hageal, 3815 Stoney Creek, owns a social lounge. He stated that the e-hookah is 99% safer than the usual hookah and contains zero nicotine or other toxic materials. It is very safe. This will affect his business, and he asked for an exemption. Jordan Paultz, 110 College Main, stated that the e-hookah provides a valued service to tables. The mist is 100% nicotine-free and is non-hazardous to their customers. It is a substitute to smoking and is seen as a safer option and is less expensive. It also gives way to satiate cravings. He asked for exemption. Jonathan Payne, 1301 Harvey Road, Apt. 237, reported he was a smoker for six years at two packs a day. He developed asthma and needed an inhaler. He started vaping last year and no longer needs the inhaler. He named a number of vegetables that also contain nicotine, and noted that some doctors recommend nicotine to promote growth of the brain. He also noted that over consumption of nicotine can be lethal. The flavorings are derived from natural fruits, etc., and they don’t sell to minors. Kristine Donatello, 6715 Windrift Way #16, with the American Cancer Society, expressed their support of this ordinance. The FDA has announced they intend to put e-cigarettes in the same category as cigarettes. The similarities have been confusing business owners and cities across Texas. They are not asking for a ban on e-cigarettes, but that it be included in the ban wherever cigarettes are banned. She noted that the number of youths using e-cigarettes has tripled, and the middle and high school students that have never smoked are twice as likely to use cigarettes later if they use e-cigarettes. There being no further comments, the Public Hearing was closed at 7:55 p.m. A motion was made by Councilmember Brick and seconded by Councilmember Nichols to adopt an ordinance amending Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of College Station, Texas, by amending section 9, "Tobacco products and smoking"; to regulate electronic cigarettes as tobacco, restricting their public use as specified and prohibiting RM082514 Minutes Page 5 their sale to and possession and use of by minors; providing a severability clause; declaring a penalty; and providing an effective date, amended to strike the definition and insert the definition proposed by the American Cancer Association, noted below: “Electronic Smoking Device”- means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted two (2) for and five (5) opposed, with Mayor Berry and Councilmembers Brick, Aldrich, Nichols, and Schultz voting against, to amend the main motion by removing #C and all related sections. The motion failed. MOTION: Upon a motion made by Councilmember Aldrich and a second by Mayor Berry, the City Council voted seven (7) for and none (0) opposed, to postpone this item to the September 11 Council meeting. The motion carried unanimously. 3. Presentation, possible action, and discussion regarding an economic development agreement between the City of College Station and StataCorp, LP. Randall Heye, City Manager’s Office, reported that StataCorp has expressed an interest in expanding its headquarters and employee amenities currently located at 4905 Lakeway Drive onto the adjacent 210 Technology Way for a larger corporate campus. In order to do so, staff is recommending to City Council the abandonment of a portion of Technology Way, expedited permitting and waiver of the right-of-way abandonment application fee, and the dedication of approximately 30 acres of greenways to parkland. StataCorp would be responsible for the construction of a new commercial office building valued at $3,000,000, and an addition of fifteen new professional positions or an annual payroll increase of $1,000,000 within the terms of the agreement. Staff recommends approval of the Economic Development Agreement with StataCorp. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted six (6) for and none (0) opposed, with Councilmember Brick recusing herself, to approve the Economic Development Agreement with StataCorp. The motion carried. 4. Presentation, possible action, and discussion regarding an appointment to the BVSWMA, Inc., Board of Directors. 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 appoint Karl Mooney to the BVSWMA, Inc. Board of Directors for a one-year term and Rick Floyd to the BVSWMA, Inc. Board of Directors for a three-year term. The motion carried unanimously. RM082514 Minutes Page 6 5. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:31 p.m. on Monday, August 25, 2014. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary SM090314Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING CITY OF COLLEGE STATION SEPTEMBER 3, 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 Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Tanya McNutt, Deputy City Secretary Ian Whittenton, Records Management Coordinator 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Berry at 6:00 p.m. on Wednesday, September 3, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. Pledge of Allegiance and Invocation. 2. Public Hearing, presentation, possible action, and discussion on the City of College Station 2014 proposed tax rate of $0.4525 per $100 assessed valuation resulting in an increase in tax revenues. Jeff Kersten, Assistant City Manager, provided a review of the proposed tax rate for the FY14-15 budget. The current effective tax rate is $.0425958 per $100 assessed valuation and the proposed tax rate is $0.452500 per $100 assessed valuation. This is an increase of $0.026542 per $100 assessed valuation and is estimated to provide an additional $1.6 million in revenues. The certified property valuation totaled $6.56 billion, which is a total increase of $330,622,559 or SM090314Minutes Page 2 approximately a 5.3% increase in value over last year. If adopted, the proposed tax rate per $100 of assessed valuation would be 45.2500 cents and would provide 19.3053 cents for debt service and 25.9447 cents for the general fund. The Proposed Tax Rate Funds:  Keeping up with growth  Public Safety/Police o Additional personnel and equipment for the Police Department. – Traffic Patrol, Animal Control, and support positions – Patrol cars, motorcycles, tasers  Public Safety/Fire o Additional personnel for EMS/Safety Officer program and for initial staffing for new ladder truck  Transportation/Mobility o Additional street maintenance and repair funds, and initial funding for new intelligent transportation system.  Improved park facilities and equipment  Competitive Pay and Benefits o 3.5% average performance pay o Continue Police Step Plan, Fire and Electric Plans o Increase pay scale for sworn police and fire Mr. Kersten summarized that the proposed budget and tax rate would allow the city to keep pace with growth and be well positioned to meet increased service demands over the next several years. Staff recommends approval. At approximately 6:07 p.m., Mayor Berry opened the Public Hearing. Richard Dusold, 4602 Oakmont, addressed the council with his concerns about what he feels is a lack of transparency and a lack of clarity in the presentations from staff on the effect of the proposed tax rate in real dollars. He challenged the council to not approve the proposed budget. J. Michael Bozardt, 2409 Friar, spoke to the council on his concerns regarding the distribution of the tax base among residents, students, and landlords. He also listed multiple taxes already levied on the citizens by the city and other government agencies. There being no further comments, the Public Hearing was closed at 6:13 p.m. Mayor Berry announced that council will take a vote on the tax rate on September 22, 2014 in Council Chambers at 7:00 p.m. 3. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Special Meeting of the City Council at 6:15 p.m. on Wednesday, September 3, 2014. SM090314Minutes Page 3 ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-660 Name:Kalon Biotherapeutics Status:Type:Resolution Consent Agenda File created:In control:8/28/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action, and discussion of a resolution and amendment to the Economic Development Agreement between the City of College Station and Kalon Biotherapeutics. Sponsors:Chuck Gilman Indexes: Code sections: Attachments:BioCorridor incentives resolution KALON 09 11 14.pdf Amendment #1 Draft 08 27 14.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of a resolution and amendment to the Economic Development Agreement between the City of College Station and Kalon Biotherapeutics. Relationship to Strategic Goals: ··Diverse Growing Economy Recommendation(s): Staff recommends approval of the resolution and amendment. Summary: Earlier this year the City of College Station and Kalon Biotherapeutics entered into an economic development agreement to aid in the “development of commercial enterprises and redevelopment projects within the geographic boundaries of [the] City and its extraterritorial jurisdiction.” The amendment replaces said language with language directly from Chapter 380 of the Texas Local Government Code. The amended language recognizes the City's authority to grant public funds to “promote state and local economic development and to simulate business and commercial activity in College Station.” Furthermore, the economic development agreement is contingent upon the City of Bryan entering into an agreement with Kalon to grant its shared revenue to Kalon. Article V of the Interlocal Cooperation and Joint Development Agreement between the Cities of College Station and Bryan requires the City of College Station to approve in writing Bryan's granting of incentives to Kalon. Adoption of the attached resolution will provide the required approval. The City of Bryan will be required to adopt a similar resolution approving College Station's grant to Kalon. Budget & Financial Summary: N/A Attachments: Resolution Amendment College Station, TX Printed on 9/8/2014Page 1 of 2 powered by Legistar™ File #:14-660,Version:1 College Station, TX Printed on 9/8/2014Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, CONSENTING TO THE CITY COUNCIL OF THE CITY OF BRYAN PROVIDING ECONOMIC DEVELOPMENT INCENTIVES TO A BUSINESS PROSPECT LOCATED IN THE JOINT RESEARCH VALLEY BIOCORRIDOR DEVELOPMENT PROJECT. WHEREAS, the City of College Station, Texas, and the City of Bryan, Texas entered into an agreement (ILA) which sets forth the understandings and obligations of the Cities with respect to certain infrastructure projects and a joint economic development program known as the Joint Research Valley BioCorridor Development Project; and WHEREAS, the promotion of the expansion of existing businesses within the Cities and the recruitment of new business enterprises to the Cities will promote economic development, stimulate commercial activity, generate additional sales tax and will enhance the property tax base and economic vitality of the Cities; and WHEREAS, the ILA requires joint approval of all economic development incentives to business prospects or development within the Joint Research Valley BioCorridor Development Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby consents to the City Council of the City of Bryan providing economic development incentives to Kalon Biotherapeutics, L.L.C. as shown in the Economic Development Agreement Between the City of Bryan and Kalon Therapeutics, L.L.C., attached as Exhibit A. PART 2: That the City Council’s consent in this Resolution shall serve as written approval for the purposes of the ILA. PART 3: That this Resolution shall take effect immediately from and after its passage. ADOPTED this 11th day of September, A.D. 2014. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney AMENDMENT NO. 1 TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND KALON BIOTHERAPEUTICS, L.L.C. THIS AMENDMENT NO. 1 TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND KALON BIOTHERAPEUTICS (“Amendment”) is made as of September 11, 2014, by and between THE CITY OF COLLEGE STATION, a home-rule municipal corporation organized under the laws of Texas (“City”), and KALON BITHERAPEUTICS. L.L.C., a Texas limited liability corporation, (“Developer”). The City and Developer may be hereinafter referred to collectively as “Parties.” RECITALS A. WHEREAS, the City and Developer entered into that certain Economic Development Agreement Between the City of College Station and Kalon Biotherapeutics, L.L.C. with an effective date of July 1, 2014 (the “Agreement”); and B. WHEREAS, the Parties wish to amend the Agreement to reflect certain additional agreements between them. NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants contained in the Agreement, including this Amendment thereto, the Parties agree as follows: 1. Defined Terms. Unless otherwise indicated, any capitalized term used in this Amendment and not defined herein shall have the meaning ascribed to it in the Agreement. 2. Amendments. The first Recital is deleted and replaced with the following language: “WHEREAS CITY is authorized by Chapter 380 of the TEXAS LOCAL GOVERNMENT CODE to make grants of public money to promote state and local economic development and to stimulate business and commercial activity in College Station; and”. 3. Reference to and Effect on the Agreement. (a) Upon the effectiveness of this Amendment, each reference in the Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Agreement shall mean and be a reference to the Agreement as amended hereby. (b) Except as set forth above, all other terms and conditions of the Agreement shall remain in full force and effect. (c) Wherever there exists a conflict between this Amendment and the Agreement, the provisions of this Amendment shall control. (d) This Amendment, together with the Agreement, constitute the complete agreement of City and Developer as to the matters set forth herein and may not be waived, modified or changed, except by writing signed by both City and Developer. (e) To the extent the Agreement remains in effect, in the event of a conflict between the Agreement and such Agreement as amended by this Amendment, the Agreement, as amended by this Amendment, shall control. 4. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Texas. 5. Counterparts; Signatures. This Amendment may be executed in counterparts, all of which, when taken together, shall constitute one and the same original. Signatures transmitted by facsimile or electronically shall constitute original signatures for the purposes of this Amendment. 6. Headings. Section headings in this Amendment are included herein for convenience of reference only and shall not constitute a part of this Amendment for any other purpose. 7. Time of Essence. Time shall be of the essence as to each and every provision of this Amendment. SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below each party's signature. KALON BIOTHERAPEUTICS, L.L.C. CITY OF COLLEGE STATION, TEXAS By: _______________________________ By: Andrew Strong Nancy Berry Chief Executive Officer Mayor Date:________________ Date:________________ ATTEST: ______________________________ City Secretary Date: _____________ APPROVED: Kelly Templin, City Manager Date: ____________ Jeff Kersten Assistant City Manager/CFO Date: ____________ Carla A. Robinson City Attorney Date: ____________ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-634 Name:Update Water Tap Fees Status:Type:Ordinance Consent Agenda File created:In control:8/19/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action, and discussion regarding updating water tap fees to reflect current costs by amending Chapter 11, “Utilities” Section 2 “Water And Sewer Services”, D “Water and Sewer Rates, Usage Charges and Fees”, 4 “Water and Sewer Tap Fees, Meter Set-In Fees, and Sewer Inspection Fees”, A (1) “Fee for Water Tap” of the Code of Ordinances. Sponsors:David Coleman Indexes: Code sections: Attachments:8 26 14 Water Tap Fee Ordinance.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding updating water tap fees to reflect current costs by amending Chapter 11, “Utilities” Section 2 “Water And Sewer Services”, D “Water and Sewer Rates, Usage Charges and Fees”, 4 “Water and Sewer Tap Fees, Meter Set-In Fees, and Sewer Inspection Fees”, A (1) “Fee for Water Tap” of the Code of Ordinances. Relationship to Strategic Goals: ··Core Services and Infrastructure ··Diverse Growing Economy Recommendation:Approve the second phase of updated tap fees. Summary:In February 2014, City Council approved the first phase of Water Tap Fee increases, as shown in the chart below. These tap fees are in place to reimburse City crews for the materials and labor they provide when setting water meters and meter boxes for new water service taps. Prior to March of 2014, these fees had not been updated for over ten years, and with material price increases, and higher prices for electronic meters, the fees needed to be increased. City staff discussed this situation with the Homebuilders Association, and they agreed with the updated fees, based on a phased implementation schedule, as shown: Size Old Updated Effective Effective Effective Fee Fee Mar 2014 Oct 2014 Oct 2015 3/4"$400 $607 $430 $533 $607 1.0"$500 $739 $620 $739 $739 1.5"$800 $2,001 $1,401 $2,001 $2,001 2.0"$1,500 $2,961 $2,231 $2,961 $2,961 College Station, TX Printed on 9/8/2014Page 1 of 2 powered by Legistar™ File #:14-634,Version:1 Staff recommends approval of the second phase of Water Tap Fee increases, to be effective October 1, 2014. Budget & Financial Summary:Will increase Water Fund revenue approximately $144,000 per year when fully implemented. This increase is intended to cover the actual cost of setting water meters and meter boxes for new water service taps. Reviewed and Approved by Legal:Yes Attachment:Ordinance College Station, TX Printed on 9/8/2014Page 2 of 2 powered by Legistar™ ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 11, “UTILITIES” SECTION 2 “WATER AND SEWER SERVICES”, D “WATER AND SEWER RATES, USAGE CHARGES AND FEES”, 4 “WATER AND SEWER TAP FEES, METER SET-IN FEES, AND SEWER INSPECTION FEES”, A (1) “FEE FOR WATER TAP”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING FOR AN INCREASE IN WATER TAP FEES; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, “Utilities” Section 2 “Water And Sewer Services”, D “Water and Sewer Rates, Usage Charges and Fees”, 4 “Water and Sewer Tap Fees, Meter Set-In Fees, and Sewer Inspection Fees”, A (1) “Fee for Water Tap”, 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 all previous ordinances in direct conflict with this ordinance are hereby superseded and repealed. PART 3: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 4: This ordinance becomes effective October 1, 2014. PASSED, ADOPTED and APPROVED this _______ day of _________________, 2014. APPROVED: ________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney Water Tap Fee Ordinance 2 EXHIBIT “A” That Chapter 11 “Utilities” Section 2 “Water And Sewer Services”, D “Water And Sewer Rates, Usage Charges And Fees”, 4 “Water and Sewer Tap Fees, Meter Set-In Fees, and Sewer Inspection Fees”, A (1) “Fee For Water Tap”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out below: (a) Fee for water tap. The City will charge a service charge to all customers connecting to the water system within or outside the corporate limits of the City. They service charge will be based on water tap size. (i) The water tap service charge shall apply to tall connections to the water system requiring a tap to be made to the water main, construction of the service line and meter set-in. Service Charge for Water Tap: Tap Size Charge ¾ inch $533.00 1 inch $739.00 1 ½ inch $2,001.00 2 inch $2,961.00 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-637 Name:All Way Stop Ordinance Cross / Dogwood Status:Type:Ordinance Consent Agenda File created:In control:8/22/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action, and discussion on the consideration of an ordinance 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 Cross Street and Dogwood Street. Sponsors:Troy Rother Indexes: Code sections: Attachments:All-Way Stop Sign Ord Map - Cross @ Dogwood.pdf All-Way Stop Sign Ord - Cross @ Dogwood.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion on the consideration of an ordinance 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 Cross Street and Dogwood Street. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary:An all-way stop intersection is warranted for the intersection of Cross Street at Dogwood Street.This all-way stop intersection will improve pedestrian safety in the area and provide pedestrian access from new residential developments to the north of Cross Street to Texas A&M University and commercial developments,which are south of Cross Street.This ordinance allows for the implementation and enforcement of an all-way stop at this intersection to improve safety and pedestrian mobility. Budget &Financial Summary:The installation of the stop signs and stop bars are funded in the traffic operations budget. Attachments: 1.Ordinance College Station, TX Printed on 9/8/2014Page 1 of 2 powered by Legistar™ File #:14-637,Version:1 2.Location Map College Station, TX Printed on 9/8/2014Page 2 of 2 powered by Legistar™ Cro ss St. @ Dogwood St.All-way Stop Controlled Intersection ± !"$ ORDINANCE NO. __________________ AN ORDINANCE 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, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That 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, 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) or more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Four-Way Stop Sign Ordinance 2 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Four-Way Stop Sign Ordinance 3 EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II – “Four-Way Stop Intersections” is amended to include the following: Cross Street at Dogwood Street City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-638 Name:Rock Prairie Road Right-of-Way Status:Type:Contract Consent Agenda File created:In control:8/22/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action and discussion regarding a real estate contract for the purchase of right- of-way along Rock Prairie Road between State Highway 6 and Normand Drive. Sponsors:Donald Harmon Indexes: Code sections: Attachments:RPRW ROW.pdf Action ByDate Action ResultVer. Presentation,possible action and discussion regarding a real estate contract for the purchase of right -of-way along Rock Prairie Road between State Highway 6 and Normand Drive. Relationship to Strategic Goals: ··Core Services and Infrastructure ··Improving Mobility Recommendation(s): Staff recommends approval of the contract. Summary: Additional right-of-way and public utility, access, and landscape easements are required for the widening of Rock Prairie Road West, between State Highway 6 and Normand Drive. The widening project will improve vehicular and pedestrian mobility along the corridor. The 2008 Bond Election included a project to acquire additional right-of-way (ROW) along Rock Prairie Road, west of State Highway 6. Council authorized negotiations for the land when it approved the Resolution Determining Need for this project on February 23, 2012. Budget & Financial Summary: The purchase price for this property is eighty-two thousand dollars (82,000.00). The current budget for the Rock Prairie Road West ROW Project is $740,000. Funding for this project is from the 2008 general obligation bond authorization. Funds in the amount of $405,810 have been expended or committed to date, leaving a balance of $334,190 for this purchase, remaining ROW purchases, and related expenses. Attachments: 1. Project Map 2. Real Estate Contract - On file in the City Secretary's Office College Station, TX Printed on 9/8/2014Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-639 Name:Service Agreement for Auto Paint & Body Repairs Status:Type:Contract Consent Agenda File created:In control:8/22/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action and discussion regarding the service contract (Contract No. 14-372) with Cal’s Body Shop for annual automobile and truck paint and body repairs in an amount not to exceed $60,000. Sponsors:Donald Harmon Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action and discussion regarding the service contract (Contract No.14-372) with Cal’s Body Shop for annual automobile and truck paint and body repairs in an amount not to exceed $60,000. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the service contract (Contract No. 14-372). Summary: The Fleet Division of Public Works Department does not have the internal resources to make automotive paint and body repairs to damaged vehicles in our fleet. In FY14, staff solicited sealed competitive bids for this service. Two sealed bids were received and Cal’s Body Shop submitted the lowest responsible bid. Budget & Financial Summary: Funds are available in the Property and Casualty Fund. Attachments: 1. Contract is on file in the City Secretary’s Office. College Station, TX Printed on 9/8/2014Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-641 Name:2014 General Election Judges Status:Type:Presentation Consent Agenda File created:In control:8/22/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action, and discussion regarding the approval of Election Judges for the November 4, 2014 General Election. Presentación, posible acción y diálogo con respecto a la aprobación de Jueces para las Elecciones Generales del 4 de noviembre de, 2014. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:Election Judges & Alternates Recommendations Appointment of Central Count Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the approval of Election Judges for the November 4, 2014 General Election. Presentación, posible acción y diálogo con respecto a la aprobación de Jueces para las Elecciones Generales del 4 de noviembre de, 2014. Recommendation (Recomendación):Approve as presented to the City Council.Aprobar después de ser presentado al Consejo de la Ciudad. Summary (Resumen):Council approved an ILA with Brazos County on August 14,2014.The Brazos County Clerk is designated as the Chief Election Official,and as such,is responsible for the securing of qualified individuals to serve as election judges for each polling place.El Consejo aprobó un Acuerdo Interlocal con el Condado de Brazos el 14 de agosto de 2014.El Oficial del Condado de Brazos será designado como el Oficial Encargado de las Elecciones y como tal es responsable de contratar a individuos calificados para que sirvan de jueces de las elecciones para cada centro de votaciones. Budget Summary (Resumen del Presupuesto):The cost for election judges is budgeted in the total cost of the General Election.El costo de contratar a jueces para las elecciones se incluye en el costo total de las Elecciones Generales. Attachments (Documentos adjuntos): - List of Recommended Election Workers -Appointment of Central Count College Station, TX Printed on 9/8/2014Page 1 of 1 powered by Legistar™ 0Prescribed by Secretary of State Section 32.002 (d), V.T.C.A., Election Code 8/07 I, Karen McQueen, County Clerk of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a 1 year term, ending on July 31, 2015. Yo, Karen McQueen, Escribiente del Condado, del condado de Brazos someto por este medio para nombrar las personas siguientes como juez de presidencia y juez alterno par alas elecciones conducidas por el condado como requerido, según el recibo de las listas oportunas sometidas por las sillas politicas apropiadas del partido o según lo recomendado por mi si no hay listas oportunas sometidas al lado de las sillas del partido. La cita sera un término de 1 año, terminando el 31 de Julio de 2015. Precinct No. No. del recinto Presiding Judge Juez de presidencia Alternate Judge Juez alterno 1 Thaddeus Adams *R* Verna Mathis *D* 3/23 Nathen Cook *R* Harold Eaton *D* 4/18/79/43 Shirley Carter *D* Tori Ellis *R* 5/48/60/61/37 Marilyn Moore *D* 6 Corbet Perkins *D* 7 Lola Peterson *R* Helen Wager *D* 8 Pattie Wells*R* Jack Miller *D* 9 Terri Stewart *R* Raul Castillo *D* 11/21/22 Arthur Pinto *R* Bobby Slovak*D* 12 Diana Davis *R* Susan Spears *D* 13/52 Nicholas Hernandez *R* Princess Jones *D* 14/57 Jesse Ostiguin *D* Joe Moreno *R* 15 Debbie Pipes *R* Richard Griffin *D* 16 Barry Clar *D* Robert Bruce *R* 17 Murrey Bennett *R* Paul Peterson *D* 19/30/47/46/77 Bernice Ward*R* Bobbie Newton*D* 20 Boyd Cherry *R* Bob Presley *D* 24/53/58 Raul Pendas *R* Jackie Girouard *D* 25/62/64/81 Denise Ray *D* Ron Treat *R* 27/42/56 Clyde Goen *R* Wesley James*D* 28/68 Michael Cohen *R* Mary Lin Howell *D* 29 Ruby Ellis *D* 31 Al Postelwait *R* Jean Cangelose *D* 33/79/49/72 Andre Steen *D* Donald Tracey *R* 34 Gary Thomas *R* Joe Callaway *D* 35 Pinky Brauer *R* Charles Fraser *D* 36 E.J Biskup *R* Oscar Chavarria *D* 38 Barbara Cooper *D* Clyde Goen *R* 39 Bill Edison *R* Gene Charleton *D* 40 Peter Grandjean *R* Paul Parrish *D* 41/59 Dixie Tracey *R* Brian Bochner *D* 45/78/44 George McDonald *R* Lynn Krueger *D* 63/26 Marla Calvin *R* Barry Bauerschlag *D* 65/2/50/51/71/32/82/83/69 Patricia Lassiter *R* Tina Hanna *D* 70/67 Arlene Candia*R* Ann Weaver Hart *D* 80/10 Doris Milam *R* Terri Miller *D* Issued this the _______ day of September 2014. Emitado este dia ________ de septiembre de 2014. APPROVED: _________________________________ E. Duane Peters, Brazos County Judge Juez del Condado de Brazos Prescribed by Secretary of State Section 32.002 (d), V.T.C.A., Election Code 1/86 Name Position Party (Nombre)(Posición)(Partido) Early Voting Bob Davis Judge Republican Ballot Board:(Juez)(Republicano) (Junta de boleta de Susan Miller Alternate Judge Democratic votación adelantada)(Alterno Juez)(Demócrata) Central Counting Darlene Nichols Manager Station:(Administrador) (Estación central de Bob Davis Judge Republican escrutinio)(Juez)(Republicano) Susan Miller Alternate Judge Democratic (Alterno Juez)(Demócrata) Tabulators:Cray Crouse Tabulation Supervisor (Supervisor de la Tabulación) (Tabulador) Tracy Price Assistant Tabulator (Ayudante del Tabulador) Issued this the ______ day of August, 2012.day of September 2014 (Emitado este dia _______ de augusto de 2012)de septiembre de 2014 Approved: Duane Peters, Brazos County Judge (Juez del Condado de Brazos) Appointment of Central Count Staff (La cita del Personal Central de Contado) conducida por el condado, el 4 de noviembre de 2014.) I, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons be appointed for the November 4, 2014 General Election conducted by the county. (Yo, Karen McQueen, Escribiente del Condado de Brazos, recomiendo por este medio que a las personas siguientes sean designadas para la Elección general, City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:214-644 Name:Microsoft EA Renewal Status:Type:Agreement Consent Agenda File created:In control:8/25/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action, and discussion on renewal of an Enterprise Agreement (EA) for Microsoft software with SHI Government Solutions for a three year period totaling $93,818.70. Sponsors:Ben Roper Indexes: Code sections: Attachments:SHI Quote-8394371.pdf Microsoft EA Documents.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on renewal of an Enterprise Agreement (EA) for Microsoft software with SHI Government Solutions for a three year period totaling $93,818.70. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Core Services and Infrastructure Recommendation(s):Staff recommends approval of the Agreement Summary: In 2011, the City made a determination to move from Novell software applications for E-mail and File and Print services to Microsoft software applications for these services, and executed a limited Enterprise Agreement with Microsoft through Dell Marketing LP for the initial 3 year term. This Agreement renews and updates the EA to cover appropriate server, database and Client Access Licenses for the next 3 year term. SHI Government Solutions is the holder of the current Texas State Contract for Microsoft Volume Licenses, which covers this contract (Texas Department of Information Resources Microsoft DIR Contract Number DIR-SDD-2503). This Agreement allows the City to receive Microsoft Licensed product updates and upgrades at no cost. Budget & Financial Summary: Funding for the first installment of this Agreement ($31,272.90) is included in the IT Department Operations Budget under Software Maintenance, and subsequent year payments will be budgeted and submitted for Council approval through the normal budgeting process. College Station, TX Printed on 9/8/2014Page 1 of 2 powered by Legistar™ File #:14-644,Version:2 Attachments: College Station, TX Printed on 9/8/2014Page 2 of 2 powered by Legistar™ Pricing Proposal Quotation #: 8394371 Created On: 8/11/2014 Valid Until: 9/30/2014 City of College Station TX Account Executive Ben Roper 1101 Texas Ave. College Station, TX 77840 United States Phone: (979) 764-3538 Fax:(979) 764-3664 Email:broper@cstx.gov Craig Bailey SHI Government Solutions 1301 South Mo-Pac, Suite 375 Austin, TX 78746 Mobile Phone: 512-822-0457 Phone: 800-870-6079 x5199 Fax:512-732-0232 Email:Craig_Bailey@shi.com All Prices are in US Dollar (USD) Product Qty Your Price Total 1 ExchgStdCAL ALNG SA MVL UsrCAL Microsoft - Part#: 394-00550 950 $11.90 $11,305.00 2 WinSvrCAL ALNG SA MVL UsrCAL Microsoft - Part#: R18-00052 950 $5.20 $4,940.00 3 ExchgSvrEnt ALNG SA MVL Microsoft - Part#: 395-02504 2 $653.90 $1,307.80 4 ExchgSvrStd ALNG SA MVL Microsoft - Part#: 312-02257 2 $114.40 $228.80 5 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic Microsoft - Part#: 7NQ-00292 8 $579.10 $4,632.80 6 WinSvrDataCtr ALNG SA MVL 2Proc Microsoft - Part#: P71-07282 6 $994.50 $5,967.00 7 WinSvrStd ALNG SA MVL 2Proc Microsoft - Part#: P73-05898 4 $143.20 $572.80 8 WinSvrDataCtr ALNG LicSAPk MVL 2Proc Microsoft - Part#: P71-07280 1 $2,318.70 $2,318.70 Subtotal $31,272.90 Total $31,272.90 Additional Comments Microsoft DIR Contract Number DIR-SDD-2503 Thank You for choosing SHI-GS! To ensure the best level of service, please provide End User Name, Phone Number, and E-Mail Address when submitting a Purchase Order. For any additional information including Hardware and Software Contract Numbers, please contact an SHI-GS Sales Representative at 800-870-6079. The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHI and the Customer. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:214-649 Name:Single phase Transformers Status:Type:Presentation Consent Agenda File created:In control:8/26/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Presentation, possible action and discussion on a bid award for the annual purchase of single phase transformers, which will be maintained in electrical inventory to be issued and expended as needed. The award is being recommended to Techline as the lowest responsible bidder for a not to exceed amount of $240,433. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Tabsheet Single Phase Transformer.pdf Action ByDate Action ResultVer. Presentation,possible action and discussion on a bid award for the annual purchase of single phase transformers,which will be maintained in electrical inventory to be issued and expended as needed. The award is being recommended to Techline as the lowest responsible bidder for a not to exceed amount of $240,433. Relationship to Strategic Goals:Core Services and Infrastructure Recommendation(s):Recommend award to Techline as the lowest responsible bidder providing the best value to the City. Summary:Seven (7)sealed competitive bids were received and opened on August 7,2014.Electric staff evaluated the bids for compliance to the needed specifications.Techline had the lowest overall bid for the total of all the line items.Similar bids in the past have been award by line item to the lowest responsible bidders,resulting in multiple purchase orders being issued.These multiple purchase orders proved difficult to track and time consuming to maintain.Techline provides the best value to the City for the total long term cost to acquire the various single phase transformers needed. Upon Council approval,a single purchase order will be issued to the vendor recommended for award.The materials will be placed and maintained in the electrical inventory to be issued and expensed as needed. Budget &Financial Summary:Funds are budgeted and available in the Electrical Fund.Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal: N/A College Station, TX Printed on 9/8/2014Page 1 of 2 powered by Legistar™ File #:14-649,Version:2 Attachments:Bid Tabulation #14-083 College Station, TX Printed on 9/8/2014Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Vendor Bid Manufacturer Delivery Techline $240,433 Howard 8-9 weeks Priester-Mell & Nicholson $251,405 Central Moloney 10-12 weeks KBS #1*$261,639 Ermco 8-10 weeks KBS #2 $261,926 Central Moloney 10 weeks HD Supply Utilities*$268,785 GE Prolec 14 weeks TEC #2*$268,849 GE 12-14 weeks Irby #1 $271,966 Ermco 8-10 weeks TEC #1 $279,259 Ermco 8-10 weeks Wesco $294,786 ABB 8-10 weeks KBS #3*$308,403 Cooper 8-10 weeks Irby #2*$316,223 Cooper 8-10 weeks Low Bid * Bid did not include item #9 Award by Vendor Total City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:40 INVENTORY #:285-086-00031 Techline Howard $1,460.00 $58,400.00 $1,941.00 7-9 Irby #1 Ermco $1,747.00 $69,880.00 $2,258.00 8-10 Irby #2 Cooper $2,167.00 $86,680.00 $2,677.00 8-10 Priester Mell & Nicholson Central Moloney $1,596.00 $63,840.00 $2,107.00 10-12 KBS #1 Ermco $1,744.00 $69,760.00 $2,242.00 8-10 KBS #2 Central Moloney $1,663.00 $66,520.00 $2,174.00 10 KBS #3 Cooper $2,119.00 $84,760.00 $2,629.00 8-10 Wesco ABB $1,963.00 $78,520.00 $2,443.50 8-10 TEC #1 Ermco $1,785.00 $71,400.00 $2,283.00 8-10 TEC #2 GE $1,824.00 $72,960.00 $2,306.00 12-14 HD Supply GE Prolec $1,823.16 $72,926.40 $2,305.22 14 Low Bid ITEM NUMBER: 1 Total Owning Cost (TOC) DELIVERY (weeks) ITEM DESCRIPTION: 25 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:30 INVENTORY #:285-086-00059 Techline Howard $1,665.00 $49,950.00 $2,329.00 7-9 Irby #1 Ermco $1,893.00 $56,790.00 $2,579.00 8-10 Irby #2 Cooper $2,326.00 $69,780.00 $3,010.00 8-10 Priester Mell & Nicholson Central Moloney $1,771.00 $53,130.00 $2,451.00 10-12 KBS #1 Ermco $1,869.00 $56,070.00 $2,571.00 8-10 KBS #2 Central Moloney $1,844.00 $55,320.00 $2,524.00 10 KBS #3 Cooper $2,274.00 $68,220.00 $2,958.00 8-10 Wesco ABB $2,158.00 $64,740.00 $2,815.90 8-10 TEC #1 Ermco $1,912.00 $57,360.00 $2,614.00 8-10 TEC #2 GE $1,957.00 $58,710.00 $2,620.00 12-14 HD Supply Howard $1,956.84 $58,705.20 $2,620.04 14 Low Bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 2 ITEM DESCRIPTION: 37.5 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:15 INVENTORY #:285-086-00032 Techline Howard $1,820.00 $27,300.00 $2,642.00 7-9 Irby #1 Ermco $2,005.00 $30,075.00 $2,857.00 8-10 Irby #2 Cooper $2,513.00 $37,695.00 $3,353.00 8-10 Priester Mell & Nicholson Central Moloney $1,889.00 $28,335.00 $2,720.00 10-12 KBS #1 Ermco $2,019.00 $30,285.00 $2,865.00 8-10 KBS #2 Central Moloney $1,964.00 $29,460.00 $2,795.00 10 KBS #3 Cooper $2,454.00 $36,810.00 $3,294.00 8-10 Wesco ABB $2,273.00 $34,095.00 $2,987.47 8-10 TEC #1 Ermco $2,071.00 $31,065.00 $2,917.00 8-10 TEC #2 GE $2,083.00 $31,245.00 $2,917.00 12-14 HD Supply GE Prolec $2,082.11 $31,231.65 $2,916.20 14 Low Bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 3 ITEM DESCRIPTION: 50 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:20 INVENTORY #:285-086-00061 Techline Howard $1,665.00 $33,300.00 $2,479.00 7-9 Irby #1 Ermco $1,811.00 $36,220.00 $2,652.00 8-10 Irby #2 Cooper $2,441.00 $48,820.00 $3,299.00 8-10 Priester Mell & Nicholson Central Moloney $1,714.00 $34,280.00 $2,543.00 10-12 KBS #1 Ermco $1,818.00 $36,360.00 $2,667.00 8-10 KBS #2 Central Moloney $1,785.00 $35,700.00 $2,614.00 10 KBS #3 Cooper $2,386.00 $47,720.00 $3,244.00 8-10 Wesco ABB $2,158.00 $43,160.00 $2,872.00 8-10 TEC #1 Ermco $1,857.00 $37,140.00 $2,706.00 8-10 TEC #2 GE $1,899.00 $37,980.00 $2,717.00 12-14 HD Supply GE Prolec $1,898.95 $37,979.00 $2,716.52 14 Low bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 4 ITEM DESCRIPTION: 50 KVA Type II Padmount Transformer 240/120 (low profile) BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:1 INVENTORY #:285-086-00062 Techline Howard $2,031.00 $2,031.00 $2,868.00 7-9 Irby #1 Ermco $2,075.00 $2,075.00 $2,927.00 8-10 Irby #2 Cooper $2,584.00 $2,584.00 $3,430.00 8-10 Priester Mell & Nicholson Central Moloney $1,962.00 $1,962.00 $2,768.00 10-12 KBS #1 Ermco $2,010.00 $2,010.00 $2,861.00 8-10 KBS #2 Central Moloney $2,044.00 $2,044.00 $2,850.00 10 KBS #3 Cooper $2,463.00 $2,463.00 $3,309.00 8-10 Wesco ABB $2,247.00 $2,247.00 $2,998.18 8-10 TEC #1 Ermco $2,058.00 $2,058.00 $2,909.00 8-10 TEC #2 GE $2,270.00 $2,270.00 $3,096.00 12-14 HD Supply GE Prolec $2,269.47 $2,269.47 $3,095.13 14 Low bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 5 ITEM DESCRIPTION: 50 KVA Padmount Transformer 480/240 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:10 INVENTORY #:285-086-00033 Techline Howard $2,274.00 $22,740.00 $3,376.00 7-9 Irby #1 Ermco $2,426.00 $24,260.00 $3,566.00 8-10 Irby #2 Cooper $2,797.00 $27,970.00 $3,931.00 8-10 Priester Mell & Nicholson Central Moloney $2,254.00 $22,540.00 $3,342.00 10-12 KBS #1 Ermco $2,459.00 $24,590.00 $3,618.00 8-10 KBS #2 Central Moloney $2,348.00 $23,480.00 $3,436.00 10 KBS #3 Cooper $2,736.00 $27,360.00 $3,871.00 8-10 Wesco ABB $2,474.00 $24,740.00 $3,517.47 8-10 TEC #1 Ermco $2,518.00 $25,180.00 $3,677.00 8-10 TEC #2 GE $2,450.00 $24,500.00 $3,544.00 12-14 HD Supply GE Prolec $2,449.47 $24,494.70 $3,543.07 14 Low bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 6 ITEM DESCRIPTION: 75 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:6 INVENTORY #:285-086-00034 Techline Howard $2,608.00 $15,648.00 $3,977.00 7-9 Irby #1 Ermco $2,903.00 $17,418.00 $4,335.00 8-10 Irby #2 Cooper $3,136.00 $18,816.00 $4,503.00 8-10 Priester Mell & Nicholson Central Moloney $2,615.00 $15,690.00 $3,972.00 10-12 KBS #1 Ermco $2,970.00 $17,820.00 $4,379.00 8-10 KBS #2 Central Moloney $2,742.00 $16,452.00 $4,099.00 10 KBS #3 Cooper $3,037.00 $18,222.00 $4,401.00 8-10 Wesco ABB $2,811.00 $16,866.00 $4,228.01 8-10 TEC #1 Ermco $3,046.00 $18,276.00 $4,455.00 8-10 TEC #2 GE $2,826.00 $16,956.00 $4,197.00 12-14 HD Supply GE Prolec $2,825.26 $16,951.56 $4,196.74 14 Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 7 ITEM DESCRIPTION: 100 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:6 INVENTORY #:285-086-00035 Techline Howard $3,445.00 $20,670.00 $5,573.00 7-9 Irby #1 Ermco $4,096.00 $24,576.00 $6,349.00 8-10 Irby #2 Cooper $3,978.00 $23,868.00 $6,293.00 8-10 Priester Mell & Nicholson Central Moloney $3,646.00 $21,876.00 $5,755.00 10-12 KBS #1 Ermco $4,124.00 $24,744.00 $6,359.00 8-10 KBS #2 Central Moloney $3,798.00 $22,788.00 $5,907.00 10 KBS #3 Cooper $3,811.00 $22,866.00 $6,125.00 8-10 Wesco ABB $3,547.00 $21,282.00 $5,632.12 8-10 TEC #1 Ermco $4,215.00 $25,290.00 $6,450.00 8-10 TEC #2 GE $4,038.00 $24,228.00 $6,224.00 12-14 HD Supply GE Prolec $4,037.89 $24,227.34 $6,223.53 14 Low bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 8 ITEM DESCRIPTION: 167 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #14-083 "Annual Purchase of Single Phase Transformers" Open Date: Thursday, August 7, 2014 @ 2:00 p.m. Order Quantity:2 INVENTORY #:285-086-00034 Techline Howard $5,197.00 $10,394.00 $8,132.00 7-9 Irby #1 Ermco $5,337.00 $10,674.00 $8,354.00 8-10 Irby #2 Cooper No bid No bid No bid No bid Priester Mell & Nicholson Central Moloney $4,876.00 $9,752.00 $7,634.00 10-12 KBS #1 Ermco $5,620.00 $11,240.00 $8,664.43 8-10 KBS #2 Central Moloney $5,081.00 $10,162.00 $7,839.00 10 KBS #3 Cooper No bid No bid No bid No bid Wesco ABB $4,568.00 $9,136.00 $7,400.29 8-10 TEC #1 Ermco $5,745.00 $11,490.00 $8,789.00 8-10 TEC #2 GE No bid No bid No bid No bid HD Supply GE Prolec No bid No bid No bid No bid Low bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 9 ITEM DESCRIPTION: 250 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-642 Name:Williams Lake Rezoning Status:Type:Rezoning Agenda Ready File created:In control:8/25/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "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 E Estate for approximately 71 acres being all of the remainder of a 39.44-acre tract as described as Tract One and the remainder of a 29.29-acre tract as described as Tract Two by a deed of Joe & Janet Johnson Land & Investments, LP recorded in volume 7803, page 244, a 2.84-acre tract as described by a deed to Joe & Janet Johnson Land & Investments, LP recorded in volume 8017, page 273, and a 0.216-acre tract as described by a deed to Joe & Janet Johnson Land & Investments, LP recorded in volume 8317, page 62 of the Official Public Records of Brazos County, Texas, generally located at 8601 Rock Prairie Road. Sponsors:Jason Schubert Indexes: Code sections: Attachments:Background Information Aerial & Small Area Map Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "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 E Estate for approximately 71 acres being all of the remainder of a 39.44-acre tract as described as Tract One and the remainder of a 29.29-acre tract as described as Tract Two by a deed of Joe & Janet Johnson Land & Investments, LP recorded in volume 7803, page 244, a 2.84-acre tract as described by a deed to Joe & Janet Johnson Land & Investments, LP recorded in volume 8017, page 273, and a 0.216-acre tract as described by a deed to Joe & Janet Johnson Land & Investments, LP recorded in volume 8317, page 62 of the Official Public Records of Brazos County, Texas, generally located at 8601 Rock Prairie Road. Relationship to Strategic Goals:Diverse Growing Economy Recommendations:The Planning and Zoning Commission considered this item at their August 21, 2014 meeting and unanimously recommended approval. Staff also recommends approval. Summary:This request is to rezone the property from R Rural to E Estate. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The majority of the subject tract is College Station, TX Printed on 9/8/2014Page 1 of 3 powered by Legistar™ File #:14-642,Version:1 designated as Estate on the Comprehensive Plan Future Land Use and Character Map with a small portion along Rock Prairie Road designated as Suburban Commercial. According to the Comprehensive Plan, the Estate designation is generally for areas that, due to public service limitations or a prevailing rural character, should have limited development activities. These areas will tend to consist of low-density single-family residential lots of at least one acre in size or lots that average 20,000 square feet clustered around open space. The Suburban Commercial portion is part of a larger area intended to provide the opportunity for smaller scale commercial at the intersection of Rock Prairie Road and William D. Fitch Parkway. As the Future Land Use and Character is not parcel based, this tract is considered as Estate for purposes of this rezoning request. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The proposed zoning will conform with the nearby properties in that it will allow large lot single-family development to occur in an existing low density area. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The subject tract is suitable for the proposed zoning to allow low-density single-family residential. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The surrounding areas is zoned R Rural and the area has remained rural in character. In order to facilitate develop, generally a rezoning to another zoning district is necessary. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The applicant states that the marketability of the tract is limited with the existing R Rural zoning as a low number of lots could be created that do not support the cost of the required infrastructure. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The frontage along Rock Prairie Road is located within College Station Utilities water service area with the majority of the remainder of the tract located in the Wellborn Special Utility District service area. The applicant has provided a verification letter that Wellborn Special Utility District has capacity to serve the area. The City of College Station has a 18-inch water line along Rock Prairie Road and a 12-inch water line along William D Fitch Parkway. A 12-inch sanitary sewer line is also located along William D. Fitch Parkway. The tract is not located in an identified flood hazard area and the northeast part of the tract has a pond and an existing drainage way out to the north toward a Carter Creek tributary. Drainage and other public infrastructure is required with development to be designed and constructed in accordance with the B/CS Unified Design Guidelines. Access to the sites will be available via Rock Prairie Road which is classified as a Minor Arterial on the Thoroughfare Plan but is currently constructed to a two-lane rural section. A Minor Collector also bisects the tract, will be constructed with development of the tract, and will extend to William D. Fitch Parkway when the adjacent tract the south develops. Existing infrastructure appears to be adequate for the proposed use. Budget & Financial Summary:N/A College Station, TX Printed on 9/8/2014Page 2 of 3 powered by Legistar™ File #:14-642,Version:1 Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Ordinance College Station, TX Printed on 9/8/2014Page 3 of 3 powered by Legistar™ Background Information NOTIFICATIONS Advertised Commission Hearing Date: August 21, 2014 Advertised Council Hearing Dates: September 11, 2014 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: Nine Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: Two ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Estate R Rural Single-family South Estate and Suburban Commercial R Rural Single-family Vacant East Estate and Natural Areas Reserved R Rural Agricultural uses Floodplain West (across Rock Prairie Road) Institutional/Public R Rural Former Rock Prairie landfill CSISD Transportation facility DEVELOPMENT HISTORY Annexation: 1983 (Rock Prairie Road frontage, 2002 (remainder of tract) Zoning: A-O Agricultural Open (upon annexation) A-O Agricultural Open renamed R Rural (2013) Final Plat: Not platted Site development: Mostly vacant with a cell tower and an existing manmade pond ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “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 E ESTATE FOR APPROXIMATELY 71 ACRES BEING ALL OF THE REMAINDER OF A 39.44-ACRE TRACT AS DESCRIBED AS TRACT ONE AND THE REMAINDER OF A 29.29-ACRE TRACT AS DESCRIBED AS TRACT TWO BY A DEED OF JOE & JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 7803, PAGE 244, A 2.84-ACRE TRACT AS DESCRIBED BY A DEED TO JOE & JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 8017, PAGE 273, AND A 0.216-ACRE TRACT AS DESCRIBED BY A DEED TO JOE & JANET JOHNSON LAND & INVESTMENTS, LP RECORDED IN VOLUME 8317, PAGE 62 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 8601 ROCK PRAIRIE RD; 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 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and as shown graphically in Exhibit “B”, 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 Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 11th day of September, 2014 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO.__________________ Page 2 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property as described by metes and bounds is rezoned from R Rural to E Estate: ORDINANCE NO.__________________ Page 3 ORDINANCE NO.__________________ Page 4 ORDINANCE NO.__________________ Page 5 ORDINANCE NO.__________________ Page 6 EXHIBIT “B” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-647 Name:Budget Public Hearing Status:Type:Presentation Agenda Ready File created:In control:8/26/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Public Hearing, presentation, possible action, and discussion on the City of College Station FY2014- 2015 Proposed Budget. Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Public Hearing,presentation,possible action,and discussion on the City of College Station FY2014- 2015 Proposed Budget. Recommendation(s):Hold public hearing on Proposed Budget and receive citizen input.Provide direction to staff on budget. Summary:The City Charter requires that the City Council call and hold a public hearing on the proposed budget;and that after such public hearing,the Council may insert or decrease items so long as the total of any increases and insertions do not increase the total budget by more than 3%. The Proposed Budget was presented to the City Council on August 14,2014.Three budget workshops were held to review the proposed budgets on August 18th, August 19th, and August 20th. On August 14,2014,the City Council called a public hearing on the FY2014-2015 Proposed Budget. A notice announcing the public hearing was published in accordance with City Charter and State Law requirements. The FY2014-2015 Budget is scheduled to be adopted on September 22, 2014. Budgetary and Financial Summary: The following is an overall summary of the proposed budget. Subtotal Operation and Maintenance: $218,885,807 Subtotal Capital: _________$34,155,710 Total Proposed Budget: $253,041,517 Attachments:Please bring FY2014-2015 Proposed Budget College Station, TX Printed on 9/8/2014Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-648 Name:Tax Rate Public Hearing Status:Type:Presentation Agenda Ready File created:In control:8/26/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Public Hearing, presentation, possible action and discussion on the City of College Station 2014 advertised ad valorem tax rate of $0.4525 per $100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Public Hearing,presentation,possible action and discussion on the City of College Station 2014 advertised ad valorem tax rate of $0.4525 per $100 valuation resulting in an increase in tax revenues.Also discussion and possible action on announcing the meeting date,time and place to adopt the tax rate. Recommendation(s):Hold public hearing and receive citizen input on the tax rate. Summary:The Texas Property Tax Code requires that if an entity wishes to increase tax revenues over the effective tax rate then that entity must call and hold two public hearings on the proposed tax rate.Following each public hearing the City Council must announce the meeting date,time and place to adopt the tax rate. The tax rate that the City Council announced it would hold a public hearing on is $0.452500 per $100 assessed valuation. The notice of this public hearing was placed in the Eagle,as well as on the City's internet site,and the City's television channel. The first public hearing on the tax rate was held on Wednesday September 3.The City Council will vote on the tax rate on Thursday September 22. Budgetary and Financial Summary: The public hearing tax rate of $0.452500 per $100 assessed valuation will generate $29,743,623 in taxes. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments:N/A College Station, TX Printed on 9/8/2014Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-659 Name:Oil & Gas Lease - Halcon Energy Status:Type:Bid Award Agenda Ready File created:In control:8/28/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Public Hearing, presentation, possible action, and discussion regarding the award of Bid No. 14-071 to Halcon Energy Properties, Inc. for the lease of oil, gas, and related hydrocarbon mineral interests. Sponsors:Chris Jarmon, Alan Gibbs Indexes: Code sections: Attachments:Maps.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding the award of Bid No. 14-071 to Halcon Energy Properties, Inc. for the lease of oil, gas, and related hydrocarbon mineral interests. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Diverse Growing Economy Recommendation(s): Staff recommends awarding the bid submitted by Halcon Energy Properties, Inc. and entering into the mineral lease for oil, gas, and related hydrocarbons with Halcon Energy Properties, Inc. Summary: The City of College Station owns mineral interests on approximately 26 tracts of land generally located in the vicinity of Wellborn Road and 2818. The City put these mineral interests out to bid (Bid No. 14-071) between August 4, 2014 and August 25, 2014. A sealed bid was received from Halcon Energy Properties, Inc. and evaluated by Staff. Halcon Energy Properties, Inc. was the only bidder to respond and submit a bid. Budget & Financial Summary: College Station will receive royalty payments and a lease bonus subject to the terms of the oil and gas lease. Reviewed and Approved by Legal: Yes Attachments: 1. Map of mineral interest locations. 2. Bid No. 14-071 and the Paid Up Oil and Gas Lease is on file with the City Secretary's Office. College Station, TX Printed on 9/8/2014Page 1 of 2 powered by Legistar™ File #:14-659,Version:1 College Station, TX Printed on 9/8/2014Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-646 Name:Proposed Changes to the Smoking Ordinance Regarding E-Cigarettes Status:Type:Ordinance Agenda Ready File created:In control:8/26/2014 City Council Regular On agenda:Final action:9/11/2014 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of College Station, Texas, by amending section 9, "Tobacco products and smoking"; to prohibit the sale of electronic cigarettes to, possession of and use of by minors; providing a severability clause; declaring a penalty; and providing an effective date. Sponsors:Chris Jarmon Indexes: Code sections: Attachments:Electronic Cigarettes Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of College Station, Texas, by amending section 9, "Tobacco products and smoking"; to prohibit the sale of electronic cigarettes to, possession of and use of by minors; providing a severability clause; declaring a penalty; and providing an effective date. Relationship to Strategic Goals: ··Good Governance ··Core Services and Infrastructure Recommendation(s):Staff recommends approval of the ordinance. Summary:On August 14,staff made a workshop presentation to Council regarding regulations on e -cigarettes with respect to their sale,possession,and use;on August 25 staff brought those recommendations before Council in the form of an ordinance.After a great deal of discussion, Council decided to table the item until the September 11 Council Meeting. The ordinance brought before Council on August 25 would have placed prohibitions on minors’ access to e-cigarettes as well as placed restrictions on where the products may be used in public. After careful consideration,staff has decided to bring forward an ordinance that only places restrictions on minors’access to e-cigarettes.This will give staff additional time to research provisions related to public use restrictions on e-cigarettes,while also satisfying Council’s request to bring the item back. In summary,staff recommends that e-cigarettes be regulated under Chapter 7 (Health and Sanitation)of the Code of Ordinances,and specifically,recommends two (2)limitations on the use of College Station, TX Printed on 9/8/2014Page 1 of 2 powered by Legistar™ File #:14-646,Version:1 Sanitation)of the Code of Ordinances,and specifically,recommends two (2)limitations on the use of e-cigarettes: 1. E-cigarettes cannot be sold to minors. 2. Minors cannot be in possession or use e-cigarettes. For review purposes,electronic cigarettes,or e-cigarettes,are battery-powered devices that look like traditional cigarettes and are designed to simulate the feeling and experience of smoking.These devices lack tobacco,but may contain some amount of liquid or synthetic nicotine.The use of e- cigarettes is known as “vaping”because the heating element in the device,known as an atomizer, vaporizes the liquid solution present in the cartridge,allowing the user to create a cloud that resembles smoke.These devices are also referred to as vaporizing cigarettes or electronic vaping devices. If Council approves the ordinance, these changes will become effective in twenty (10) days. Budget & Financial Summary:n/a Attachments: 1. Proposed changes to the smoking ordinance regarding e-cigarettes. College Station, TX Printed on 9/8/2014Page 2 of 2 powered by Legistar™ ORDINANCE NO._________________ AN ORDINANCE AMENDING CHAPTER 7, “HEALTH AND SANITATION”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 9, “TOBACCO PRODUCTS AND SMOKING”; TO PROHIBIT THE SALE OF ELECTRONIC CIGARETTES TO, POSSESSION OF AND USE BY MINORS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station has determined that e-cigarettes come in a variety of flavors, including watermelon, pineapple, cherry, peaches and cream, sugar cookie, and coffee, that may attract teens and pre-teens to these products; and WHEREAS, the National Youth Tobacco Survey finds that e-cigarette use among middle school and high school students has doubled from 2011 to 2012; and WHEREAS, the City Council of the City of College Station has determined that the nicotine available in e-cigarettes is a highly addictive substance and has the potential to lead to dependence by the user; and WHEREAS, researchers with the University of California – San Francisco find that e-cigarettes have not been proven to help people quit smoking; and WHEREAS, a 2009 study conducted by the FDA found trace amounts of toxins, including diethylene glycol and nitrosamines, in the ingredients of two leading e-cigarette brands; and WHEREAS, the City Council of the City of College Station has determined that e-cigarettes are currently not regulated by the State of Texas or the federal government; and WHEREAS, given the current state of research and knowledge on e-cigarettes, the City Council of the City of College Station believes it is necessary to impose reasonable regulations on the purchase, possession, and use of e-cigarettes; and WHEREAS, the City Council of the City of College Station finds that the policies contained herein are necessary to ensure the health and safety of the citizens of College Station, Texas. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The purpose of this ordinance is to regulate the purchase, possession and use of electronic cigarettes by minors. PART 2: That Chapter 7, Section 9, 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 3: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holdings 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 4: 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 Dollar ($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, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council. PASSED, ADOPTED, and APPROVED this ______ day of ________________, 2014. APPROVED: __________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ____________________________ City Attorney EXHIBIT A That Chapter 7, “HEALTH AND SANITATION”, Section 9, “TOBACCO PRODUCTS AND SMOKING” of the Code of Ordinances of the City of College Station, Texas is hereby amended to include the following: A. Definitions. ******* (3) Smoke or smoking includes: (a) Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (b) Lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or (c) Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment or device. ***** (10) Electronic Cigarette and/or e-cigarette means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. (11) Electronic Vaping Device shall have the same definition as electronic cigarette. (12) Vaporizing Cigarette shall have the same definition as electronic cigarette. (13) Minor shall mean a person younger than 18 years of age. B. Offense; penalty. (1) A person commits an offense if the person smokes at a public meeting, in a public place, in a workplace or in any other enclosed, indoor area in which "no smoking" signs are conspicuously posted by the person in charge, and the person is not in an area designated as a smoking area under subsection C. below. (2) It is a defense to: (a) subsection B.(1)that the person is smoking: (1) As an actor or actress in a theatrical performance; or (2) A tobacco specialty shop; or (3) At a hookah bar; or (4) As required of a participant in a smoking-related medical or scientific research study. (b) subsections H.(1), (2) or (3), if at the time of the sale, the minor presented the person or business with a facially valid proof of identification showing the minor was at least 18 years of age. (3) Smoking shall be allowed, without any requirement for signage by the person in charge under subsection C.(1), where smoking is permitted by subsection B.(2). However, smoking is not allowed at any public meeting, in any public place, or in a workplace unless specifically permitted by subsection B.(2). (4) A minor commits an offense if the minor violates subsection G.(1) or G.(2). (5) A person or business commits an offense if the person or business violates subsections H(1), (2) or (3). ******** G. Possession and Use of Electronic Cigarettes by Minors (1) The possession, purchase, acquisition, consumption, or use of electronic cigarettes, e- cigarettes, electronic vaping devices, or vaporizing cigarettes by minors is prohibited. (2) A minor is prohibited from misrepresenting himself or herself to be 18 years of age or older for the purpose of acquiring or receiving an electronic cigarette, e-cigarette, electronic vaping device, or vaporizing cigarette. H. Solicitation or Sale of Electronic Cigarettes to Minors (1) No person or business shall sell, cause to be sold, give, distribute, or transfer an electronic cigarette, e-cigarettes, electronic vaping devices, or vaporizing cigarettes to minors. (2) No person or business shall sell, cause to be sold, give, distribute, or transfer an electronic cigarette, e-cigarettes, electronic vaping devices, or vaporizing cigarettes to another person who intends to deliver or give it to someone who is a minor. (3) No person or business shall solicit or engage minors in the testing, product-sampling or other business-related purpose involving the inhalation or other use of e-cigarettes, regardless of whether a minor is an employee, contractor or volunteer.