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10/27/2016 - Regular Agenda Packet - City Council
City Council Regular College Station, TX Meeting Agenda - Final - Amended City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, October 27, 2016 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation(s): •Proclamation proclaiming November 7th through 11th as Municipal Court Week. •Presentation of the Conservationist of the Year Award to Dr. John Crompton. •Recognition of the Good Neighbor Award by Keep Brazos Beautiful to the College Station Parks & Recreation Department. •Recognition of two Red Cross awards to the College Station Parks & Recreation Department . •Recognition of the Texas Amateur Athletic Federation’s Member City of the Year Award to the College Station Parks & Recreation Department. 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: · October 13, 2016 Workshop · October 13, 2016 Regular Meeting 16-06952a. Sponsors:Mashburn Page 1 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended WKSHP101316 DRAFT Minutes RM101316 DRAFT Minutes Attachments: Presentation, possible action, and discussion on approving a contract using HOME Investment Partnership Grant funds to B /CS Habitat for Humanity, Inc. in the amount of $239,074 for the acquisition of land at 1116 Carolina and the construction of three affordable single-family homes. 16-06232b. Sponsors:Eller Attachment 1 - Contract Attachment 2 - 1116 Carolina Habitat Project Map Attachments: Presentation, possible action, and discussion regarding the purchase of replacement firewalls from Solid Borders, Inc. in the amount of $124,704 to protect the Electric Utilities’ Bulk Electric System (BES) cyber assets. The purchase will be utilizing the state DIR cooperative contract #DIR -TSO-2700, so no bidding process was necessary. 16-06392c. Sponsors:Crabb City of College Station Palo Alto 500 & 3020 3YR DIR 2016 - QuoteAttachments: Presentation, possible action, and discussion on approval of a Chapter 380 Economic Development Agreement between the City of College Station and Viasat, Inc. regarding approximately 9 acres on Health Science Center Parkway on lot 1, block 1 of Traditions Phase 101 filed in volume 13145, page 53 of the Official Deed Records of Brazos County, Texas. 16-06512d. Sponsors:Ruiz EDA - ViaSat, Inc..pdfAttachments: Presentation, possible action, and discussion on a resolution stating that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List and Investment Strategy. 16-06522e. Sponsors:Leonard Investment Policy 2017.docx Resolution - Investment Policy FY17.docx Attachments: Presentation, possible action, and discussion on approval of the 2016 Property Tax Roll in the amount of $37,007,710.65. 16-06562f. Sponsors:Leonard C2 2016 Levy - TotalsReport.rpt City CS Levy Letter 2016 Attachments: Page 2 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended Presentation, possible action, and discussion on a professional services contract (Contract No. 17300014) with Jones & Carter, Inc. in the amount of $309,000 for the final design and construction phase services for the Carters Creek Electrical Improvements Project. 16-06622g. Sponsors:Harmon Carters Creek MapAttachments: Presentation, possible action, and discussion on approval of an Interlocal Agreement between the City of College Station and the College Station Independent School District for the cost participation by the College Station Independent School District in the City’s Greens Prairie Trail Widening Project. 16-06632h. Sponsors:Harmon 1076_001 Project Map Attachments: Presentation, possible action, and discussion regarding the approval of a Resolution allowing the Mayor to sign an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for miscellaneous signal and pedestrian improvements on SH 6 at Rock Prairie Road. 16-06642i. Sponsors:Harmon RES AFA hwy 6 @ RPR Ready Partial Execute_LF-AFA_0050-02-105_09072016 Attachments: Presentation, possible action, and discussion on a professional services contract (Contract No. 17300072) with Jones & Carter, Inc. in the amount of $358,000 for the final design and construction phase services of the southern portion of the Royder Road Expansion Project. 16-06652j. Sponsors:Harmon Royder Road South - 20161006Attachments: Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for Parks and Recreation, Public Works and Public Safety facility improvement projects and equipment purchases that were included in the FY 17 Capital Improvements Program Budget. 16-06682k. Sponsors:Leonard PARD, PW's & Public Safety Gen'l DRRAttachments: Page 3 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended Presentation, possible action, and discussion on a resolution authorizing expenditures to the Aggieland Humane Society, Inc. in the amount of $235,000. 16-06692l. Sponsors:Leonard Animal Shelter ResolutionAttachments: Presentation, possible action, and discussion regarding the purchase of five (5) variable frequency drives from The Reynolds Company, in the amount of $499,529 to replace the existing units now being operated in Water Production. 16-06772m. Sponsors:Coleman Contract 16300551Attachments: Presentation, possible action, and discussion regarding renewal of our annual purchase contract with The Reynolds Company, not to exceed $150,000 to purchase parts and service for the Water Services SCADA system. 16-06782n. Sponsors:Coleman Renewal AgreementAttachments: Presentation, possible action, and discussion regarding a resolution supporting the designation of State Highway 47 as “Riverside Parkway”. 16-06832o. Sponsors:Simms Location Map Resolution Attachments: Presentation, possible action, and discussion regarding a resolution updating the fees for development applications and permits. 16-06852p. Sponsors:Simms RES fees 2.docxAttachments: Presentation, possible action, and discussion regarding Change Order #2 to the professional services contract with F .B.P. Insurance Services, LLC dba Proview Advanced Administrator, LLC in the amount of $20,174 for additional data management services, reporting services, and administration fees. 16-06612q. Sponsors:Pond Page 4 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended 14-371 Proview Contract 14-371 Proview CO1 14-371 Proview CO2 (16-0661).pdf Attachments: 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 and E Estate to RS Restricted Suburban for approximately 14 acres being situated in the Thomas Cartuthers (ICL), Abstract No. 9, College Station, Brazos County, Texas. Said tracts being a portion of a called 71.0534 acre tract and tract being all of a called 1.421 acre tract described as tract one and all of a called 1.917 acre tract described as tract two by a deed to Williams Creek Lake Estates, Inc., recorded in volume 13123, page 81 and volume 12947, page 132 of the public records of Brazos County, Texas, generally located at 2242 Carll Lane, more generally located northwest of Rock Prairie Road and William D. Fitch Parkway. 16-06861. Sponsors:Paz Page 5 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended Background Information SAM & Aerial REZ R & E to RS 14 ac 3 FINAL.docx Attachments: 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 GC General Commercial, GS General Suburban, and R Rural to GC General Commercial, MF Multi-Family, NAP Natural Areas Protected and R Rural for approximately 71.886 acres being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 70.73 acre tract described as tract one and all of the remainder of a called 6.79 acre tract described as Tract Two, by a deed to 1891 Jones Crossing, LTD Recorded in Volume 12755, Page 238 of the official public records of Brazos County, Texas, generally located at 1720 Harvey Mitchell Parkway South, more generally located at the southeast corner of Wellborn Road and Harvey Mitchell Parkway South. 16-06882. Sponsors:Bombek Background Aerial and Small Area Map Ordinance Attachments: 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 T Townhouse for approximately 23.707 acres being Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas . Being the remainder of a called 27.017 acre tract as described by a deed to the College Station Independent School District recorded in Volume 9626, Page 76 of the official public records of Brazos County, Texas. Generally located south of Deacon Drive West and east of Holleman Drive South. 16-06903. Sponsors:Lazo Background Information Aerial and Small Area Map Ordinance Attachments: Page 6 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Urban to General Commercial for approximately 7 acres located along the south side of State Highway 30, south of Veteran’s Park adjacent to the City limit lines. 16-06874. Sponsors:Prochazka Background Aerial and Land Use Maps.docx 2016 CPA Hwy 30 3 FINAL (Jen P).docx Attachments: 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 GC General Commercial and NAP Natural Areas Protected for approximately 11.449 acres of land being situated in the Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas being a portion of the remainder of a called 28.57 acre tract of land as described by a deed to the Summit Crossing, LLC recorded in Volume 8491, Page 52 of the Official Public Records of Brazos County, Texas; generally located south of State Highway 30, south of Veterans Memorial Park, adjacent to the City limit lines. 16-06935. Sponsors:Prochazka Aerial and Small Area Map Background Rez Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Village Center to General Commercial for approximately 58 acres generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension. 16-06926. Sponsors:Prochazka Aerial and Maps Background 2016 CPA 7 Fitch & Pebble 2 FINAL.docx Attachments: Public Hearing, presentation, possible action, and discussion 16-06947. Page 7 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended 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 M-1 Planned Industrial to GC General Commercial on approximately 58 acres of land lying and being situated in the Robert Stevenson league (abstract no. 54) in College Station, Brazos County, Texas, being a part of the following tracts conveyed to the City of College Station by the cited deeds recorded in the Official Public Records of Brazos County, Texas: 78.36 acres (volume 3900, page 223), 16.89 acres (volume 3900, pg. 188) and 36.9 acres (volume 4329, pg. 134), being generally described as all of that property lying between the current northeast right-of-way of State Highway no. 6 and the proposed southwest right-of-way (100 ft. width) of Lakeway Drive, southeast from the proposed southeast right-of-way line (100 ft. width) of Pebble Creek Parkway to the northwest boundary of the Spring Creek Greenway reserve as designated by the City of College Station, and more generally located along the east side of Earl Rudder Freeway, north of W.D. Fitch Parkway, south of the future Pebble Creek Parkway extension. Sponsors:Prochazka Aerial and Small Area Map Background Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan for Chapter 6 - Transportation and the Bicycle, Pedestrian, and Greenways Master Plan for transportation facilities on the southwest side of the City. 16-06918. Sponsors:Gibbs 0 Ordinance FINAL.docxAttachments: 9. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. APPROVED _____________________ City Manager Page 8 College Station, TX Printed on 10/24/2016 October 27, 2016City Council Regular Meeting Agenda - Final - Amended I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on October 24, 2016 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 9 College Station, TX Printed on 10/24/2016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0695 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion of minutes for: ·October 13, 2016 Workshop ·October 13, 2016 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP101316 DRAFT Minutes RM101316 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: •October 13, 2016 Workshop •October 13, 2016 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: •October 13, 2016 Workshop •October 13, 2016 Regular Meeting College Station, TX Printed on 10/24/2016Page 1 of 1 powered by Legistar™ WKSHP101316 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION OCTOBER 13, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick, arrived after roll call Steve Aldrich, arrived after roll call Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy 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 3:00 p.m. on Thursday, October 13, 2016 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, §551.074-Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 3:02 p.m. on Thursday, October 13, 2016 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District Court of Brazos County, Texas WKSHP101316 Minutes Page 2 Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas B. Deliberation on the purchase, exchange, lease or value of real property; to wit: Property located generally west of the intersection of Raymond Stotzer Pkwy (FM 60) and State Highway 47 in College Station, Texas. C. Deliberation on the appointment, employment, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Secretary City Attorney Internal Auditor D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply. The Executive Session adjourned at 5:00 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, 2i, and 2s were pulled for clarification. 2f: Troy Rother, Traffic Engineer, clarified that “V” was a Roman numeral 5. He noted this item is in response to calls from concerned parents. 2i: Councilmember Benham stated he could not vote for funding for an entity that is so disconnected from TAMU. 2s: Ben Roper, Director of Information Technology, clarified the value of an enterprise -type agreement based on our population. Certain products have unlimited concurrent licenses. 2p: Councilmember Benham publicly lauded Royce Hickman for his service to the chamber of Commerce. 5. Presentation, possible action, and discussion relating to a legislative update and preview of the 85th Texas State Legislature. Jennifer Rodrigues, legislative consultant, provided a legislative update and preview of the upcoming legislative session. Governor Abbott’s legislative priorities for 2017 included: • convention of states WKSHP101316 Minutes Page 3 • CPS reform • LIFE initiative to protect the unborn • Police Protection Act • prohibit state investments in countries that sponsor terrorism • pre-K funding Some key legislative issues for cities include: budget; local property tax reduction; annexation; transgender bathrooms; sanctuary cities; voter ID; short term rentals; transportation network companies; statewide texting ban/hands free while driving; payday lending. Other key legislative issues included funding for transportation, border security, the mental health system, public education, and water. 6. Presentation, possible action, and discussion regarding the Impact Fee Advisory Committee’s written comments on the proposed Roadway Impact Fees for Services Areas A, B, C and D, and an update on the process for possible implementation of Roadway Impact Fees. Alan Gibbs, City Engineer, updated the Council on the schedule for actions completed and upcoming, the calculation of maximum allowable fees, and comments from the Advisory Committee. Full build-out is $290 million, and $217 is needed in the next ten years. The City will continue to look to new and increased funding sources, including Roadway Impact fees. Four roadway areas have been defined, and the actual maximum calculated fees are: • Roads A $4,244/SF House ($1,061/Veh-Mile) • Roads B $4,288/SF House ($1,072/Veh-Mile) • Roads C $10,224/SF House ($2,556/Veh-Mile) • Roads D $16,148/SF House ($4,037/Veh-Mile) Staff believes the market can bear the recommended fees and is recommending a “flat” approach across all four areas for equity: • Residential Fees 15% of Max (Area C) - $1500 Single Family House • Non-Residential Fees 3% of Max (Area C) - Actual Fees Vary by Land Use/Business Type. Given this recommendation, the ten-year collection amount comparison is: • “Max” Fees = $134M • “Recommended” Fees = $14M (10%) Developments would receive credit toward Roadway Impact Fees for construction of Major Collectors and above. System Improvements would receive credit (Public – i.e. Major Collector, Signal, etc.). Site Improvements would not receive credit (Private – i.e. Driveways, DW Decel Lanes, etc.). Commissioner Jerome Rektorik, IFAC Representative, briefed Council of the IFAC comments. He noted that the committee voted six (6) against and two (2) for impact fees. There was a concern that the City is not using all the tools available. They have requested an evaluation of the impact WKSHP101316 Minutes Page 4 fee in relation to other tools, such as raising property taxes. The committee also cautioned that impact fees should be in sync with other goals and objectives. Staff requested direction on 1) whether to adopt roadway impact fees and if the fees would the staff recommendation or not; 2) absolute fee caps (all or specific land uses); 3) exemptions for specific land uses; and should the fee be phased in. Council suggestions included exempting hospitals, churches, and nursing homes; a nominal flat fee of $100 for all categories; phasing; and a maximum cap. A Public Hearing and formal action has been scheduled for November 10, 2016. Workshop was recessed at 7:20 p.m. Workshop reconvened at 10:15 p.m. 7. Council Calendar Council reviewed the calendar. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no future agenda items. 9. Discussion, review and possible action regarding the followi ng meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, YMCA, Youth Advisory Council, Zoning Board of Adjustments, Mayor Berry updated the Council on the MPO. Councilmember Nichols reported on the Brazos Valley Health Department. WKSHP101316 Minutes Page 5 Councilmember Schultz reported on the visit by Belgium delegates. Councilmember Aldrich reported on the Aggies GO TO War exhibit. 10. Adjournment There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 10:17 p.m. on Thursday, October 13, 2016. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM101316 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION OCTOBER 13, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Berry at 7:30 p.m. on Thursday, October 13, 2016 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. Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Specialist Robert R. Arsiaga. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: September 22, 2016 Workshop RM101316 Minutes Page 2 September 22, 2016 Regular Meeting 2b. Presentation, possible action, and discussion regarding ratification of a change order for the contract with L.E. Myers Company, in the amount of $179,760.87 for additional matting and track equipment used due to extreme wet weather conditions on the Spring Creek transmission line upgrade project. 2c. Presentation, possible action, and discussion regarding the approval of a contract between the City of College Station and McCord Engineering not to exceed the amount of $750,000 for the purpose of providing electric engineering services for the design of the Graham Road Substation. 2d. Presentation, possible action, and discussion regarding the second renewal of the Blanket Price Agreement from Bid #14-085 to Cleveland Asphalt Products, Inc. to provide emulsified asphalt products for the maintenance of streets in an amount not to exceed $136,992. 2e. Presentation, possible action, and discussion regarding the renewal of a one year service contract for annual landscaping, tree trimming and removal services with Rios Tree Service Inc. not to exceed $200,000. 2f. Presentation, possible action, and discussion of Ordinance 2016-3815, amending Chapter 10 “Traffic Code”, Section 2F “School Zones” Traffic Schedule V-School Zones to include school zones along George Bush Drive and short sections of Holik Street, Timber Street and Bizzell Street. 2g. Presentation, possible action and discussion on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract (#WM08-16). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $166,077.52. 2h. Presentation, possible action, and discussion regarding the first of two renewal options for the annual EMS supply purchase order with Boundtree Medical L.L.C. not to exceed $80,000. 2i. Presentation, possible action, and discussion on the Research Valley Partnership (RVP) FY17 general fund funding agreement for $350,000. 2j. Presentation, possible action, and discussion on the College Station Noon Lions Club FY17 funding agreement for $15,000. 2k. Presentation, possible action, and discussion on the Arts Council of the Brazos Valley budget, and presentation, possible action and discussion on the Arts Council of the Brazos Valley General Fund Funding Agreement for $35,000 and presentation, possible action and discussion on the Arts Council of the Brazos Valley Hotel Tax Fund Funding Agreement for $91,000, for FY17 operations and maintenance for a combined total of $126,000. RM101316 Minutes Page 3 2l. Presentation, possible action, and discussion on the Arts Council of the Brazos Valley FY17 HOT affiliate funding, marketing and public arts support funding agreement for $391,900. 2m. Presentation, possible action and discussion on the Keep Brazos Beautiful FY17 funding agreement for $51,190. 2n. Presentation, possible action, and discussion on the Memorial for all Veterans of the Brazos Valley budget and presentation, discussion and possible action on the Memorial for All Veterans of the Brazos Valley FY17 HOT funding agreement for $25,000. 2o. Presentation, possible action, and discussion on the Brazos Valley Convention and Visitors Bureau (CVB) budget and presentation, possible action and discussion on the CVB FY17 HOT operations and maintenance funding agreement for $2,122,616. 2p. Presentation, possible action, and discussion on the Bryan/College Station Chamber of Commerce budget and presentation, possible action and discussion on the Bryan/College Station Chamber of Commerce FY17 HOT funding agreement for $25,000. 2q. Presentation, possible action, and discussion on the Easterwood Airport budget and presentation, possible action and discussion on the Easterwood Airport FY17 HOT funding agreement for $102,690. 2r. Presentation, possible action, and discussion on the Brazos Valley Convention and Visitors Bureau (CVB) FY17 HOT grant program funding agreement in the amount of $400,000. 2s. Presentation, possible action, and discussion regarding a three year Small Government Enterprise ArcGIS License agreement with ESRI at a cost of $150,000 over three years. Item 2i was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2i. The motion carried unanimously. (2i)MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Mooney, the City Council voted six (6) for and one (1) opposed, with Councilmember Benham voting against, to approve the Research Valley Partnership (RVP) FY17 general fund funding agreement for $350,000. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding the Preliminary Engineering Report and recommendation for the alignment of Capstone and Barron Road at FM 2154. RM101316 Minutes Page 4 Emily Fisher, Planning and Development, stated that this project includes the reconstruction and alignment of Capstone Drive and Barron Road from SH 40 through FM 2154. Barron and Capstone will be realigned to intersect at FM 2154 at the same junction. Eric Ratzman, Halff Associates, noted there is insufficient distance between the Barron and Capstone intersections with Wellborn Rd (FM 2154), and the intersections are too close for two traffic signals. There is an issue with intersection safety/accident history, and traffic is projected to increase. Project goals include re-aligning either Barron Road or Capstone Drive into a single signalized intersection with Wellborn Road, widening Barron Road to accommodate future traffic volumes and multiple modes of travel, and widening the at-grade railroad crossing for the ultimate roadway cross section. He presented six alternatives for consideration. Staff recommended moving forward with a final design using either Alternate 1 or 2 as presented. At approximately 7:59 p.m., Mayor Berry opened the Public Hearing. Walter Hinkle, 4104 Wimbledon Circle, said that James Smith listened to everyone’s concerns and has come forth with a great plan. Glen Boote, 14290 IGN Road, reported that the traffic has increased tremendously and the area is very dangerous now. He asks that the project move forward as quickly as possible because it is such a safety issue. Fiona Lockheart, 3180 Barron, thanked staff and Halff Associates for how they handled the public meetings. This needs to be done as quickly as possible because the traffic so bad and safety is an issue. There being no further comments, the Public Hearing was closed at 8:04 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to accept the Preliminary Engineering Report and recommendation for the alignment of Capstone and Barron Road at FM 2154. The motion carried unanimously. 2. Presentation, possible action, and discussion regarding approval of Resolution 10-13-16- 02, that will authorize City staff to negotiate for the purchase of right-of-way and easements needed for the Capstone/Barron Road Realignment Project. Emily Fisher, Planning and Development, stated that that is a Needs Resolution and will authorize Staff to move forward. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to approve Resolution 10-13- 16-02 authorizing City staff to negotiate for the purchase of right-of-way and easements needed for the Capstone/Barron Road Realignment Project. The motion carried unanimously. RM101316 Minutes Page 5 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3816, 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 WC Wellborn Commercial for approximately three acres being situated in the Andrew McMahon Survey, A-167, Brazos County, Texas, being comprised of all of a called 2.00 acre tract, referred to as Tract I, described in a deed dated January 4, 1993, from Darrell L. Ambler to Wellborn Water Supply Corporation, and recorded in Volume 1685, Page 10, all of a called 0.334 acre tract, referr ed to as Tract 10, described in a deed executed October 18, 2000, from Wellborn Water Supply Corporation to Wellborn Special Utility District, and recorded in Volume 3991, Page 197, all of a called 0.46 acre tract as described in a deed dated August 18, 20 06, from Boyd Mitchael Vincent, Administrator to Wellborn Special Utility District, and recorded in Volume 7536, Page 292, and a 50 foot Strip as described in a deed dated August 19, 2015, from Peach Creek Rental, Ltd. to Wellborn Special Utility District, and recorded in Volume 12895, Page 216, Deed Records, Brazos County, Texas, to which references are hereby made to for any and all purposes. Said tracts further being a part of the Benjamin Graham Subdivision, of record in Volume 12, Page 394, the referenced 2.00 acre tract being Lot 9A in the Benjamin Graham Subdivision, of record in Volume 1985, Page 195, and the 50 foot strip being a part of Lot 4A in the Resubdivision of Blocks D & E of the Benjamin Graham Subdivision, of record in Volume 2463, Page 329, Deed Records, Brazos County, Texas, located at 3998 Greens Prairie Road West, generally located at the northeast intersection of Greens Prairie Road West and Live Oak Street. Jennifer Paz, Planning and Development, stated that that this request is to change the zoning district from Rural to Wellborn Commercial for the Wellborn SUD office site. Utility uses are permitted by right in all zoning districts. The current Rural zoning district requires 50-foot front and rear setbacks. The applicant requests a rezoning of Wellborn Commercial in compliance with the Wellborn Community Plan to take advantage of reduced setbacks to expand on the existing site. The Planning and Zoning Commission considered this item on October 6th and recommended approval unanimously. At approximately 8:12 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:12 p.m. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3816, 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 WC Wellborn Commercial for approximately three acres being situated in the Andrew McMahon Survey, A-167, Brazos County, Texas, being comprised of all of a called 2.00 acre tract, referred to as Tract I, described in a deed dated January 4, 1993, from Darrell L. Ambler to Wellborn Water Supply Corporation, and recorded in Volume 1685, Page RM101316 Minutes Page 6 10, all of a called 0.334 acre tract, referred to as Tract 10, described in a deed executed October 18, 2000, from Wellborn Water Supply Corporation to Wellborn Special Utility District, and recorded in Volume 3991, Page 197, all of a called 0.46 acre tract as described in a deed dated August 18, 2006, from Boyd Mitchael Vincent, Administrator to Wellborn Special Utility District, and recorded in Volume 7536, Page 292, and a 50 foot Strip as described in a deed dated August 19, 2015, from Peach Creek Rental, Ltd. to Wellborn Special Utility District, and recorded in Volume 12895, Page 216, Deed Records, Brazos County, Texas, to which references are hereby made to for any and all purposes. Said tracts further being a part of the Benjamin Graham Subdivision, of record in Volume 12, Page 394, the referenced 2.00 acre tract being Lot 9A in the Benjamin Graham Subdivision, of record in Volume 1985, Page 195, and the 50 foot strip being a part of Lot 4A in the Resubdivision of Blocks D & E of the Benjamin Graham Subdivision, of record in Volume 2463, Page 329, Deed Records, Brazos County, Texas, located at 3998 Greens Prairie Road West, generally located at the northeast intersection of Greens Prairie Road West and Live Oak Street. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3817, 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 O Office to PDD Planned Development District for approximately 1.66 acres being Lot G, Chimney Hill Subdivision, College Station, Brazos County, Texas, recorded in Volume 3043, Page 204, of the Deed Records of Brazos County, Texas, generally located at the intersection of Tarrow Street and Autumn Circle. Rachel Lazo, Planning and Development, stated that this request is to rezone the subject property from Office to Planned Development District with a base zoning district of Townhouse. The Planning and Zoning Commission considered this item at the September 15 meeting and voted unanimously to recommend approval of the request. At approximately 8:24 p.m., Mayor Berry opened the Public Hearing. Pat Draughton, 203 Chimney Hill Circle, expressed his concerns over the traffic and the flood plain. His backyard has six inches of water today, and this property probably has twelve inches. It would be easy to have a development that could cause a big problem for the neighborhood. He also said a French drain or perforated pipe that could be implemented to correct the flooding issues. This is a better plan for the traffic than what was presented earlier. He said he would like to withdraw his objection to the project. There being no further comments, the Public Hearing was closed at 8:27 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3817, 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 O Office to PDD Planned Development District for approximately 1.66 acres being Lot G, Chimney Hill Subdivision, College Station, Brazos County, Texas, recorded in RM101316 Minutes Page 7 Volume 3043, Page 204, of the Deed Records of Brazos County, Texas, generally located at the intersection of Tarrow Street and Autumn Circle. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3818, amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations for Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking at Any Time” of the Code of Ordinances to restrict parking along the 300 Block of Louise Street and the 400 Block of Second Street. Carol Cotter, Planning and Development, stated that this ordinance amends Chapter 10 “Traffic Code,” by removing parking from one side of the 300 Block of Louise Street and the 400 Block of Second Street in the Northgate area. This parking removal request is to allow aerial fire department access to the proposed Louise Townhomes development. Letters were mailed to the property owners adjacent to the parking removal. Additionally, the applicant held a public meeting to discuss the parking removal on August 30, 2016. At approximately 8:30 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:30 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3818, amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations for Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking at Any Time” of the Code of Ordinances to restrict parking along the 300 Block of Louise Street and the 400 Block of Second Street. The motion carried unanimously. 6. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3819, vacating and abandoning a 1,323 square foot portion of a 15-foot wide Public Utility Easement, which is located on Lot 1, Block 1 of the A&M Church of Christ Subdivision, according to the plat recorded in Volume 8707, Page 51, of the Official Records of Brazos County, Texas. Alan Gibbs, City Engineer, reported that this public utility easement abandonment accommodates development of the tract as well as setback distances of buildings from public water lines. There are no public or private utilities in the subject portion of the easement to be abandoned. The public water line has been re-routed, and a PUE has been filed for the new route. Staff recommends approval. At approximately 8:33 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:33 p.m. RM101316 Minutes Page 8 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3819, amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations for Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking at Any Time” of the Code of Ordinances to restrict parking along the 300 Block of Louise Street and the 400 Block of Second Street.. The motion carried unanimously. 7. Public Hearing, presentation, possible action, and discussion on Ordinance 2016-3820, a Conditional Use Permit for a Long-Term Mobile Food Court in NG-1, located at 203 First Street, generally located south of Church Avenue and west of First Street. Madison Thomas, Planning and Development, stated that this request is for a Conditional Use Permit for a long-term mobile food court in Northgate. The applicant has requested variances to the setback, parking requirements, and fire lane requirement. The Planning and Zoning Commission considered this item at their September 15, 2016 meeting and voted 5-1 to recommend approval of the conditional use permit. However, the Commission expressed concerns related to the maximum capacity and security of the proposed mobile food court. The Police Department has also expressed security concerns regarding the food truck park and requests the additional conditions outlined below: No amplified sound from the site (including the stage) A minimum of two security officers be provided anytime alcohol is sold or consumed on site, and; The mobile food court ceases operations no later than 2:00 a.m. At approximately 9:31 p.m., Mayor Berry opened the Public Hearing. Bobby Grabowski, 303 College Main, said he owns a bar on Northgate and expressed some concern regarding Council’s bias. Northgate is the City’s downtown. It needs more restaurants, but does not need more bars. It does need to be fair and equitable for both sides. Safety is a huge concern. Robert Forrest, 105 College Main, said he owns some property on College Main. Northgate has evolved. The guidelines the existing businesses had to follow are being thrown out. He expressed some concern regarding pedestrian safety when they leave the establishment and attempt to cross Wellborn Road. This concept was not in the realm of thought 15 years ago. Will these owners own all the food trucks, or will there be nine different owners of the food trucks, affecting TABC licenses. If the City wants control, they must take it now. Sol Arena, 3522 Colorado Court, stated this is a wonderful idea because it will be a good hangout area. In Northgate if you are not in the bars, there is nothing to do. Shadman Idbal, 314 Cecilia Loop, stated there are areas that serve alcohol past midnight, but this allows people somewhere to go while drunk. There being no further comments, the Public Hearing was closed at 9:45 p.m. RM101316 Minutes Page 9 A motion was made by Councilmember Nichols and seconded by Councilmember Schultz to approve the Conditional Use Permit, striking the three proposed conditions, and inserting the following two: 1) only beer and wine sales, and to end at midnight, and 2) two police officers to be present Thursday, Friday, and Saturday from 10 p.m. to 2:00 a.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to amend the main motion, reflecting two police officers to be present Thursday, Friday, and Satu rday from 10 p.m. to 3:00 a.m. The motion carried unanimously. Councilmember Aldrich moved to postpone action on this item until October 27. The motion failed for lack of a second. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted five (5) for and two (2) opposed, with Councilmembers Aldrich and Mooney voting against, to approve Ordinance 2016-3820, a Conditional Use Permit for a Long-Term Mobile Food Court in NG-1, located at 203 First Street, generally located south of Church Avenue and west of First Street, striking the three proposed conditions, and inserting the following two: 1) only beer and wine sales, ending at midnight, and 2) two police officers to be present Thursday, Friday, and Saturday from 10 p.m. to 3:00 a.m. (as amended). The motion carried. 8. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3821, vacating and abandoning a 0.125 acre portion of a 10-foot Public Utility Easement, said portion being on Lot 1A, Block 1, Replat of Lot 1, Block 1, College Station I.S.D Willow Branch and Oakwood School Sites Subdivision according to the plat recorded in Volume 6857, Page 25, of the Official Records of Brazos County, Texas, said tract also being a portion of a 10-ft Public Utilities Easement as shown on Lot 1, Block 1 of the plat of College Station I.S.D. Willow Branch and Oakwood School Sites, according to the plat recorded in volume 3588, Page 51 of the Official Records of Brazos County, Texas. Carol Cotter Planning and Development, reported that this Public Utility Easement (PUE) abandonment is being requested since the existing sanitary sewer line that it was intended for is offset from the PUE’s current limits. A 15-foot wide public utility easement dedication to cover this existing line has already been filed. Staff recommends approval. At approximately 10:07 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:07 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3821, vacating and abandoning a 0.125 acre portion of a 10-foot Public Utility Easement, said portion being on Lot 1A, Block 1, Replat of Lot 1, Block 1, College Station I.S.D Willow Branch and Oakwood School Sites Subdivision according to the plat recorded in Volume 6857, Page 25, of the Official Records of Brazos County, Texas, said tract also being a portion of a 10-ft Public RM101316 Minutes Page 10 Utilities Easement as shown on Lot 1, Block 1 of the plat of College Station I.S.D. Willow Branch and Oakwood School Sites, according to the plat recorded in volume 3588, Page 51 of the Official Records of Brazos County, Texas. The motion carried unanimously. 9. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3822, 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 PDD Planned Development District to T Townhouse for approximately 14.636 acres being situated in the J. W. Scott Survey, Abstract No. 49, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a 98.202 acre tract of land as described by a deed to the Summit Crossing, LLC recorded in Volume 7541, Page 214 of the Official Public Records of Brazos County, Texas, and a portion of an 8.81 acre Parkland Dedication as shown on the plat of Summit Crossing Phase 1 recorded in Volume 9490, Page 296 of the Official Public Records Of Brazos County, Texas, generally located north of Harvey Road and west of FM 158. Rachel Lazo, Planning and Development, stated that this request is to rezone the subject property from Planned Development District with a base of Duplex to Townhouse. The Planning and Zoning Commission considered this item at their September 15 meeting and voted unanimously to recommend approval of the request. At approximately 10:10 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:10 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Mayor Berry, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016-3822, 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 PDD Planned Development District to T Townhouse for approximately 14.636 acres being situated in the J. W. Scott Survey, Abstract No. 49, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a 98.202 acre tract of land as described by a deed to the Summit Crossing, LLC recorded in Volume 7541, Page 214 of the Official Public Records of Brazos County, Texas, and a portion of an 8.81 acre Parkland Dedication as shown on the plat of Summit Crossing Phase 1 recorded in Volume 9490, Page 296 of the Official Public Records Of Brazos County, Texas, generally located north of Harvey Road and west of FM 158. The motion carried unanimously. 10. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3823, vacating and abandoning a 3,175 square-foot Public Utility Easement lying within Lot 17, Block 4, of Redmond Terrace First Installment, according to the plat recorded in Volume 188, Page 295, of the Deed Records of Brazos County, Texas, also being part of Tract Four conveyed to Meridian H&H, LLC, according to the deed recorded in Volume 10295, Page 243, of the Official Records of Brazos County, Texas and further described as Tract No. 2 in RM101316 Minutes Page 11 the Public Utility Easement dedication recorded in Volume 10742, page 99 of the Official Records of Brazos County, Texas. Carol Cotter, Planning and Development, reported that this public utility easement abandonment accommodates the design of a new residential development. An electric line that had been running through this easement was recently relocated per a CSU approved plan and a blanket utility easement has been dedicated for the entire site. The dedication of a new public utility easement is a condition of this abandonment. Staff recommends approval. At approximately 10:12 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:12 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3823, vacating and abandoning a 3,175 square-foot Public Utility Easement lying within Lot 17, Block 4, of Redmond Terrace First Installment, according to the plat recorded in Volume 188, Page 295, of the Deed Records of Brazos County, Texas, also being part of Tract Four conveyed to Meridian H&H, LLC, according to the deed recorded in Volume 10295, Page 243, of the Official Records of Brazos County, Texas and further described as Tract No. 2 in the Public Utility Easement dedication recorded in Volume 10742, page 99 of the Official Records of Brazos County, Texas. The motion carried unanimously. 11. Presentation, possible action, and discussion regarding the appointment to the BioCorridor Board. Sherry Mashburn, City Secretary, reported that Barry Moore was appointed March 2015 to the BioCorridor Board and has now resigned since he’s running for elected office. The Planning and Zoning Commission recommends that Johnny Burns be appointed to replace Barry Moore as one of the P&Z representatives on the BioCorridor Board. 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 Johnny Burns to the BioCorridor Board. The motion carried unanimously. 12. Presentation, possible action, and discussion regarding appointments to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. Sherry Mashburn, City Secretary, reported that Mayor Berry’s term on the Board of Directors expired September 30. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Aldrich, the City Council voted six (6) for and none (0) opposed, with Councilmember Nichols abstaining, to appoint John Nichols to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. The motion carried unanimously. RM101316 Minutes Page 12 13. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:15 p.m. on Thursday, October 13, 2016. ________________________ 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:116-0623 Name:HOME Investment Partnership Grant funds to B/CS Habitat for Humanity, Inc. Status:Type:Contract Consent Agenda File created:In control:9/27/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on approving a contract using HOME Investment Partnership Grant funds to B/CS Habitat for Humanity, Inc. in the amount of $239,074 for the acquisition of land at 1116 Carolina and the construction of three affordable single-family homes. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 1 - Contract Attachment 2 - 1116 Carolina Habitat Project Map Action ByDate Action ResultVer. Presentation,possible action,and discussion on approving a contract using HOME Investment Partnership Grant funds to B/CS Habitat for Humanity,Inc.in the amount of $239,074 for the acquisition of land at 1116 Carolina and the construction of three affordable single-family homes. Relationship to Strategic Goals: ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval of this Contract Summary: The federal HOME Investment Partnership Program provides assistance to income qualified households by providing funds for a variety of affordable housing activities.The City of College Station has a long history of partnering with B/CS Habitat for Humanity to build quality homes for income eligible families. With these funds,B/CS Habitat for Humanity will acquire a plot at 1116 Carolina St.and seek a variance to subdivide the property into three lots.The remainder of the funds will partially pay for the construction of three homes with additional funds coming from B/CS Habitat for Humanity.The contract requires the exterior of the homes to be a minimum of 25%masonry and also requires each home to have a garage. This contract commits $239,074.00 of unobligated Program Year 2013,2014,and 2015 HOME funds to B/CS Habitat for Humanity for the production of affordable homes available to low and moderate- income households.These funds will be provided to B/CS Habitat for Humanity on a reimbursement College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0623,Version:1 basis. Reviewed and Approved by Legal: Yes Budget & Financial Summary: Funds are budgeted and available through the Community Development FY 2017 (PY 2016) federal HOME Investment Partnership Program budget. HOME grant funds are required to be allocated within 24 months of the grant year and expended within 5 years. Attachments: Attachment 1: Contract and Grant for HOME Programs Attachment 2: Project Location Map College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ Deacon Drμ00.10.05Miles1116 Carolina Project Loacation City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0639 Name:Electric Department SCADA Firewall Purchase Status:Type:Presentation Consent Agenda File created:In control:9/28/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding the purchase of replacement firewalls from Solid Borders, Inc. in the amount of $124,704 to protect the Electric Utilities’ Bulk Electric System (BES) cyber assets. The purchase will be utilizing the state DIR cooperative contract #DIR-TSO- 2700, so no bidding process was necessary. Sponsors:Timothy Crabb Indexes: Code sections: Attachments:City of College Station Palo Alto 500 & 3020 3YR DIR 2016 - Quote Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the purchase of replacement firewalls from Solid Borders,Inc.in the amount of $124,704 to protect the Electric Utilities’Bulk Electric System (BES)cyber assets.The purchase will be utilizing the state DIR cooperative contract #DIR-TSO- 2700, so no bidding process was necessary. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends the purchase of new firewalls in the amount of $124,704 from Solid Borders, Inc. to protect Electric Department critical cyber assets. Summary: The current firewalls utilized to protect the Electric Utility’s BES cyber assets are at the end-of-life and need to be replaced to ensure uninterrupted cyber protection as mandated by the North American Reliability Corporation (NERC)reliability standards.This purchase would be for replacement firewalls for the Primary Control Center,Backup Control Center,all substations,plus required emergency spare equipment.This quote also includes 3 year threat prevention subscriptions and 3 year support for the devices.At the end of the initial three year period,the threat prevention subscription and support will be paid on a yearly basis until these devices are due for replacement. The total cost for this purchase from Solid Borders, Inc. is $124,704. Budget & Financial Summary: Funds for this project are budgeted and available in the Electric Capital Improvement Projects Fund. College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0639,Version:1 Attachments: 1. Quote College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ TO City of College Station Erik Bodholt 1101 Texas Ave. College Station, TX 77840 NETWORK SECURITY RESELLER 979.764.5021 ebodholt@cstx.gov DATE 9/27/2016 QUOTE 45976-JP CONTACT Traci Thurwalker 800.213.8175 x803 toll-free 281.543.9214 office PLEASE SEND PURCHASE ORDER traci@solidborder.com BY EMAIL orders@solidborder.com BY FAX 800.887.9974 PREMIER SECURITY PARTNER ITEM SKU DESCRIPTION QTY LIST PRICE PER UNIT EXTENDED 1 PAN-PA-500-2GB Palo Alto Networks PA-500 2GB Memory 11 $4,500.00 $3,150.00 $34,650.00 2 PAN-PA-500-TP-3YR- HA2 Threat prevention subscription 3 year prepaid for device in an HA pair, PA-500 11 $1,660.00 $1,328.00 $14,608.00 3 PAN-SVC-PREM-500- 3YR Premium support 3-year prepaid, PA-500 11 $1,750.00 $1,645.00 $18,095.00 4 PAN-PA-500-2GB-OSS On-Site Spare Palo Alto Networks PA-500 2GB Memory 1 $4,500.00 $1,598.00 $1,598.00 5 PAN-PA-3020 Palo Alto Networks PA-3020 2 $14,000.00 $9,800.00 $19,600.00 6 PAN-PA-3020-TP-3YR- HA2 Threat prevention subscription 3-year prepaid for device in an HA pair, PA-3020 2 $5,180.00 $4,144.00 $7,200.00 7 PAN-SVC-PREM-3020 -3YR Premium support 3-year prepaid, PA-3020 2 $5,380.00 $5,057.00 $10,114.00 8 PAN-PA-3020-OSS Palo Alto Networks PA-3020, OnSite Spare unit 1 $14,000.00 $4,935.00 $4,935.00 9 PAN-PRA-25 Panorama central management software, 25 devices 1 $10,000.00 $7,000.00 $7,000.00 10 PAN-SVC-PREM-PRA- 25-3YR Premium support 3 year prepaid, Panorama 25 devices 1 $3,800.00 $3,572.00 $1,504.00 11 CH-EDU-FND- VOUCHER Cloud Harmonics - Foundations Training Voucher - Any Vendor 2 $500.00 $500.00 $0.00 12 CH-PAN-EDU-221-PR OMO Cloud Harmonics - Panorama ssentials (221) Cloud Harmonics Hosted Virtual Training w/ Qualifying Panorama Purchase 1 $2,000.00 $2,000.00 $0.00 13 SB-SERV-1 Solid Border Engineer Services for Palo Alto, Additional Training and Documentation. One 8 hour day, Onsite and/or Remote. Travel & Expenses Included. 3 $2,500.00 $1,800.00 $5,400.00 SHIPPING INCLUDED STATE CONTRACT DIR-TSO-2700 SUBTOTAL $124,704.00 Include this contract number on all Purchase Orders SALES TAX (8.25%)$0.00 TOTAL $124,704.00 QUOTE EXPIRES 10/27/2016 PAYMENT TERMS 30 days Credit cards not accepted EMPLOYER ID #EIN # 33-1009121 REMIT TO SOLID BORDER, INC SOLIDBORDER.COM 1806 TURNMILL ST PROTECT YOUR NETWORK SAN ANTONIO, TX 78248 HUB // DIR // BUYBOARD City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0651 Name:Viasat, Inc. Economic Development Agreement Status:Type:Agreement Consent Agenda File created:In control:10/5/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on approval of a Chapter 380 Economic Development Agreement between the City of College Station and Viasat, Inc. regarding approximately 9 acres on Health Science Center Parkway on lot 1, block 1 of Traditions Phase 101 filed in volume 13145, page 53 of the Official Deed Records of Brazos County, Texas. Sponsors:Natalie Ruiz Indexes: Code sections: Attachments:EDA - ViaSat, Inc..pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on approval of a Chapter 380 Economic Development Agreement between the City of College Station and Viasat, Inc. regarding approximately 9 acres on Health Science Center Parkway on lot 1, block 1 of Traditions Phase 101 filed in volume 13145, page 53 of the Official Deed Records of Brazos County, Texas. Relationship to Strategic Goals: ·Financially Sustainable City ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the Economic Development Agreement as proposed. Summary: Viasat, Inc. is an existing company in the Bryan/College Station area with approximately 130 full-time employees in the State of Texas with a payroll of approximately $7,600,000. This agreement provides for the expansion of the company into a new facility located within the Biocorridor. The new facility is on approximately 9 acres with a new 85,000 square foot building. The new real and personal property investment is approximately $20,000,000 with a minimum Brazos County Appraisal District property valuation of $15,000,000 by January 1, 2019. By the end of the second year following completion of construction, Viasat, Inc. will add a minimum of 150 new full time jobs with an average annual salary of $64,000. The minimum total of 280 full time job equivalents will exist on the property for a total of five years from the date of conpletion of construction. In addition, the current payroll of $7,600,000 will increase by $9,600,000 for a total annual payroll of $17,200,000. In exchange, Viasat, Inc. will receive an annual cash incentive for a term of six years equal to the ad valorem taxes assessed and paid not to exceed a maximum of $450,000. The cash incentive value is estimated as follows: College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0651,Version:1 Year 1 = 80% of ad valorem taxes Year 2 = 60% of ad valorem taxes Year 3 = 40% of ad valorem taxes Year 4 = 30% of ad valorem taxes Year 5 = 20% of ad valorem taxes Year 6 = 10% of ad valorem taxes Budget & Financial Summary: The subject property is located within the area described in the Interlocal Cooperation and Joint Development Agreement with the City of Bryan in which the two cities agreed to share revenue in an amount equal to the ad valorem tax assessed and collected in the Biocorridor. Bryan's City Council will consider a resolution regarding this agreement at their regular meeting on October 11, 2016. Legal Review: Yes. Attachments: EDA between Viasat, Inc. and College Station College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0652 Name:City's Investment Policy, Broker-Dealer List and Investment Strategy Status:Type:Resolution Consent Agenda File created:In control:10/5/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on a resolution stating that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List and Investment Strategy. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Investment Policy 2017.pdf Resolution - Investment Policy FY17.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution stating that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List and Investment Strategy. Relationship to Strategic Goals: (Select all that apply) ·Good Governance Recommendation(s): Staff recommends review and approval of the resolution. Summary:The Public Funds Investment Act requires an annual review and approval of the City's investment policy and investment strategies. The Act further requires the following: (1)that the governing body adopt a written instrument by rule,order,ordinance,or resolution stating that it has reviewed the investment policy and investment strategies, and (2)that the written instrument so adopted records any changes to either the investment policy or investment strategies. The City’s investment policy has been reviewed and certified by the Government Treasurers Organization of Texas (GTOT).The requirement for training hours for the investment officers was changed in the most recent legislative session from 10 hours to 8 hours once every 2 years.The investment policy has been revised to reflect that change. Staff proposes the removal of the commercial paper section of the previous policy as that is not a financial instrument utilized by the City. An annual review of the City’s authorized broker/dealers was performed. The proposed list for the City to do business with are: o Coastal Securities, Inc. College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0652,Version:1 o First Southwest Securities o American Momentum (CD’s only) As part of the City’s Investment Policy, Council is to review, approve and adopt any modifications to the list. Budget & Financial Summary:None Reviewed and Approved by Legal:Yes Attachments: 1.Investment Policy and Strategy 2.Resolution College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ ___________________________________________________________ Investment Strategy and Policy 2017 Approved by Council October XX, 2016 ___________________________________________________________ Revised: October 2016 2 Table of Contents INVESTMENT STRATEGY _________________________________________________________________________________ 3 I. POLICY _______________________________________________________________________________________________ 4 II. SCOPE ______________________________________________________________________________________________ 4 III. INVESTMENT OBJECTIVES _____________________________________________________________________________ 4 Safety ________________________________________________________________________________________________ 4 Liquidity ______________________________________________________________________________________________ 5 Yield _________________________________________________________________________________________________ 5 IV. RESPONSIBILITY AND CONTROL _______________________________________________________________________ 5 Delegation of Authority _________________________________________________________________________________ 5 Cash Flow Analysis ____________________________________________________________________________________ 5 Training Requirement __________________________________________________________________________________ 5 Internal Controls _______________________________________________________________________________________ 6 Prudence _____________________________________________________________________________________________ 6 Ethics and Conflicts of Interest___________________________________________________________________________ 6 V. SUITABLE AND AUTHORIZED INVESTMENTS _____________________________________________________________ 7 Portfolio Management __________________________________________________________________________________ 7 Investments ___________________________________________________________________________________________ 7 Exemption for Existing Investments ______________________________________________________________________ 8 Loss of Required Rating ________________________________________________________________________________ 8 VI. INVESTMENT PARAMETERS ___________________________________________________________________________ 8 Maximum Maturities ____________________________________________________________________________________ 9 Diversification _________________________________________________________________________________________ 9 VII. FINANCIAL INSTITUTIONS AND DEALERS _______________________________________________________________ 9 Depository ____________________________________________________________________________________________ 9 Authorized Brokers/Dealers ____________________________________________________________________________ 10 Competitive Bids _____________________________________________________________________________________ 10 Delivery vs. Payment __________________________________________________________________________________ 11 VIII. SAFEKEEPING OF SECURITIES _______________________________________________________________________ 11 Safekeeping Agreement________________________________________________________________________________ 11 Safekeeping and Custody ______________________________________________________________________________ 11 Collateralization ______________________________________________________________________________________ 11 IX. PERFORMANCE STANDARDS _________________________________________________________________________ 12 Performance Standards ________________________________________________________________________________ 12 Performance Benchmark _______________________________________________________________________________ 12 X. REPORTING _________________________________________________________________________________________ 12 Methods _____________________________________________________________________________________________ 12 Marking to Market _____________________________________________________________________________________ 12 XI. INVESTMENT POLICY ADOPTION ______________________________________________________________________ 13 QUALIFIED BROKERS/DEALERS __________________________________________________________________________ 14 GLOSSARY OF COMMON TREASURY TERMINOLOGY ________________________________________________________ 15 Revised: October 2016 3 INVESTMENT STRATEGY The City of College Station will pursue a passive investment strategy. Investments will be purchased with the intent of holding to maturity and will only be sold early under exceptional circumstances. In purchasing investments, the investment officer will attempt to follow a ladder strategy to ensure that the portfolio will have at least one investment maturing every month. Investment priorities are as follows: 1. Suitability - Any investment allowed under the Investment Policy is suitable. 2. Preservation and Safety of Principal - Investments of the City shall be undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio. 3. Liquidity - The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operational requirements that might reasonably be anticipated. 4. Marketability - Investments should have an active and efficient secondary market to enable the City to liquidate investments prior to the maturity if the need should arise. 5. Diversification - The Investment Officer will attempt to maintain a diversified portfolio with regard to security type, financial institution providing the security, and maturity. 6. Yield - The City’s investment portfolio shall be designed with the objective of attaining the maximum rate of return throughout budgetary and economic cycles, taking into account the City’s risk constraints and the cash flow characteristics of the portfolio. Revised: October 2016 4 CITY OF COLLEGE STATION INVESTMENT POLICY The Public Funds Investment Act, Chapter 2256, Texas Government Code, as Amended (”PFIA” herein), requires each city to adopt rules governing its investment practices and to define the authority of the investment officer. The following Investment Policy addresses the methods, procedures, and practices that must be exercised to ensure effective and judicious fiscal management of the City of College Station funds. I. POLICY It is the policy of the City of College Station, Texas (“City”) to invest public funds in a manner, which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all federal, state and local statutes governing the investment of public funds. II. SCOPE This investment policy applies to all the financial assets held by the City. These funds are defined in the City’s Comprehensive Annual Financial Report (CAFR) and include: General Fund Special Revenue Funds Debt Service Fund Capital Projects Funds Enterprise Funds Internal Service Funds Any new funds created by the City will be subject to this policy unless specifically exempted by the City Council. To maximize the effective investment of assets, all funds mentioned above will pool their cash balances for investment purposes. The income derived from investing activities will be distributed to the various funds based on calculation of their average balances. III. INVESTMENT OBJECTIVES The City of College Station shall manage and invest its cash with three primary objectives, listed in order of priority: safety, liquidity and yield. The safety of the principal invested always remains the primary objective. Safety Safety of Principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio. Revised: October 2016 5 Liquidity The City’s investment portfolio will remain liquid to enable the City to meet all operational requirements that might reasonably be anticipated. Yield The City shall invest funds in investments that earn a competitive market yield consistent with stated objectives. For bond proceeds to which arbitrage restrictions apply, the primary objectives shall be to obtain a fair market yield and to minimize the costs associated with the investment of such funds within the constraints of the investment policy and applicable bond covenants. IV. RESPONSIBILITY AND CONTROL Delegation of Authority The Assistant City Manager or his Designee(s) are designated the City’s Investment Officer. The Investment Officer shall be responsible for the investment of funds consistent with this Policy, and shall have the authority necessary to carry out such responsibilities. An investment committee consisting of the Investment Officer and at least two other staff members designated by the City Manager will also be formed. This committee will be responsible for selecting eligible broker/dealers, reviewing, and updating the investment policy annually. All participants in the investment process shall seek to act responsibly as custodians of the public trust. The Investment Officer shall establish written procedures for the operation of the investment program consistent with this investment policy. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Investment Officer. The Investment Officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Cash Flow Analysis Supplemental to the financial and budgetary systems, the Investment Officer will maintain a cash flow forecasting process designed to monitor and forecast cash positions for investment purposes. Cash flow analysis will include the historical researching and monitoring of specific cash flow items, payables and receivables as well as overall cash position and patterns. Training Requirement In order to ensure the quality and capability of investment management, the Assistant City Manager and his Designees shall: Revised: October 2016 6 - attend at least one training session within 12 months of assuming duties and containing not less than 10 hours of instruction from an independent source approved by the governing board or a designated investment committee; - receive training which includes education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio, and compliance with the PFIA; and - attend a training session not less than once each state fiscal biennium (beginning on the first day of the fiscal year and consisting of two consecutive fiscal years after that date) and receive not less than 8 hours of training from an independent source approved by the governing board or a designated investment committee. Internal Controls The Investment Officer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. Annually, the City’s independent auditors will review quarterly reports for the fiscal year. Prudence Investments shall be made with the judgment and care which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City, particularly with regard to the time of purchases and sales. Employees and investment officials shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City. Revised: October 2016 7 On an annual basis, the Investment officials shall sign a statement acknowledging that they are in compliance with Section 2256.005 (i) of the Public Funds Investment Act. V. SUITABLE AND AUTHORIZED INVESTMENTS Portfolio Management The City currently has a “buy and hold” portfolio strategy. Maturity dates are matched with cash flow requirements and investments are purchased with the intent to be held until maturity. Investments Acceptable investments under this policy shall be limited to certain instruments as described by the Government Code; Chapter 2256, Sections 2256.009 through 2256.011 and Sections 2256.013 through 2256.016 of the Public Funds Investment Act. Investment of funds in any instrument or security not authorized for investment under the Act is prohibited. Authorized 1. Direct obligations of the United States government: U.S. Treasury Bills, U.S. Treasury Notes, and U.S. Treasury Bonds as well as Bonds or other interest bearing obligations for which the principal and interest are guaranteed by the full faith and credit of the United States government and rated not less than A or its equivalent by at least one nationally recognized investment rating firm. 2. Federal Agencies and Instrumentalities including but not limited to, discount notes, callables and debentures of the Federal National Mortgage Association (FNMA), the Federal Home Loan Bank (FHLB), the Federal Farm Credit Bank (FFCB), and the Federal Home Loan Mortgage Corporation (FHLMC). 3. Time Certificates of Deposit, insured by the Federal Deposit Insurance Corporation (FDIC) or its successor, or the National Credit Union Share Insurance Fund or its successor, in state or national banks. Any deposits exceeding FDIC insurance limits shall be collateralized at 102% of the face amount of the Certificate of Deposit by securities listed in 1 - 2 above and held by the City's custodial bank or the custodial bank of the institution the CD’s are held. Bids for Certificates of Deposit may be solicited orally, in writing, electronically or using any combination of these methods. 4. Repurchase Agreements with a defined termination date of 90 days or less collateralized by a combination of cash and securities listed in 1 - 2 above. Collateral must have a minimum market value of 102% of the repurchase agreement, and must be held by the custodian bank or other independent third-party custodian contracted by the City. Bond proceeds may be invested in flexible repurchase agreements with maturity dates not exceeding the expected final project expenditure if a formal bidding process is followed and properly documented for IRS purposes. Revised: October 2016 8 5. AAA-rated No-Load Money Market Mutual Funds registered with the Securities and Exchange Commission that invest exclusively in investments described in this section. Must have a weighted average maturity of less than 90 days. 6. AAA-rated Investment Pools organized under the Texas Interlocal Cooperation Act that follow the requirements in the Public Funds Investment Act and which have been specifically approved by the City. Not Authorized The following security types are not permitted: 1. Obligations whose payment represents the coupon payments of the underlying mortgage- backed security collateral and pays no principal (IO’s); 2. Obligations whose payment represents the principle stream from the underlying mortgage- backed security collateral and bears no interest (PO’s); 3. Collateralized Mortgage Obligations (CMO’s) that have a stated final maturity date of greater than 10 years; and 4. Any security, the interest rate of which is determined by an index that adjusts opposite to the changes in the Market index (inverse floaters). Exemption for Existing Investments Any investment, which was authorized at the time of purchase, shall not be required to be liquidated. Loss of Required Rating If any security that requires a minimum investment rating is downgraded below that minimum rating subsequent to purchase, it will no longer be considered an authorized investment. As a result, the City shall take all prudent measures to liquidate the security in effort to preclude or reduce principle loss. The City will select a different approved broker/dealer each quarter to verify the ratings of securities held. Local Government Pools ratings will be verified quarterly by checking their websites. VI. INVESTMENT PARAMETERS Revised: October 2016 9 Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase. Additionally, the City will maintain a dollar-weighted average maturity of two years or less. Diversification It is the intent of the City to diversify the investment instruments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should be flexible depending upon the outlook for the economy and the securities markets. If conditions warrant, the guidelines below may be exceeded by approval of the Investment Committee. With the exception of U.S. Treasury securities, authorized pools, and the City’s depository accounts, the City may not invest more than 30% of the City’s investment portfolio with a single financial institution. In addition, the following maximum limits, by instrument, are established for the City’s total portfolio: 1. U.S. Treasury Securities 100% 2. Agencies and Instrumentalities 70% 3. Certificates of Deposits 40% 4. Money Market Mutual Funds 30% 5. Repurchase Agreements 20% 6. Commercial Paper 20% 7. Authorized Pools 70% VII. FINANCIAL INSTITUTIONS AND DEALERS Depository At least every three to five years a Depository shall be selected through the City’s banking services procurement process, which shall include a formal request for application (RFA). The selection of a depository will be determined by competitive bid and evaluation of bids will be based on the following selection criteria: The ability to qualify as a depository for public funds in accordance with state and local laws. The ability to provide requested information or financial statements for the period specified. The ability to meet all requirements in the banking RFA. Complete response to all required items on the bid form. Revised: October 2016 10 Lowest net banking service cost, consistent with the ability to provide an appropriate level of service. The credit worthiness and financial stability of the bank. The bank depository contract is subject to Council approval. During the term of the contract, additional accounts may be established. The City may open a cash money market account with its approved depository bank. Accounts held by the approved bank are to be collateralized at no less than 105%. Two authorized signers on the City’s accounts must approve the establishment of new accounts. Authorized Brokers/Dealers The Investment Officer shall maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services in the State of Texas. These may include “primary” or regional dealers that qualify under SEC rule 15C3 -1. No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Investment Officer with a completed Broker/Dealer Questionnaire and Certification, which shall include the following: An audited financial statement for the most recent period. Proof of certification by the Financial Industry Regulatory Authority (FINRA). Proof of current registration with the State Securities Commission. Financial institutions eligible to transact investment business with the City shall be presented a written copy of this Investment Policy. Additionally, the qualified representative of the business organization seeking to transact investment business shall execute a written instrument substantially to the effect that the qualified representative has received and reviewed this Investment Policy, and acknowledged that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities with the City. The City will not enter into an investment transaction with a Broker/Dealer prior to receiving the written agreement described above and current audited financial statements. Annually, the Investment Committee shall review and revise the list as needed. The Committee will consider any new firms that have submitted the required documentation and review the performance of the previously approved firms. Any modifications to the list will be submitted to Council for their review, approval and adoption. Competitive Bids Revised: October 2016 11 Securities will be purchased or sold after three (3) offers/bids are taken to verify that the City is receiving fair market value/price for the investment. Security transactions that may be purchased without competitive offers include: a) transactions with money market mutual funds b) local government investment pools and c) new securities still in syndicate and priced at par. Delivery vs. Payment All securities transaction, including collateral for repurchased agreements, shall be purchased using the delivery vs., payment method with the exception of investment pools and mutual funds. Funds will be released after notification that the purchased security has been received. VIII. SAFEKEEPING OF SECURITIES Safekeeping Agreement The City shall contract with a bank or banks for the safekeeping of securities either owned by the City as part of its investment portfolio or held as collateral to secure demand or time deposits. Safekeeping and Custody Safekeeping and custody of securities and collateral shall be in accordance with state law. Securities and collateral will be held by a third party custodian designated by the Investment Officer and held in the City’s name as evidenced by safekeeping receipts of the institution with which the securities are deposited. Original safekeeping receipts shall be obtained. Collateralization Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the City to require full collateralization of all investments and funds on deposit with a depository bank, other than investments, which are obligations of the U.S. government, its agencies and instrumentalities, and government sponsored enterprises. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 102% of market value of principal and accrued interest on deposits or investments less than an amount insured by the FDIC. The collateralization level of the City’s depository accounts will be no less than 105%. Collateral will always be held by an independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted. Revised: October 2016 12 IX. PERFORMANCE STANDARDS Performance Standards The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. Performance Benchmark Given the passive investment strategy of the City, the benchmark to be used by the Investment Officer to determine whether market yields are being achieved shall be the average closing yield during the reporting period comparable to the portfolios dollar-weighted average maturity in days. X. REPORTING Methods Not less than quarterly and within a reasonable time after the end of the period reported, the Investment Officer should prepare and submit to the City Council a written report of the investment transactions for all funds of the City for the preceding reporting period. The report must: describe in detail the investment position of the City on the date of the report, be prepared jointly by all the Investment Officers if the City appoints more than one, be signed by all Investment Officials, contain a summary statement of each pooled fund group that states the beginning market value for the reporting period, state the book value and the market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested, state the maturity date of each separately invested asset that has a maturity date, state the fund for which each individual investment was acquired, state all accrued interest payable; and state the compliance of the investment portfolio as it relates to this Policy and Investment Act. Marking to Market The market values of the City’s investments shall be obtained from a reliable outside source, which has access to investment market values. Marketing to Market will be done at least quarterly. Revised: October 2016 13 XI. INVESTMENT POLICY ADOPTION The City’s investment policy and investment strategies must be adopted annually by resolution of the City Council even if there are no changes. The City Council shall review the policy annually and they must approve any changes or modifications made thereto. Revised: October 2016 14 QUALIFIED BROKERS/DEALERS Costal Securities, Inc. Tony Sekaly 5555 San Felipe, Suite 2200 Houston, Texas 77056 Phone: (713)435-4328 First Southwest Securities Linda Calloway 300 West 6th Street, Suite 1940 Austin, TX 78701 Phone: (512)481-2040 American Momentum (CD’s only) Five Momentum Blvd. College Station, TX 77845 Phone: (979)599-9349 INVESTMENT POOLS TexPool TexSTAR 600 Travis Street, Suite 7200 325 North St. Paul, Suite 800 Houston, TX 77002 Dallas, TX 75201 Phone: (866)891-7665 Phone: (800)839-7827 DEPOSITORY BANK Branch Banking & Trust (BB&T) 2717 Texas Avenue South College Station, Texas 77840 (979)260-1482 Revised: October 2016 15 GLOSSARY OF COMMON TREASURY TERMINOLOGY Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Asked - The price at which securities are offered. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., "1/4" of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security's current value in the market. Broker - A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond's original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Cash Sale/Purchase - A transaction that calls for delivery and payment of securities on the same day that the transaction is initiated. Certificate of Deposit (CD) – A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. Revised: October 2016 16 Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper - An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Comprehensive Annual Financial Report (CAFR) – The official annual report for the City of College Station. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provision, extensive introductory material, and a detailed statistical section. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. It is also known as the interest rate. Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer's ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Dealer – A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Discount - The amount by which the par value of a security exceeds the price paid for the security. Discount Security – Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration - A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Revised: October 2016 17 Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. Federal Credit Agencies – Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g. S&L’s small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC) – A federal agency that insures bank deposits, currently up to $250,000 per depository account through December 31, 2013. On January 1, 2014, the standard insurance amount will return to $100,000. Federal Home Loan banks (FHLB) – The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role similar to that played by the Federal Reserve Bank versus member commercial banks. Federal National Mortgage Association (FNMA) – A government –sponsored enterprise (GSE) that was created in 1938 to expand the low of mortgage money by creating a secondary mortgage market. Fannie Mae is a publicly traded company which operates under a congressional charter that directs Fannie Mae to channel its efforts into increasing the availability and affordability of homeownership for low-, moderate-, and middle-income Americans. Federal Open Market Committee (FOMC) – Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. Federal Reserve System – The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. Financial Industry Regulatory Authority (FINRA) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bills, Notes, and Bonds." Interest Rate - See "Coupon Rate." Interest Rate Risk - The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Revised: October 2016 18 Internal Controls - An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employer. Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Liquidity - An asset that can be converted easily and quickly into cash. Local Government Investment Pool (LGIP) - An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See "Weighted Average Maturity." Money Market – The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds). Revised: October 2016 19 Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund's assets that includes securities, cash, and any accrued earnings, subtracting this from the fund's liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund's portfolio. (See below.) [(Total assets) - (Liabilities)] / (Number of shares outstanding) Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the "coupon," "coupon rate," or "interest rate." Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the "Ask price." Par - Face value or principal value of a bond, typically $1,000 per bond. Portfolio – Collection of securities held by an investor. Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security's par value. Prime Rate - A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates are keyed to this rate. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer's business, the proposed use of proceeds, the experience of the issuer's management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Rate of Return – The yield obtainable on a security based on its purchases price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (repo or RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Revised: October 2016 20 Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Secondary Market – A market made for the purchase and sale of outstanding issues following the initial distribution. Securities & Exchange Commission – Agency created by Congress to protect investors in securities transactions by administering securities legislation. Serial Bond - A bond issue, usually of a municipality, with various maturity dates scheduled at regular intervals until the entire issue is retired. Sinking Fund - Money accumulated on a regular basis in a separate custodial account that is used to redeem debt securities or preferred stock issues. Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue which come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Bonds – Marketable, fixed-interest U.S. government debt securities with maturities of more than ten years and issued in minimum denominations of $1,000. Treasury bonds make interest payments semi-annually and the income that holders received is only taxed at the federal level. Treasury Notes - Marketable U.S. government debt securities with fixed interest rates and maturities between 1 to 10 years. Treasury notes can be bought either directly from the U.S. government or through banks. Revised: October 2016 21 Uniform Net Capital Rule - SEC Rule 15C3-1 – Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ration of indebtedness to liquid capital of 15 to 1: also called net capital rule and net capital ratio. Indebtedness covers all money owned to a firm, including margin loans and commitments to purchase securities. This is one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Volatility - A degree of fluctuation in the price and valuation of securities. Volatility Risk Rating - A rating system to clearly indicate the level of volatility and other non- credit risks associated with securities and certain bond funds. The ratings for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns ("aaa" by S&P; "V-1" by Fitch) to those that are highly sensitive with currently identifiable market volatility risk ("ccc-" by S&P, "V-10" by Fitch). Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. Yield - The current rate of return on an investment security generally expressed as a percentage of the security's current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve - A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor's potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE CITY’S INVESTMENT POLICY, BROKER/DEALER LIST AND INVESTMENT STRATEGY FOR FISCAL YEAR 201 7 AND AUTHORIZING ITS IMPLEMENTATION. WHEREAS, the goal of the City of College Station is to create an Investment Policy to insure the safety of all funds entrusted to the City, while making available those funds for the payment of all necessary obligations of the City, and providing for the investment of all funds not immediately required in interest bearing securities; and WHEREAS, the safety of the principal invested shall always be the primary concern of the City of College Station; and WHEREAS, the management of monies in order to insure maximum cash availability and maximum yields on a short term investment is a primary goal of the City of College Station; and WHEREAS, the Investment Policy for Fiscal Year 2017 designates the Assistant City Manager or his Designee(s) as the Investment Officer of the City and authorizes the Investment Officer to carry out the responsibilities of investing the City's funds; and WHEREAS, the Investment Policy for Fiscal Year 2017 contains the City’s Collateral Policy as required pursuant to Texas Government Code, Chapter 2257. WHEREAS, the City Council of the City of College Station has reviewed the City’s Investment Policy for Fiscal Year 2017, Broker/Dealer List for Fiscal Year 2017 and the City’s Investment Strategy for Fiscal Year 2017; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the City’s Investment Policy , Broker/Dealer List and the Investment Strategy for Fiscal Year 2017. PART 2: That the City Council hereby approves the designation of the Assistant City Manager or his Designee(s) as the Investment Officer of the City and authorizes the Investment Officer to carry out the responsibilities of investing the City's funds consistent with the City’s Investment Policy. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, A.D. 2016. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0656 Name:2016 Property Tax Roll Status:Type:Presentation Consent Agenda File created:In control:10/7/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on approval of the 2016 Property Tax Roll in the amount of $37,007,710.65. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:C2 2016 Levy - TotalsReport.rpt City CS Levy Letter 2016 Action ByDate Action ResultVer. Presentation, possible action, and discussion on approval of the 2016 Property Tax Roll in the amount of $37,007,710.65. Recommendation(s):Staff recommends approval of the 2016 Property Tax Roll in the amount of $37,007,710.65. Summary:Section 26.09 (e) of the Texas Property Tax Code mandates formal approval of the Tax Roll by the City Council as the final step in the process of establishing the tax roll for the new year. The tax roll consists of the Maintenance and Operations levy and the Interest and Sinking fund levy. The tax roll that will be generated by the tax rate of $0.4725 per $100 assessed valuation is $37,007,710.65. This tax rate was adopted by the City Council on September 22, 2016. Budget & Financial Summary:See above Reviewed and Approved by Legal:N/A Attachments: 1.Letter from Tax Assessor Collector 2.2016 Levy Totals College Station, TX Printed on 10/24/2016Page 1 of 1 powered by Legistar™ BRAZOS County 2016 LEVY TOTALS C2 - CITY OF COLL. STAT. Grand TotalsProperty Count: 31,066 8:22:29AM10/6/2016 Land Value Homesite:1,052,109,198 Non Homesite:1,429,868,270 Ag Market:112,614,643 Timber Market:2,594,592,111Total Land (+)0 Improvement Value Homesite:3,447,653,656 Non Homesite:2,929,265,225 Total Improvements (+)6,376,918,881 Non Real ValueCount Personal Property:3,149 500,848,460 Mineral Property:1,389 5,635,204 Autos:0 0 Total Non Real (+)506,483,664 Market Value =9,477,994,656 ExemptAgNon Exempt 112,614,643 0 Total Productivity Market: Ag Use:743,741 0 111,870,902(-)Productivity Loss Timber Use:0 0 =Appraised Value 9,366,123,754 Productivity Loss:0111,870,902 22,890,548(-)Homestead Cap =Assessed Value 9,343,233,206 (-)Total Exemptions Amount (Breakdown on Next Page) 1,370,109,723 =Net Taxable 7,973,123,483 Freeze Assessed Taxable Actual Tax Ceiling Count 19,031,509 18,008,349 69,206.70 70,577.41 90DP 325,347 325,347 1,251.50 1,251.50 2DPS 719,849,723 625,108,033 2,304,507.77 2,326,975.90 2,788OV65 Total 739,206,579 643,441,729 2,398,804.81 Freeze Taxable (-)2,374,965.97 2,880 643,441,729 Tax Rate 0.472500 =7,329,681,754Freeze Adjusted Taxable Levy Info M&O Rate: I&S Rate: Protected I&S Rate: M&O Tax: I&S Tax: Protected I&S Tax: Ag Penalty: 0.277161 0.195339 0.000000 21,708,135.02 15,299,575.63 0.00 0.00 0.00PP Late Penalty: Total Levy 37,007,710.65 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 1 of 2C2/237983 True Automation, Inc. BRAZOS County 2016 LEVY TOTALS C2 - CITY OF COLL. STAT. Exemption Breakdown StateLocalExemption Count Total 10/6/2016 8:22:29AMProperty Count: 31,066 Grand Totals AB 2 8,516,376 0 8,516,376 CHODO (Partial) 9 9,838,418 0 9,838,418 DP 95 0 0 0 DPS 2 0 0 0 DV1 94 0 841,000 841,000 DV1S 5 0 15,000 15,000 DV2 53 0 537,000 537,000 DV3 60 0 614,000 614,000 DV3S 1 0 10,000 10,000 DV4 128 0 788,453 788,453 DV4S 20 0 240,000 240,000 DVHS 79 0 18,328,577 18,328,577 DVHSS 7 0 1,396,726 1,396,726 EX 3 0 1,001,785 1,001,785 EX-XG 1 0 128,490 128,490 EX-XI 1 0 11,500 11,500 EX-XL 2 0 236,250 236,250 EX-XN 15 0 11,018,750 11,018,750 EX-XR 1 0 6,990 6,990 EX-XU 6 0 21,761,840 21,761,840 EX-XV 562 0 1,191,886,964 1,191,886,964 EX-XV (Prorated) 3 0 1,117,830 1,117,830 EX366 1,314 0 174,048 174,048 FR 5 11,346,209 0 11,346,209 MASSS 3 0 585,429 585,429 OV65 3,050 89,552,038 0 89,552,038 OV65S 3 90,000 0 90,000 PC 1 66,050 0 66,050 Totals 119,409,091 1,250,700,632 1,370,109,723 Page 2 of 2C2/237983 True Automation, Inc. Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct. Bryan, TX 77802 979-775-9930 979-775-9938 - Fax October 6, 2016 Honorable Nancy Berry Mayor City of College Station RE: Certification of 2016 Levy Dear Mayor Berry: Please place approval of the 2016 tax levy on the next College Station City Council agenda. Enclosed with this correspondence is the calculated 2016 levy for the City of College Station. Approval of the Levy is the final step in the creation of the tax rolls for College Station. Please contact me if you have any questions concerning the information. Respectfully, Kristeen Roe Kristeen Roe, CTA, PCC Tax Assessor/Collector Brazos County, Texas City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0662 Name:Carters Creek WWTP Electrical Improvements Design Contract Status:Type:Contract Consent Agenda File created:In control:10/10/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on a professional services contract (Contract No. 17300014) with Jones & Carter, Inc. in the amount of $309,000 for the final design and construction phase services for the Carters Creek Electrical Improvements Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Carters Creek Map Action ByDate Action ResultVer. Presentation, possible action, and discussion on a professional services contract (Contract No. 17300014) with Jones & Carter, Inc. in the amount of $309,000 for the final design and construction phase services for the Carters Creek Electrical Improvements Project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: The scope of this contract includes final design, geotechnical investigation services, bid phase services, construction phase services, and construction materials testing. This project was originally combined with two other projects and formed the Treatment Plant Major Equipment Replacement Project. A Preliminary Engineering Report (PER) was completed. This contract is a follow on contract to finalize design for construction of the electrical improvements with associated appurtenances for the Carters Creek Waste Water Treatment Plant. The purpose of this project is to replace and upgrade specific existing electrical equipment including motor control centers, electrical ductbanks, high voltage conductors, control wiring, and existing centrifuge control and power panels. Jones & Carter, Inc., was selected as the most highly qualified firm as part of RFQ# 15-023 for the Treatment Plant Major Equipment Plant Project. Budget & Financial Summary: Budget in the amount of $2,560,000 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $69,393 has been expended or committed to date leaving $2,490,607 for this design contract, construction and related expenditures. Attachments: 1. Contract - On file in the City Secretary’s Office College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0662,Version:1 2. Project Location Map College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ F R O N T A G E 6 R D E A R L R U D D E R F WY E M E R ALDPWAPPO M ATTOX DR RAINTREE DR FROST DRNORTH FOREST PWSEBESTA RDNUNN JONES RD SANDS T ONE DR S PR INGCREEK ONRAMP 6H OWEDR HARVEYMITCHELL PKWY LAUREN DR OAKW OODTRKRENEK TAP RDHORSEHAVENLNCENTRALPARK L N JUSTIN AV FRENEAUDRMORGANS LNALISON AV BENT OAK STBENTTREEDRWILD E RNESSDRAMBERRIDG ED R ALLEY CHIPPENDALE ST CORSAIRCROFFRAMP6RED HILL DRFAULKNERDRD R IF T W OODDRSUMTER DREMERA L DPLZ CHESTNUT O AKCRTURTLEROCKLOMAPLEWOOD CTWALNUT GROVE CTCALICO CTSAVANNAH CTSHILOH CT F R O N T A G E 6 R D ONRAMP 6E A R L R U D D E R F WYAPPOMATTOX DR OFFRAMP 6Carters Creek Electrical Improvements Project Plot Date: 10/6/2016 Legend Streets Property City Limit s Carters Creek Wa stewater Treatment Plant City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0663 Name:Pecan Trail Intermediate Interlocal Agreement Status:Type:Agreement Consent Agenda File created:In control:10/10/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on approval of an Interlocal Agreement between the City of College Station and the College Station Independent School District for the cost participation by the College Station Independent School District in the City’s Greens Prairie Trail Widening Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:1076_001 Project Map Action ByDate Action ResultVer. Presentation, possible action, and discussion on approval of an Interlocal Agreement between the City of College Station and the College Station Independent School District for the cost participation by the College Station Independent School District in the City’s Greens Prairie Trail Widening Project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the agreement. Summary: The project includes changing the existing 2-lane asphalt roadway section into a 4-lane minor arterial concrete roadway with raised medians from FM 2154 to Royder Road. Due to the traffic impact of the proposed Pecan Trail Intermediate School, a traffic signal at Greens Prairie Trail and Ledgestone and deceleration lanes were added to the City’s roadway project. CSISD will be cost participating in the City’s project for the cost of the improvements due to the traffic impacts of the new school. Budget & Financial Summary: A total project budget of $5,395,000 is included for this project in the Streets Capital Improvement Projects Fund. CSISD will be reimbursing the City for actual costs of improvements associated with traffic impacts of the new school up to a not to exceed amount of $435,000. Legal Review: Yes. Attachments: 1.Resolution 2.Agreement College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0663,Version:1 3.Project Map College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ GREENSPRAIRIETRF M 2 1 5 4 TI M B ERCREEKLNI & G N R D CLAYTONSTONY BROOKDERBY CRIRISLNBUFFALOCREEKLOTRIPLE RIDGEHIDDENACRESDRDYMPLE LNROYDER RDFRI E R S O N RD PROJECT LOCATION GREENS PRAIRIE TRAIL REHABILIITATION. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0664 Name:Rock Prairie Road / SH 6 AFA Status:Type:Agreement Consent Agenda File created:In control:10/10/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding the approval of a Resolution allowing the Mayor to sign an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for miscellaneous signal and pedestrian improvements on SH 6 at Rock Prairie Road. Sponsors:Donald Harmon Indexes: Code sections: Attachments:RES AFA hwy 6 @ RPR Ready Partial Execute_LF-AFA_0050-02-105_09072016 Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the approval of a Resolution allowing the Mayor to sign an Advance Funding Agreement (AFA)with the Texas Department of Transportation (TXDOT)for miscellaneous signal and pedestrian improvements on SH 6 at Rock Prairie Road. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the Resolution. Summary:This AFA covers work needed in TXDOT right-of-way as part of the Rock Prairie Road widening project.The work includes miscellaneous signal and pedestrian improvements not covered under the Mutual Maintenance Agreement with TXDOT so requires the City enter into this Agreement. This AFA is a $0.00 payment agreement. Budget & Financial Summary: This AFA has no budgetary impact. Legal Review: Yes. Attachments: 1.Resolution 2.Advance Funding Agreement (includes project map) College Station, TX Printed on 10/24/2016Page 1 of 1 powered by Legistar™ 72ca8d45-c4d9-4685-8560-ad7572919e52.DOCX RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDoT”) AUTHORIZING THE EXPENDITURE OF $4,209,575.00 FOR CERTAIN PUBLIC ROADWAY IMPROVEMENTS INCLUDING THE WIDENING OF ROCK PRAIRIE ROAD AND MISCELLANEOUS SIGNAL AND PEDESTRIAN IMPROVEMENTS NEAR THE INTERSECTIONS OF STATE HIGHWAY 6 FRONTAGE ROADS AT ROCK PRAIRIE ROAD; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station (“City”) desires to make certain improvements including utility work, rehabilitation and general roadway improvements along a portion of Rock Prairie Road including its intersection with the frontage roads along State Highway 6 (the “Project”); and WHEREAS, in order to do this it is necessary to coordinate with the Texas Department of Transportation (“TXDoT”) in a manner that falls outside the provisions of the City’s mutual maintenance agreement with TXDoT; and WHEREAS, the City Council of the City of College Station, Texas, desires to continue said Project including coordinating portions of the Project involving TXDoT State Highway 6 frontage roads as hereinafter set out; and by entering into this Advance Funding Agreement for a Miscellaneous Signal and Pedestrian Improvement Project On System; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble are hereby declared true and correct. PART 2: That the City Council hereby approves an agreement with TXDoT for the City to contribute an amount not to exceed $4,209,575.00 for the costs associated with the City’s share of the Project as set forth in the Advance Funding Agreement for a Miscellaneous Signal and Pedestrian Improvement Project On System as set forth in Exhibit “A” attached hereto. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 27th day of October, A.D. 2016. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: 72ca8d45-c4d9-4685-8560-ad7572919e52.DOCX _______________________________ City Attorney CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A Miscellaneous Signal and Pedestrian Improvement Project On System THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 114585, authorizing the State to undertake and complete a highway improvement generally described as the demolition of existing asphalt roadway, sidewalks, and ramps at intersections of Rock Prairie and both northbound and southbound frontage road. Existing subgrade will be re-stabilized and new concrete driving surface will be constructed. Both intersections will be restriped and striping on outside eastbound lane on the bridge will be removed and replaced to match proposed lane configuration on Rock Prairie called the “Project”; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated ______________, 20__, which is attached to and made a part of this agreement as Attachment “A” for the improvement covered by this agreement. A map showing the Project location appears in Attachment “B,” which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA-AFA_LongGen Page 1 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Work includes the demolition of existing asphalt roadway, sidewalks, and ramps at intersections of Rock Prairie Road and both northbound and southbound feeder roads. Existing subgrade will be re-stabilized and new concrete driving surface will be installed. Both intersections will be re-striped and striping on outside eastbound lane on the bridge will be removed and replaced to match proposed lane configuration on Rock Prairie Road. The existing pedestrian pole at the southeast corner of the northbound feeder road will be relocated to accommodate the new roadway layout. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget – Attachment “C”, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties are shown in Attachment “C”. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. The Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. AFA-AFA_LongGen Page 2 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-state participation costs associated with the Project, otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government’s funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction cost. G. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation.” The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government’s contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. I. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a specified percentage or a “periodic payment” non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. L. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. M. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State’s written notification of those amounts. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those AFA-AFA_LongGen Page 3 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government’s failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning AFA-AFA_LongGen Page 4 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State’s request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem’s mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. AFA-AFA_LongGen Page 5 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. C. Upon completion of the Project, the party constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion. D. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: AFA-AFA_LongGen Page 6 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development Local Government: Director of Public Works City of College Station P.O. Box 9960 College Station, Texas 77842 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA-AFA_LongGen Page 7 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement’s subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance A. A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government’s obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. AFA-AFA_LongGen Page 8 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 AFA-AFA_LongGen Page 9 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of AFA-AFA_LongGen Page 10 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA-AFA_LongGen Page 11 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $______ expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30. Pertinent Non-Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ AFA-AFA_LongGen Page 12 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 31. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-AFA_LongGen Page 13 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Kenneth Stewart Director of Contract Services Texas Department of Transportation _________________________________ Date AFA-AFA_LongGen Page 14 of 14 Revised 08/22/2016 CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-AFA_LongGen Page 1 of 1 Attachment A CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B Location Map Showing Project AFA-AFA_LongGen Page 1 of 1 Attachment B CSJ # 0050-02-105 District # 17-Bryan Code Chart 64 # 09050 Project: SH 6 Frontage Road- Rock Prairie Road Widening Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C Project Budget The Local Government will be responsible for hundred percent (100%) of the Engineering and Construction cost, including overruns. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Engineering (By LG) $273,850.00 0% $0.00 0% $0.00 100% $273,850.00 Construction (By LG) $3,935,725.00 0% $0.00 0% $0.00 100% $3,935,725.00 Subtotal $4,209,575.00 $0.00 $0.00 $4,209,575.00 Construction (Direct State Cost) $88,554.00 0% $0.00 100% $88,554.00 0% $0.00 Utilities (Direct State Cost) $9,446.00 0% $0.00 100% $9,446.00 0% $0.00 Environmental (Direct State Cost) $4,723.00 0% $0.00 100% $4,723.00 0% $0.00 Engineering (Direct State Cost) $11,807.00 0% $0.00 100% $11,807.00 0% $0.00 Right of Way (Direct State Cost) $3,542.00 0% $0.00 100% $3,542.00 0% $0.00 Indirect State Costs $7,533.00 0% $0.00 100% $7,533.00 0% $0.00 TOTAL $4,335,180.00 $125,605.00 $4,209,575.00 Initial payment by the Local Government to the State: $0.00 Payment by the Local Government to the State before construction: $0.00 Estimated total payment by the Local Government to the State is $0.00 this is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-AFA_LongGen Page 1 of 1 Attachment C City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0665 Name:Royder Road Expansion Project Status:Type:Contract Consent Agenda File created:In control:10/10/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on a professional services contract (Contract No. 17300072) with Jones & Carter, Inc. in the amount of $358,000 for the final design and construction phase services of the southern portion of the Royder Road Expansion Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Royder Road South - 20161006 Action ByDate Action ResultVer. Presentation, possible action, and discussion on a professional services contract (Contract No. 17300072) with Jones & Carter, Inc. in the amount of $358,000 for the final design and construction phase services of the southern portion of the Royder Road Expansion Project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the professional services contract. Summary: The scope of this contract includes final design services of the roadway and drainage system, traffic signal design at Greens Prairie Trail and Royder Road, streetlight design, geotechnical investigation, environmental constraints investigation, United States Army Corps of Engineers coordination, bid and construction phase support, and construction materials testing. The intent of this portion of the project is to reconstruct Royder Road from approximately 700 feet south of the intersection with Greens Prairie Trail intersection to the College Station ISD property (approximately 2,700 feet). The existing two lane open ditch section will be converted to a modified major collector with two travel lanes, a dedicated center turn lane, bike lanes, curb and gutter, and oversized sidewalks on both sides of the road. Due to an increase in development and school traffic, a section of Royder Road is proposed to be realigned to FM 2154 (Wellborn Road) north of the CSISD property. Because of the realignment and expected opening date of the new CSISD Middle School No. 3, the southern section of the Royder Road reconstruction is being expedited. The final design for the northern portion will follow promptly. Budget &Financial Summary:Budget in the amount of $4,930,000 is included for this project in the Streets Capital Improvement Projects Fund.A total of $67,724 has been expended or committed to date,leaving $4,862,276 for the design College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0665,Version:1 of the northern section, and for construction. Attachments: 1. Contract - On file in the City Secretary’s Office 2. Project Location Map College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ ROYDER RD GREENS PRAIRIE TRLEDGESTONE TRLCREEKMEADO W B L N GUS ROY RDCEDARCREEKCT CRIPPLEC R E E K C T WOODBROOKLN FLA G STO N E CT BAKERMEADOWLOSILVERBROOKCTW OOD GLEN DR WILD HORSE CREEK CT Royder Road Expansion Project Plot Date: 10/6/2016 Legend Streets Property City Limit s CSISD Middle School #3 Royd er RoadExpansion Project City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0668 Name:PARD,PW's and PS Gen'l Projects DRR Status:Type:Resolution Consent Agenda File created:In control:10/11/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for Parks and Recreation, Public Works and Public Safety facility improvement projects and equipment purchases that were included in the FY17 Capital Improvements Program Budget. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:PARD, PW's & Public Safety Gen'l DRR Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for Parks and Recreation, Public Works and Public Safety facility improvement projects and equipment purchases that were included in the FY17 Capital Improvements Program Budget. Relationship to Strategic Goals: 1.Financially Sustainable City 2.Core Services and Infrastructure Recommendation:Staff recommends approval of the “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt.” Summary:The FY17 Approved Budget included a number of Parks and Recreation,Public Works and Public Safety facility improvement projects and equipment purchases that are anticipated to be funded with Certificates of Obligation that have not yet been issued.On projects for which spending will occur in advance of the debt issue,a “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt”must be approved by Council.Typically,the resolution is brought to Council along with the initial contract for the project (i.e.the engineering contract).However,in some cases,the contract may be below the threshold required for Council approval and/or spending may take place before the contract is brought to Council (i.e.staff time charged to the project for initial planning).This “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt”is being brought to Council to cover expenditures for projects on which spending is estimated to occur in advance of the debt issue scheduled for FY17. Budget & Financial Summary:The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because the long term debt has not been issued for the projects. The debt that this resolution is intended to cover is estimated to be issued in FY17. Reviewed and Approved by Legal:Yes. College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0668,Version:1 Attachment: 1.Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO. _________________ RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STAT ION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $4,100,000, for the purpose of paying the aggregate costs of the Projects. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 27th DAY OF October, 2016. _______________________________ Nancy Berry, Mayor ATTEST: _________________________________ Sherry Mashburn, City Secretary (Seal) Exhibit "A" The projects to be financed that are the subject of this Statement are: Fire Department Self-Contained Breathing Apparatus Equipment ($1,250,000) These funds are planned to be used for the replacement of the Self-Contained Breathing Apparatus Equipment. This includes all air pack units, masks, cylinders and all other related equipment. Public Safety Portable Radio Replacement ($1,400,000) These funds are planned to be used for the replacement of the hand-held radio units and related equipment that is used by the Police and Fire Departments. Texas Avenue Planter Box Replacement ($400,000) These funds are planned to be used for the reconstruction of the raised brick planter boxes and related irrigation along Texas Avenue. Aquatics Renovations and Improvements ($300,000) These funds are planned to be used for a variety of aquatics (pool) renovations and improvements. These include the replacement of a slide feature; structural pool renovations; and fencing, decking, plumbing and related improvements. System-Wide Park Improvements ($750,000) These funds are planned to be used for a variety of park infrastructure improvements and purchases. These include sidewalk reconstruction, the purchase and installation of play units, the installation of surfacing and the resurfacing of play unit areas, basketball court resurfacing, parking lot reconstruction, lighting and fencing upgrades and the purchase of various fitness equipment. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0669 Name:FY17 Aggieland Humane Society Resolution Status:Type:Resolution Consent Agenda File created:In control:10/11/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion on a resolution authorizing expenditures to the Aggieland Humane Society, Inc. in the amount of $235,000. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Animal Shelter Resolution Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution authorizing expenditures to the Aggieland Humane Society, Inc. in the amount of $235,000. Relationship to Strategic Goals:(Select all that apply) 1.Core Services and Infrastructure Recommendation(s):Staff recommends approval of the resolution funding in the amount of $235,000 to the Aggieland Humane Society, Inc. Summary:On September 22, 2016 Council approved the FY17 budget, which included funding for the Aggieland Humane Society, Inc. An Animal Shelter Services Agreement for services provided by the Aggieland Humane Society, Inc. was approved on September 26, 2013. The FY17 funding level is based on the animal shelter determination of the estimated cost to the City of College Station for providing the contracted services. Budget & Financial Summary:Funds are available and budgeted in the General Fund for this agreement. Payments are made in 11 equal installments of $19,583.33 and a twelfth installment of $19,583.37. Attachments: 1.Resolution College Station, TX Printed on 10/24/2016Page 1 of 1 powered by Legistar™ RESOLUTION NO.___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS AUTHORIZING ANNUAL EXPENDITURE TO THE AGGIELAND HUMANE SOCIETY, INC. FOR ANIMAL SHELTER SERVICES PROVIDED TO THE CITY OF COLLEGE STATION BY THE AGGIELAND HUMANE SOCIETY, INC. WHEREAS, the City of College Station entered into an Agreement for Animal Shelter Services with the Aggieland Humane Society, Inc. on September 26, 2013; and WHEREAS, Article 5 of the Agreement provides the City shall pay a fee for Animal Shelter Services to be established annually by separate resolution; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby authorizes the expenditure for Fiscal Year 2016-2017 in the amount of $235,000.00 for a fee for Animal Shelter Services, to be payable in 11 equal installments of $19,583.33 and a twelfth installment of $19,583.37. PART 2: That the City Council hereby finds that funds are budgeted and available in the Fiscal Year 2016-2017 Approved Budget in the General Fund for such fee. PART 3: That this resolution is to be effective for the 2016-2017 Fiscal Year from October 1, 2016 – September 30, 2017. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this _________ day of _____________________, 2016. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0677 Name:VFD Purchase Status:Type:Contract Consent Agenda File created:In control:10/11/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding the purchase of five (5) variable frequency drives from The Reynolds Company, in the amount of $499,529 to replace the existing units now being operated in Water Production. Sponsors:David Coleman Indexes: Code sections: Attachments:Contract 16300551 Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the purchase of five (5) variable frequency drives from The Reynolds Company, in the amount of $499,529 to replace the existing units now being operated in Water Production. Relationship to Strategic Goals:Core services and infrastructure Recommendation:Staff recommends approval of this purchase. Summary: Variable Frequency Drives (VFD) allow large electric motors to start slowly and operate at a variety of speeds, which makes the motors last longer and gives water operators flexibility to adjust the amount of water being pumped by each motor. The existing VFD being used in water production operation were made by Robicon, and installed in 2001 and 2002. They are still working and in- service, but they have reached the expected service life of fifteen (15) years. Also, we’re not certain how long we’ll be able to effectively acquire all of the replacement parts that might be needed to keep these units operating. The new VFD have a four month lead time, so it is important to purchase them now, so we can replace them in the low water demand season and have them ready for the summer of 2017. The quoted price for the replacement VFD is from The Reynolds Company and is GSA schedule pre- competed pricing. The purchase request includes: 1.One (1) 500hp VFD to be used with High Service #2 at the Dowling Road Pump Station 2.Three (3) 500hp VFD’s to be used with Low Service Transfer Pumps 1, 2 and 4 at the Sandy Point Pump Station 3.One (1) 400hp. VFD to be used with Low Service Transfer Pump #3 at the Sandy Point Pump Station Since these VFD are critical for dependable water service to the City, staff recommends approval of College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0677,Version:1 the purchase. Budget & Financial Summary: Budget for this project is included in the Water Capital Improvement Projects Fund. Reviewed and Approved by Legal: Yes Attachment: Contract College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ Page 1 Contract No. 16300551 A16-000983 Ver. 07/22/2016 GENERAL SERVICE CONTRACT ROCKWELL AUTOMATION VARIABLE FREQUENCY DRIVE (VFD) PACKAGES AND SERVICES This General Service Contract is by and between the City of College Station, a Texas Municipal Home-Rule Corporation (the “City”) and D. Reynolds Company, LLC, a Texas Limited Liability Company, dba The Reynolds Company, (the “Contractor”), whereby Contractor agrees to provide Rockwell Automation Products and Services in accordance with the terms and conditions herein. ARTICLE I 1.01 This General Service Contract is for Rockwell Automation Variable Frequency Drive (VFD) Packages and Services as set forth in Exhibit “A”. 1.02 Contractor agrees to perform the work described in Exhibit “A” and the City agrees to pay Contractor fees set forth and defined in “Exhibit “A” for the services performed by Contractor. The invoices shall be submitted to the City within seven (7) calendar days of completion of the services. The payment terms are net payable within thirty (30) calendar days of the City’s receipt of the invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Contractor shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Contractor has not yet been paid. 1.03 In consideration for the services performed in the Scope of Services and Contractor’s completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Four Hundred Ninety Nine Thousand Five Hundred Twenty-Nine and No/100 Dollars ($499,529.00). 1.04 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this Contract, provided, however, that any such change that in the opinion of Contractor, the City Manager, or the City’s Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Contractor and the City’s Project Manager, and shall comply with all City change order policies and procedures. 1.05 Change Orders. Changes will not be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid, except upon the prior written order from authorized personnel of the City. The Contractor will not execute change orders on behalf of the City or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. When the original Contract amount plus all change orders is $50,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Page 2 Contract No. 16300551 A16-000983 Ver. 07/22/2016 Contract to more than $50,000. For such contracts, when a change order results in a total contract amount that exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work; and (b) City Council Approval. When the original contract amount plus all change orders is equal to or greater than $50,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract amount, the City Council of the City must approve such change order prior to commencement of the services or work. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Article II of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. (d) Dispute. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. 1.06 This contract shall become effective from date of acceptance and approval by the City of College Station. 1.07 Time is of the essence of this Contract. The Contractor shall be prepared to provide the equipment, automation products and services in the most expedient and efficient manner possible in order to complete the work by the times specified. 1.08 Contractor promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Contractor agrees to perform any and all Project-related tasks reasonably required of it by the City in order to fulfill the purposes of the work to be performed. 1.9 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Contract. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Contract. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in Page 3 Contract No. 16300551 A16-000983 Ver. 07/22/2016 this Contract. Contractor shall be liable for any misrepresentations. Any negotiations by the Contractor on the City’s behalf are binding on the City only when within the scope of work contained herein and approved by the City. ARTICLE II 2.01 The City shall direct Contractor to commence work on the project by sending Contractor a fully executed contract and “Notice to Proceed”. 2.02 Contractor shall consult with the City and may, in some limited circumstances, act as the City’s representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Contractor shall be an independent contractor at all times and is not to be considered either an agent or an employee of the City. ARTICLE III 3.01 As an experienced and qualified professional, Contractor warrants that the information provided by Contractor reflects high professional and industry standards, procedures, and performances. Contractor warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other services under this Contract, pursuant to a high standard of performance in the profession. Contractor warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval or acceptance by the City of any of Contractor’s work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Contractor, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Contractor’s responsibilities under this Contract. Nor shall the City’s approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the project’s work products prepared by Contractor, its employees, associates, agents, or subcontractors. 3.02 Contractor shall keep the City informed of the progress of the work by providing, at the least, monthly updates as to the status of the service being completed and shall guard against any defects or deficiencies in its work. 3.03 Contractor shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City’s sole discretion, as soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable work product. 3.04 Contractor’s work product shall be the exclusive property of the City. Upon completion or termination of this Contract, and upon the City’s request, Contractor shall promptly deliver to the City copies of all records, notes, data, memorandum, models, drawings, specifications, and equipment of any nature that are within Contractor’s possession or control and that are the City’s property or relate to the City or its business. Page 4 Contract No. 16300551 A16-000983 Ver. 07/22/2016 ARTICLE IV 4.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (l) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 4.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 4.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 4.04 Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 4.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 4.06 Defective Work Discovered During Warranty Period. If any of the work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (l) year after the date of the issuance of a certificate of Final Completion of the work or a designated portion thereof, whichever is longer, or within one (l) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly correct the defective work at no cost to the City. 4.07 After receipt of written notice from the City to begin corrective work, the Contractor shall promptly begin the corrective work. The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 4.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. Page 5 Contract No. 16300551 A16-000983 Ver. 07/22/2016 4.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 4.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (l) year after the installation or completion. The one (l) year warranty shall cover all work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the work. ARTICLE V 5.01 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, and volunteers (separately and collectively referred to in this paragraph as “Indemnitee”), from and against any and all claims, losses, damages, causes of action, suits, judgments, settlements made by Indemnitee, and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and other reasonable costs for damage to or loss of use of any property, for injuries to, or sickness or death of any person, including but not limited to Contractor, any of its subcontractors of any tier, or of any employee or invitee of Contractor or of any such subcontractors, that is caused by, arises out of, related to, or in connection with, the negligence of and/or negligent performance of this Contract by Contractor or by any such subcontractors of any tier, under this Contract. 5.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 5.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 5.03 Release. The Contractor releases, relinquishes, and discharges the City, its officers, employees, agents, and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Contractor or its employees and any loss of or damage to any property of the Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Contractor's work to be performed hereunder. Both the City and the Contractor expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Contractor or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Contractor, or any third party. Page 6 Contract No. 16300551 A16-000983 Ver. 07/22/2016 ARTICLE VI Insurance 6.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on Exhibit “B”. ARTICLE VII 7.01 At any time, the City may terminate the Contract t for convenience, in writing. At such time, the City shall notify Contractor, in writing, who shall cease work immediately. Contractor shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred prior to the date of termination. 7.02 No term or provision of this Contract shall be construed to relieve the Contractor of liability to the City for damages sustained by the City or because of any breach of contract by the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until the exact amount of damages due the City from the Contractor is determined and paid. ARTICLE VIII 8.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 8.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City: City of College Station Attn: David Coleman P.O. Box 9960 College Station, Texas 77842 Phone: (979) 764-3667 dcoleman@cstx.gov Contractor: D. Reynolds Company, LLC dba The Reynolds Company 2680 Sylvania Cross Fort Worth, Texas 76137 Phone: ________________ E-mail: ________________ Page 7 Contract No. 16300551 A16-000983 Ver. 07/22/2016 8.03. Contractor shall perform all the work hereunder. Contractor agrees that all of its employees who work on each project shall be fully qualified and competent to do the work described hereunder. Contractor shall undertake the work and complete it in a timely manner. Contractor will not employ subcontractors in order to fulfill the obligations under this Contract without the prior written consent of the City. 8.04 The Contractor shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an unauthorized alien. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 8.05 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 8.06 This Contract and all rights and obligations contained herein may not be assigned by Contractor without the prior written approval of the City. 8.07 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 8.08 This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 8.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 8.10 This Contract will be effective when signed by the last party whose signing makes the Contract fully executed. (Signature page to follow) Page 9 Contract No. 14-419 CRC 08/24/09 Exhibit A FIXED PRICE PROPOSAL The information contained in this document consists of technical, commercial and/or financial information which is confidential and proprietary to Rockwell Automation, Inc. This information is furnished in confidence and with the understanding that it may not be disclosed to third parties or reproduced or used, in whole or in part, for any purpose other than evaluation of this document. The recipient agrees to return the document to Rockwell upon request. Copyright © 2015 Rockwell Automation, Inc., All Rights Reserved 125-20100-TPL-PROP-Lite-en(v2.0) Global Solutions & Services Bringing You a World of Experience JULY 25TH, 2016 PRESENTED TO: City of College Station PROPOSED BY: The Reynolds Company 10502 Greens Crossing Blvd. Houston, Texas 77038 Rockwell Automation Houston, Texas CITY OF COLLEGE STATION VARIABLE FREQUENCY DRIVE PACKAGES. FIXED PRICE PROPOSAL QMQEV0038D City of College Station VFD Packages Fixed Price Proposal QMQEV0038D The information contained in this document consists of technical, commercial and/or financial information which is confidential and proprietary to Rockwell Automation, Inc. This information is furnished in confidence and with the understanding that it may not be disclosed to third parties or reproduced or used, in whole or in part, for any purpose other than evaluation of this document. The recipient agrees to return the document to Rockwell upon request. Copyright © 2015 Rockwell Automation, Inc., All Rights Reserved 125-20100-TPL-PROP-Lite-en(v2.0) 1.1 Solution Description Dowling Road: 500 HP 18 Pulse Package with output load reactor (Motor cable length less than 450 feet) Enclosure: Free standing enclosure Fans and Filters for ventilation Estimated dimensions – 97”H x 71”W x 32”D Input power circuit breaker Breaker positioned as close as possible to the current location to facilitate utilizing the current incoming feed Sandy Point: 500 HP 18 Pulse Package with output load reactor (Pumps 1, 2 and 4) (Assumed motor cable length is between 350 and 450 feet. Advise if motor cable length is different) Enclosure: Free standing enclosure Fans and Filters for ventilation Estimated dimensions – 97”H x 71”W x 32”D Input power circuit breaker Breaker positioned as close as possible to the current location to facilitate utilizing the current incoming feed 400 HP 18 Pulse Package with output load reactor (Pump 3) (This package to be used if the motor lead lengths are between 350 and 450 feet. Advise if motor cable length is different) Enclosure: Free standing enclosure Fans and Filters for ventilation Estimated dimensions – 97”H x 71”W x 32”D Input power terminals VFD is fed from a breaker in a MCC. No VFD breaker or disconnect to be provided 1.1.1.1 Start-Up Services An estimated VFD startup cost is included. This cost is assuming that (1) VFD will be commissioned per trip. If multiple VFD’s are able to be commissioned at the same time then a lower overall cost can be provided. Startup/Commissioning service are quoted using the following assumptions: • Startup services are quoted on a Time and Material basis only. The pricing provided should not be considered a fixed price quote. • Startup services will be provided on normal, non-holiday, weekdays • Startup services will be provided between the hours of 7:00 am and 6:00 pm • Qty. (1) Service Engineer is required • Service Engineer will travel from Houston, TX • Qty. (1) 8 hour day is estimated to be required per VFD 1.1.1.2 Services Not Covered The following items are NOT included in this statement of work. City of College Station VFD Packages Fixed Price Proposal QMQEV0038D The information contained in this document consists of technical, commercial and/or financial information which is confidential and proprietary to Rockwell Automation, Inc. This information is furnished in confidence and with the understanding that it may not be disclosed to third parties or reproduced or used, in whole or in part, for any purpose other than evaluation of this document. The recipient agrees to return the document to Rockwell upon request. Copyright © 2015 Rockwell Automation, Inc., All Rights Reserved Page 3 125-20100-TPL-PROP-Lite-en(v2.0) • Installation Engineering • Installation work of any kind • Full time site assistance during installation • Structural, civil, piping, or mechanical designs and installation Pricing is GSA pre-competed pricing. 2.1 Pricing Summary The Reynolds Company’s price is based on the Statement of Work set forth in Section 1 above. All prices are in U.S. dollars. Proposal is valid for 60 days from date of issue. A) QMQEV0038D-A Sandy Point 500 HP 18 Pulse w/ load reactor VFD $ 98,966.00 net each B) QMQEV0038D-B Sandy Point 400 HP 18 Pulse w/ load reactor VFD $ 87,915.00 net each C) QMQEV0038D-C Startup Estimate per VFD $ 3,150.00 net each To guarantee VFD delivery by early October 2016 a purchase order must be received by mid to late May 2016. Additional on-site Start-Up/Commissioning Services are offered on a per diem basis at the start-up service rate in effect at the time the service is provided. The standard (Monday - Friday, first 8 hours/day) field service rate is the rate shown below plus all travel and living expenses. Overtime (in excess of 8 hours/day) and Saturday (all hours) rates are one and one-half times the stated standard field service rate. Sunday and Holiday (all hours) rates are two times the stated standard field service rate. Travel time to and from the jobsite is billed at the stated standard field service rate. Transportation, auto rental, lodging, meals, phone, and miscellaneous expenses are billed at cost plus a 10% administrative handling fee. Auto mileage (local service) is billed at $0.75/Mile. The minimum billing charge for field service work is four hours at the appropriate base rate plus expenses. Current Standard Rate: $ 225.00 per Straight Time Hour Page 10 Contract No. 14-419 CRC 08/24/09 Exhibit B INSURANCE REQUIREMENTS During the term of this Agreement Contractor’s insurance policies shall meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Professional Liability II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and authorized to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis. C. "Claims Made" policies are not accepted except for Professional Liability . D. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits of liability except after thirty (30) days prior written notice has been given to the City of College Station. F. The City of College Station, its officials, employees and volunteers, are to be listed as “Additional Insured” to the Commercial General, and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated “A:VIII” or better in accordance with the current A. M. Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. E. The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability and Personal & Advertising Liability. Page 11 Contract No. 14-419 CRC 08/24/09 IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better in accordance with the current A. M. Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service’s Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. VI. Those policies set forth in Paragraphs III and IV shall contain endorsements listing the City as Additional Insured, and providing evidence that the Contractor’s policies are primary, and any self-insurance or insurance policies procured by the City are non-contributory. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. VII. Workers’ Compensation Insurance A. Workers’ compensation insurance shall include the following terms: 1. Employer’s Liability minimum limits of $1,000,000.00 for each accident/each disease/each employee are required. 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. VIII. Professional Liability A. Coverage shall be written by a carrier rated A:VIII or better in accordance with the current A. M. Best Key Rating Guide B. Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000. Financial statements shall be furnished to the City of College Station if requested C. Claims-made policies require the availability of a two-year or 24-month extended reporting period, with the retroactive date shown on the certificate. Page 12 Contract No. 14-419 CRC 08/24/09 IX. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance-approved form, and shall contain the following provisions and warranties: A. The company is licensed and authorized to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms provided by the Texas Department of Insurance or ISO. C. All endorsements and insurance coverages meet or exceed the requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Page 13 Contract No. 14-419 CRC 08/24/09 Exhibit C CERTIFICATE(S) OF INSURANCE ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 09/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA, INC. NAME: PHONE I FAX ONE TOWNE SQUARE, SUITE 1100 IAIC No Ext\: IA/C Nol: SOUTHFIELD, Ml 48076 E-MAIL Attn: EDIC Team -F: 313-393-6505 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 06297 -00096--16-17 INSURER A : Zurich American Insurance Company 16535 INSURED INSURER 8 : Travelers Property Casualty Co. of America 25674 D REYNOLDS COMPANY, LLC INSURER c : American Zurich Insurance Company 40142 2680 Sylvania Cross Drive Fort Worth, TX 76137 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· CHl-005752126-08 REVISION NUMBER:17 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 1 J"on "'"n POLICY NUMBER IMMIDDIYYYY\ IMM/DDIYYYY\ A i X j COMMERCIAL GENERAL LIABILITY GL06800445-19 01/01/2016 01/01/2017 EACH OCCURRENCE $ 1,000,000 t=r _] CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED 500,000 PREMISES IEa occurrence\ $ I x fcoNTRACTUAL LIABILITY MED EXP (Any one person} $ 10,000 ~1- PERSONAL & ADV INJURY $ 1,000,000 ~J GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 F 0PRO-DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY BAP6800444-19 01/01/2016 01/01/2017 COMBINED SINGLE LIMIT $ 1,000,000 ~ (Ea accident) x ANY AUTO BODILY INJURY (Per person} $ ~ -ALL OWNED SCHEDULED BODIL y INJURY (Per accident) $ ~ AUTOS ~ AUTOS x x NON-OWNED PROPERTY DAMAGE $ ~ HIRED AUTOS ~ AUTOS f Per accident) $ B x UMBRELLA LIAS ~OCCUR ZUP-81 M4700A-16-NF 01/01/2016 01/01/2017 EACH OCCURRENCE $ 25,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 ~ ~~DI I ! RETENTION$ I $ c I ~~;~~~~g~E~E~~Asi~~~ 1wcs8004423-19 01/01/2016 01/01/2017 X I ~!ffrurE I ! OTH-ER I ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ' 1,000,000 ~ ! E.L. EACH ACCIDENT $ I OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) I E.L. DISEASE -EA EMPLOYEE $ 1,000,000 I ~~§(;~f~fr~~ '6'~'gPERAT10Ns below E.L. DISEASE -POLICY LIMIT $ 1,000,000 I I I ! I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF COLLEGE STATION IS INCLUDED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. A WAIVER OF SUBROGATION APPLIES FOR WORKERS COMPENSATION, AUTOMOBILE LIABILITY. AND GENERAL LIABILITY IN FAVOR OF THE CERTIFICATE HOLDER AS REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT, PER POLICY TERMS AND CONDITIONS WORKERS' COMPENSATION DOES NOT APPLY TO THE MONOPOLISTIC STATES (ND, OH, WA, AND WY), PUERTO RICO, OR THE VIRGIN ISLANDS. CERTIFICATE HOLDER CANCELLATION CITY OF COLLEGE STATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN RISK MANAGEMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P 0. BOX 9960 ACCORDANCE WITH THE POLICY PROVISIONS. COLLEGE ST A TION, TX 77842 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I John C Hurley ~...,.,;~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0678 Name:Reynolds Co Contract Renewal Status:Type:Contract Consent Agenda File created:In control:10/11/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding renewal of our annual purchase contract with The Reynolds Company, not to exceed $150,000 to purchase parts and service for the Water Services SCADA system. Sponsors:David Coleman Indexes: Code sections: Attachments:Renewal Agreement Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding renewal of our annual purchase contract with The Reynolds Company, not to exceed $150,000 to purchase parts and service for the Water Services SCADA system. Relationship to Strategic Goals:Core services and infrastructure Recommendation:Staff recommends approval of this contract. Summary: The Reynolds Company is the sole authorized distributor in our area for Rockwell Automation. The supervisory control and data acquisition (SCADA) systems for both water and wastewater are standardized with Rockwell equipment, for operational efficiency, plug and play functionality, and ease of maintenance. This blanket purchase contract establishes prices that are valid for the contract year, and is the second of four annual renewal options available. The contract enables us to obtain parts and services in a timely manner and minimize SCADA down time, with a not to exceed cap of $150,000. Since the SCADA systems are critical for dependable water and wastewater services to the City, staff recommends approval of this contract. Budget & Financial Summary: Funds are available in the Water Capital Improvement budget. Reviewed and Approved by Legal: Yes Attachment: Agreement College Station, TX Printed on 10/24/2016Page 1 of 1 powered by Legistar™ Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 09/20/2016 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. D. Reynolds Company LLC Fort Worth, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of College Station Electrical components and Support Services 15-060 2016-114254 09/26/2016 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Signature of officer administering oath 6 AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Title of officer administering oath I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Sworn to and subscribed before me, by the said _____________________________________, this the ____________ day of ______________, 20________, to certify which, witness my hand and seal of office. AFFIDAVIT Printed name of officer administering oath Check only if there is NO Interested Party.5 X Version V1.0.277www.ethics.state.tx.usForms provided by Texas Ethics Commission ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 09/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA, INC. NAME: PHONE I FAX ONE TOWNE SQUARE, SUITE 1100 IAIC No Ext\: IA/C Nol: SOUTHFIELD, Ml 48076 E-MAIL Attn: EDIC Team -F: 313-393-6505 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 06297 -00096--16-17 INSURER A : Zurich American Insurance Company 16535 INSURED INSURER 8 : Travelers Property Casualty Co. of America 25674 D REYNOLDS COMPANY, LLC INSURER c : American Zurich Insurance Company 40142 2680 Sylvania Cross Drive Fort Worth, TX 76137 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· CHl-005752126-08 REVISION NUMBER:17 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 1 J"on "'"n POLICY NUMBER IMMIDDIYYYY\ IMM/DDIYYYY\ A i X j COMMERCIAL GENERAL LIABILITY GL06800445-19 01/01/2016 01/01/2017 EACH OCCURRENCE $ 1,000,000 t=r _] CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED 500,000 PREMISES IEa occurrence\ $ I x fcoNTRACTUAL LIABILITY MED EXP (Any one person} $ 10,000 ~1- PERSONAL & ADV INJURY $ 1,000,000 ~J GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 F 0PRO-DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY BAP6800444-19 01/01/2016 01/01/2017 COMBINED SINGLE LIMIT $ 1,000,000 ~ (Ea accident) x ANY AUTO BODILY INJURY (Per person} $ ~ -ALL OWNED SCHEDULED BODIL y INJURY (Per accident) $ ~ AUTOS ~ AUTOS x x NON-OWNED PROPERTY DAMAGE $ ~ HIRED AUTOS ~ AUTOS f Per accident) $ B x UMBRELLA LIAS ~OCCUR ZUP-81 M4700A-16-NF 01/01/2016 01/01/2017 EACH OCCURRENCE $ 25,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 ~ ~~DI I ! RETENTION$ I $ c I ~~;~~~~g~E~E~~Asi~~~ 1wcs8004423-19 01/01/2016 01/01/2017 X I ~!ffrurE I ! OTH-ER I ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ' 1,000,000 ~ ! E.L. EACH ACCIDENT $ I OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) I E.L. DISEASE -EA EMPLOYEE $ 1,000,000 I ~~§(;~f~fr~~ '6'~'gPERAT10Ns below E.L. DISEASE -POLICY LIMIT $ 1,000,000 I I I ! I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF COLLEGE STATION IS INCLUDED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. A WAIVER OF SUBROGATION APPLIES FOR WORKERS COMPENSATION, AUTOMOBILE LIABILITY. AND GENERAL LIABILITY IN FAVOR OF THE CERTIFICATE HOLDER AS REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT, PER POLICY TERMS AND CONDITIONS WORKERS' COMPENSATION DOES NOT APPLY TO THE MONOPOLISTIC STATES (ND, OH, WA, AND WY), PUERTO RICO, OR THE VIRGIN ISLANDS. CERTIFICATE HOLDER CANCELLATION CITY OF COLLEGE STATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN RISK MANAGEMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P 0. BOX 9960 ACCORDANCE WITH THE POLICY PROVISIONS. COLLEGE ST A TION, TX 77842 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I John C Hurley ~...,.,;~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0683 Name:Resolution Supporting the Designation of SH 47 as “Riverside Parkway” Status:Type:Resolution Consent Agenda File created:In control:10/12/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding a resolution supporting the designation of State Highway 47 as “Riverside Parkway”. Sponsors:Lance Simms Indexes: Code sections: Attachments:Location Map Resolution Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a resolution supporting the designation of State Highway 47 as “Riverside Parkway”. Relationship to Strategic Goals: ·Good Governance Recommendation(s): Staff recommends approval. Summary: This Resolution supports the designation of State Highway 47 as “Riverside Parkway” in honor of the former western Brazos County community of Riverside. The approval of assigning a name to a state roadway lies with the Texas Department of Transportation. This proposal originated with the Brazos County Historical Commission in the fall of 2015. The Riverside community existed from the late 19th century until 1942 when the federal government purchased nearly 2,000 acres of land, including all of the Riverside Community, to establish the Bryan Army Airfield. Having been in use as a military facility between 1943 and 1961, ownership was transferred to Texas A&M University in 1962. For a number of years, the property was known as the Riverside Campus. In September 2015, the university announced a 150 million dollar campus renovation planned to transform the property under a new name, RELLIS Campus. SH 47 is approximately 6.5 miles in length with all but approximately ½ mile of that distance lying outside of College Station’s corporate limits. In order to facilitate an efficient transition to the new name and to ensure that the highway bears the same name along its entire length, staff worked to coordinate the naming process with the City of Bryan. A similar resolution is tentatively scheduled for consideration by the Bryan City Council on October 25, 2016. College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0683,Version:1 Budget & Financial Summary: N/A Attachments: 1.Location Map 2.Resolution College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SUPPORTING THE DESIGNATION OF TEXAS STATE HIGHWAY 47 AS “RIVERSIDE PARKWAY” TO HELP PERPETUATE THE MEMORY OF THE FORMER WESTERN BRAZOS COUNTY COMMUNITY OF RIVERSIDE. WHEREAS, the Riverside community was once situated in the immediate area now located southwest of the intersection of Texas State Highway 47 and State Highway 21 in Brazos County, Texas; and WHEREAS, immigrant families and African-American farmers settled the Riverside community in western Brazos County over 100 years ago, to make a better life for themselves; and WHEREAS, many Riverside community families were displaced on very short notice, with minimal recompense, for the construction of the Bryan Army Air Field; and WHEREAS, since its original designation in 1987, Texas State Highway 47, has served as a western gateway into Bryan, College Station, and Texas A&M University; and WHEREAS, the naming of Texas State Highway 47 as “Riverside Parkway” will help serve to perpetuate the memory of the Riverside community; and, WHEREAS, the Brazos County Historical Commission endorsed the naming of Texas State Highway 47 after the former western Brazos County community of Riverside; and, WHEREAS, in conjunction with the City of Bryan, Texas, State Highway 47 would be designated Riverside Parkway through the City limits of College Station and Bryan, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City of College Station hereby supports the designation of Texas State highway 47 as, “Riverside Parkway” and thereby requests that the Texas Department of Transportation take the appropriate action and make the necessary changes to designate Texas State Highway 47 as a memorial route for the former western Brazos County community of Rivers ide . PART 2: That this Resolution shall take effect immediately upon adoption. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0685 Name:Resolution Updating Planning & Development Fees Status:Type:Resolution Consent Agenda File created:In control:10/12/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding a resolution updating the fees for development applications and permits. Sponsors:Lance Simms Indexes: Code sections: Attachments:RES fees 2.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a resolution updating the fees for development applications and permits. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy ·Improving Mobility Recommendation(s): Staff recommends approval. Summary: This resolution adjusts application and permit fees for Planning & Development Services as discussed as part of the FY 2017 budget process. As communicated to the City Council in the budget transmittal letter, development activity continues to be strong in College Station. In order to provide timely and accurate reviews and inspections of the built environment, several new positions were recently added in Planning & Development Services. The fees proposed in this resolution should offset the costs associated with the new positions. Additionally, the last comprehensive review of development fees was in 2009. Costs (personnel, postage, legal notice requirements, etc.) have increased since that time, resulting in an ever- increasing subsidization of services through the general fund. The Council has a long-standing policy regarding “User Based Fees and Service Charges” calling for a review of such fees at least every three years. Further, this policy classifies building and development fees as “full fee support” and recommends 80-100% cost recovery through fees. The resolution has a delayed effective date of 1 January 2017 to provide adequate time to notify the development community of the fee adjustments. College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0685,Version:1 Budget & Financial Summary: The fee schedule included in the resolution should result in an annual revenue increase of approximately $400,000 assuming development activity continues at its current pace. Attachments: 1.Resolution College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, (1) REPEALING RESOLUTION NO. 08-27-09-02 ADOPTED ON AUGUST 27, 2009, RESOLUTION 01-09-14-01a ADOPTED ON JANUARY 9, 2014, AND RESOLUTION NO. 01- 22-15-02 ADOPTED ON JANUARY 22, 2015 AND (2) ESTABLISHING FEES FOR DEVELOPMENT APPLICATIONS AND PERMITS. WHEREAS, on August 27, 2009, the City Council adopted by Resolution No. 08-27-09-02, which contained a schedule establishing fees to be paid for services related to development application and permit fees in the City; and WHEREAS, on January 9, 2014, the City Council adopted by Resolution No. 01-09-14-01a, which amended the fee schedule established by Resolution No. 08-27-09-02; and WHEREAS, on January 22, 2015, the City Council adopted by Resolution No. 1-22-15-02, which amended the fee schedule established by Resolution No. 08-27-09-02; and WHEREAS, the City Council of the City of College Station, Texas, desires to update the development application and permit fees established in Chapter 14 “Service Fees”, as provided in Exhibit “A” herein; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Resolution No s . 08-27-09-02, 01-09-14-01a and 1-22-15-02 adopted on or about August 27, 2009, January 9, 2014 and January 22, 2015, respectively are hereby repealed as of the date the development application and permit fees set forth herein go into effect. PART 2: That the development application and permit fees described as set out in Exhibit “A” herein are hereby adopted. PART 3: That the development application and permit fees provided for in Exhibit “A” shall take effect on January 1, 2017. PART 4: That the development application and permit fees provided for in Exhibit “A” shall be adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics as of January 1 of each year. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney RESOLUTION NO. ________ Page 2 of 5 Exhibit “A” Description Fees Effective January 1, 2017 Administrative Adjustment $100 Alternative Parking Plan $100 Banner Permit $210 Comprehensive Plan Amendment $1,240 Conditional Use Permit $1,240 Construction Board of Adjustments $510 Design Review Board $380 Development Permit/Public Infrastructure Review and Inspection Fee One and one half percent (1.5%) of infrastructure cost ($600 minimum) Reinspection Fee (applies to all inspection types) $100 Final Plat or Development Plat $990 Final plat (minor or amending) $750 License to Encroach $810 MUD – Petition to Create District $30,260 MUD – Petition to Acquire/Annex Land $30,260 MUD – Infrastructure Plan Review & Inspection (Including in the ETJ) One and one half percent (1.5%) of infrastructure cost ($600 minimum) Non-Residential Architectural (NRA) Review* $380 Oil & Gas – Application $6,060 Oil & Gas – Annual Permit Renewal $2,020 Oil & Gas – Abandonment $2,020 Oil & Gas – Consultant Contracted Cost Oil & Gas – Contract Inspector Contracted Cost Oil & Gas – Road Maintenance Agreement As Calculated Oil & Gas – Seismic Survey Permit $5,050 Parade Permit $100 PDD Amendment - Staff Review Only $190 PDD Amendment - P&Z/Council Review $340 Private Improvement in the Public R-O-W (PIP) Permit $380 RESOLUTION NO. ________ Page 3 of 5 *Excludes existing projects involving painting only Portable Storage Container Permit Fee $50 Preliminary Plan $990 Rezoning (Including PDD and P-MUD) $1,240 R-O-W/Easement Abandonment $750 Sign Permit (except for banners) $72 permit fee + $80 review fee Site Plan $990 Minor Site Plan $380 Waiver or Variance – Subdivision Regulations $250 Written Interpretation $120 Zoning Board of Adjustment $380 Zoning Letter $100 Building Permit See Schedule Below Contractor Registration $60 Demolition Permit $50 Location Permit $50 Moving Permit $100 Electrical Permit – Repair or Alteration $40 Electrical Permit – Residential and Commercial $40 minimum base fee for the first 1,000 square feet of the building area plus $0.02 per square foot over 1,000 square feet Irrigation Permit $30 Temporary Power Pole $30 permit fee/$45 connection fee Mechanical Permit $30 base fee for the first $1,000 valuation plus $5.00 for each additional $1,000 valuation (or fraction thereof) Plumbing Permit $30 base fee plus additional charges (see schedule below) RESOLUTION NO. ________ Page 4 of 5 Building Permit Fee Schedule Estimated Construction Valuation Permit Fee $0.00 to $1,000 $30 $1,001 to $50,000 $30 for the first $1,000 valuation plus $5 for each additional $1,000 valuation or fraction thereof up to $50,000 valuation $50,001 to $100,000 $275 for the first $50,000 valuation plus $4 for each additional $1,000 valuation or fraction thereof up to $50,000 valuation $100,001 to $500,000 $475 for the first $100,000 valuation plus $3 for each additional $1,000 valuation or fraction thereof up to $500,000 valuation $500,000 and up $1,675 for the first $500,000 valuation plus $2 for each additional $1,000 valuation thereafter RESOLUTION NO. ________ Page 5 of 5 Plumbing Permit Fee Schedule Description Fee Plumbing Fixture (includes sinks, lavatories, water heaters, tubs, showers, urinals, water closets, bidets, drinking fountains, floor drains, dishwashers, sand or grease traps, and washing machines) $5 per fixture Sewer Line (new or replacement) $5 Water Line (new or replacement) $5 Gas Permit (basic fee) $5 Gas Piping (up to four gas outlets) $5 Gas Piping (each outlet over gas four) $1 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0661 Name:Proview Change Order #2 Status:Type:Contract Consent Agenda File created:In control:10/10/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Presentation, possible action, and discussion regarding Change Order #2 to the professional services contract with F.B.P. Insurance Services, LLC dba Proview Advanced Administrator, LLC in the amount of $20,174 for additional data management services, reporting services, and administration fees. Sponsors:Alison Pond Indexes: Code sections: Attachments:14-371 Proview Contract 14-371 Proview CO1 14-371 Proview CO2 (16-0661).pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding Change Order #2 to the professional services contract with F.B.P. Insurance Services, LLC dba Proview Advanced Administrator, LLC in the amount of $20,174 for additional data management services, reporting services, and administration fees. Relationship to Strategic Goals: ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of change order with F.B.P. Insurance Services, LLC dba Proview Advanced Administrator, LLC in the amount of $20,174. Summary: The City contracted with Proview in July of 2014, to provide technology services for managing our City’s benefits offerings for both the active and retiree popultaions. The original scope of the contract included utilyzing the system for the online enrollment and general management features. Change order #1: In our work to comply with the Affortable Care Act’s (ACA) 1094/1095 reporting requirements, we increased the contract amount to obtain additional services to accurately report all benefits eligibility data directly to employees as well as through a transmittal to the IRS. These services not only capitalized on the data we already had captured in the enrollment system, it also relieved the need to engage Sungard in creating a work around upgrade to meet our needs. (11.92% increase in contract amount) Change Order # 2: This includes reengaging Proview to satisfy our ACA 1094/1095 reporting services for 2016 (reflecting a price increase from 2015), additional services to add an ongoing College Station, TX Printed on 10/24/2016Page 1 of 2 powered by Legistar™ File #:16-0661,Version:1 carrier file feed for seamless enrollment data transfer, adding two additional file feeds for integration with Munis as part of the ICE HR/Payroll project, and accounting for increased headcount (active employees & retirees) and the associated “per employee per month” administrative and technology service fee structure. (47.47% increase in contract amount) The sum of all change orders for this contract increases the contract amount by 59.39%. Budget & Financial Summary: Funds are available and budgeted in the employee benefits fund. The addition of this change order increases the professional services contract amount to $67,740.00. Attachments: 1.F.B.P. Insurance Services, LLC dba Proview Advanced Administrator, LLC Contract 2.Change Order #1 3.Change Order #2 College Station, TX Printed on 10/24/2016Page 2 of 2 powered by Legistar™ | 130 Theory, Suite 200 Irvine, CA 92617 | 949.955.1430 800.344.1430 | www.proviewbenefits.com | CA Lic 0747466 Benefits Administration & Technology Solutions CarePlus ACA Manager (Reporting Only & IRS Transmittal Service) For Plan Year Data 2016 Prepared For: City of College Station September 27, 2016 i TABLE OF CONTENTS I. Our Vision ............................................................................................................................ 3 II. Introduction ......................................................................................................................... 4 III. CarePlus Suite of Services .................................................................................................. 5 IV. Proposed Solution: Benefits Technology: ACA Manager (Reporting & Transmittal Service) ................................................................................................................................... 7 V. Services & Fees Summary ................................................................................................. 10 VI. Acceptance of Services and Fees ...................................................................................... 12 - 3 - OUR VISION Our CarePlus solution is built on a culture of health to engage your workforce in healthy behaviors that drive measurable financial results through changes in lifestyle and behaviors. The direct result to City of College Station is a reduction in health care claims and expenses associated with administering an employee medical program. This goal is achieved through the implementation and alignments of wellness strategies, which improve employee engagement through appropriate incentives and lead to reduced plan costs, higher productivity, lower absenteeism and workers compensation claims. These goals are supported by our integrated technology platform through which employees and their families are engaged to self-serve and are empowered to change lifestyle behaviors that affect plan cost and health risk. We employ our unique CORE strategy to achieve your financial and management objectives. You benefit from: ■ COST MANAGEMENT: Solutions designed to control future health care spend through wellness strategies and member engagement. ■ OPERATIONAL EXCELLENCE: We offer an integrated enabling platform that will allow you to scale and grow while leveraging data and driving self-service. ■ RISK MITIGATION: Solutions designed to mitigate current and future risk and exposure around Population Health, cost, compliance and health care reform. ■ENHANCED MEMBER EXPERIENCE: Solutions that provide your employees and their families a great greater understanding of how to maximize value through your program. As your partner we have the unique ability to provide proactive, efficient and results-driven services that make an immediate impact on your fiscal and workforce health and financial well- being. We look forward to partnering with you to achieve measurable results that will meet your corporate objectives. - 4 - INTRODUCTION ABOUT BB&T INSURANCE SERVICES Founded in 1922, BB&T Insurance Services is the nation’s 5th largest insurance brokers in the United States. It is a subsidiary of Branch Banking and Trust Company (BB&T), one of the largest financial holding companies in the United States. A network of eight complementary organizations offering coverage in commercial and personal lines, franchises, financial services, employee benefits, life and financial planning, surety and commercial bonds and title More than 200 insurance operations locations – employing more than 6,400 employees Nationwide More than 100 BB&T Insurance Services locations (in United States) in Alabama, California, Florida, Georgia, Kentucky, Maryland, North Carolina, South Carolina, Tennessee, Texas, Virginia, West Virginia, New York, Pennsylvania, Oregon, Washington and Louisiana. 2014 premium volume of $19.5 billion 2014 revenue of $1.6 billion We represent the foremost, top-rated insurance companies in America – and we provide a full array of superior products at competitive rates. Our market experience, industry knowledge, and 90-year history of service – to agents, employers, and members – make us your ideal business partner. ABOUT CAREPLUS CarePlus is available only through BB&T Insurance Services, Inc., McGriff, Seibels & Williams, Inc., and Precept Insurance Solutions, LLC – all associated organizations of BB&T Insurance Holdings. CarePlus programs are designed to work alongside any insurance company’s programs in an integrated effort to keep our clients’ employees healthy and productive. CarePlus offers employers predictability in their annual Health & Welfare budgets, and incentives and rewards for healthy behaviors for enrolled employees and their families. Through employer engagement, insurance company commitment, comprehensive underwriting practices, exhaustive population health management services and healthy-behavior incentives, CarePlus members are up to five times more engaged in their health outcomes than insurance company norms. CarePlus programs improve members’ health and reduce costs. Our passion is to significantly improve the lives, health, and financial well-being of the employers, employees, and families we serve. We do this with an exclusive suite of employee benefits programs, solutions, and strategies designed for employers and organizations of all sizes and in all industries that offers health care budget control, predictable annual renewals, below market rates and a healthier workforce. We accomplish this through preferred partner programs with high-quality insurance companies, appropriately managed and exclusive rate pools, multi-year health and welfare plan design engagements, and our unique CORE strategy that focuses on an employer’s Cost Management, Operational Excellence, Risk Mitigation and Enhanced Employee Experience. CarePlus programs improve members’ health and reduce costs. CarePlus integrates health and wellness solutions through an advanced benefits administration platform, including complete benefits outsourcing, wellness and engagement programs, health and disease, cost management solutions, FSA, HSA and COBRA administration, and other advisory services offered across BB&T's national insurance footprint. OUR MISSION: To improve the health and financial well-being of the employee and their families for the communities we serve. - 5 - CAREPLUS SUITE OF SERVICES BROKERAGE AND CONSULTING From market-reactive to metrics-directed, we change the health care paradigm. While the typical employer health care program focuses on a defined benefit structure with insurance company mandated rates, common provider selections, the employer’s last year’s budget and employee contributions, CarePlus advances this market-reactive reality to a metrics-directed alternative. Our goal is to provide you with a meaningful and executable plan that will encourage healthy employee lifestyles, demonstrate a direct correlation between improved financial results through simplified administration, and a multi-year roadmap to help you establish annual renewal predictability. HEALTH MANAGEMENT SERVICES We deliver integrated wellness solutions, strategies, and technologies that help employers manage financial risk by implementing programs to inspire employees to improve the healthy activities that result in improved medical care outcomes. By employing active care management through web-based technologies and interactions supported by our clinical professionals in cooperation with your health plan, we reduce short- and long-term medical claims costs and improve the health of your employees. We motivate employees to be consumers, rather than just users, of health care. Through engagement of your employees in identifying their health risks, we encourage them to lead healthier lives. Our goal is to increase employee productivity, reduce absenteeism, and decrease the impact of disability on your bottom line. This results in improve performance and accountability of your health plan and health program vendors. BENEFIT OUTSOURCING Our fully integrated health, wellness, and benefits outsourcing platform manages all medical and ancillary benefit partners in a single, management-based program. The platform gives employers budget control and predictable annual renewals through our exclusive preferred partner programs. You enjoy increased employee self-service, which allows you to rededicate internal staff resources to support higher value company initiatives. The enhanced efficiency and reduction in time spent to access and manage benefits, plus the increased accuracy, simplifies your administration and further reduces your internal operational costs. BENEFIT ADMINISTRATION Through an advanced benefits administration platform, we design and administer FSA, HSA and COBRA. Our plan administrative services and programs integrate with any existing program to more easily conform to all federal and state regulations. This reduces the administrative burden and risk of an employer’s noncompliance with regulations. - 6 - DATA ANALYTICS Our data analytics help employers develop a deeper understanding of their organization’s cost and risk management factors by identifying high-risk employees with significant chronic conditions for care coordination and creating unique campaigns to drive targeted outreach. Our program provides claims analysis, cost monitoring, and benchmarking to measure the actual financial results of your wellness program. Your ability to identify and forecast health risks allows you to develop strategies for the most effective benefit plan design and to better manage your employees’ health, reduce employee claims and utilization, and better predict future medical costs. MOBILE COMMUNICATIONS The CarePlus Mobile platform offers analytics to help you understand the unique risk profile of your employees through advanced analysis of your employee population. We design health incentives, communication pieces, and healthy programs that are targeted to those areas that will have the biggest impact on your employees. Through better management of your workforce health, you achieve better results. CarePlus Mobile gives your employees and their families the tools they need to adopt healthier lifestyles and become better consumers of health services. COMPLIANCE Our national team of government and legislative experts monitors legislative developments and all aspects of the Patient Protection and Affordable Care Act (PPACA) to update, coach, and provide resources to aid you in understanding the impact on your organization. Your organization will receive legislative updates, white papers, and numerous tools that are instrumental to employers’ compliance with federal and state mandates involving ERISA, HIPAA, FMLA, and relevant state and federal legislative requirements. RETIREMENT We design and administer customized, cost-effective, and highly valued retirement plans that integrate with each company’s total compensation strategy. This includes profit-sharing plans, defined benefit plans, defined contribution/401(k) plans, executive retirement plans, cash balance and retirement shares plans, open-architecture for mutual fund options. - 7 - BENEFITS OUTSOURCING: ACA MANAGER (REPORTING & IRS TRANSMITTAL SERVICE) The CarePlus ACA Manager helps employers maintain compliance with 1095-C Reporting requirements and the IRS Transmittal service. ProView Responsibilities 1. ProView will send employee notifications for gaining or losing eligibility to the appropriate employees. 2. Provide report of 1095-C information for review, update and loading back into the system prior to production of the form. 3. Assist reviewing and entering data needed for 1095-C and loading updates back into the system. 4. Provide Form 1095-C Offer and Coverage: a. Employees will receive either i. Paper 1095-C’s sent by the system via USPS mail directly to their address of record, or ii. Electronic PDF 1095-C’s available on the enrollment site if the employee elects electronic notices*, or iii. Optionally, employer may elect to receive 1095-C’s in electronic PDF format and distribute to their employees via a different route (with W2 or other). *Note: If employer elects (ii) to offer Electronic PDF 1095-C’s, employer will also need to offer (i) Paper 1095-C’s as only a small fraction of employees will elect or “opt-in” to receive electronically. • Employer will receive a standard electronic file for use in filing 1095-C’s with the IRS • For Employer’s self-insured plans, form 1095-C will include Section III information per the regulations. For fully insured plans, this Section III information is to be sent by the carrier on another form. 5. ProView will support Employer’s HR staff by investigating accuracy questions on employee IRS statements 6. Upon request provide the information necessary for forms 1094-C and 1095-C. Employer Responsibilities 1. Annual IRS Form 1095-C a. Perform reviews of form 1095-C data (report provided by ProView) including correction of system populated and undetermined codes on lines 14 and 16. Complete final review for the year in the second week of December. b. Employer will manage functional questions from employees on 1095-C form content (similar to W2 statements). c. Employer will provide any additional information not available in the enrollment system for creation of Form 1095-C. This will include verification of offer codes (line 14) and safe harbor codes (line 16) as well as identification of codes the system cannot determine. d. Employer will complete final review for the year in the second week of December (approximately). - 8 - e. The ProView team will assist reviewing and entering data needed for this form, however, employer is responsible for accuracy of all information. f. Employer will provide required data in specified file layout for COBRA participants. Coordination with COBRA vendor is employer’s responsibility. 2. Employer is responsible for accuracy of all information. ProView and Businessolver are not responsible for information accuracy. - 9 - IRS Transmittal Service This offering a transmittal service to electronically send the employer’s 1094-C and 1095-C forms to the IRS. This is a technical solution Businessolver will manage and deliver. ProView Responsibilities • Gather information necessary for forms 1094-C and 1095-C directly from Employer. • One electronic IRS filing of an Authoritative Transmittal of Form 1094-C and associated Forms 1095-C for all employees and dependents via the IRS-prescribed electronic filing format. Employer Responsibilities • Perform reviews of form 1095-C data including correction of system populated and undetermined codes on lines 14 and 16. • Provide all information required for form 1094-C. • Provide final confirmation of all information on forms 1094-C and 1095-C no later than the second week of December each year (approximately). - 10 - CITY OF COLLEGE STATION SERVICES AND FEE SUMMARY SERVICE Price Estimated Annual Fees ACA Manager (Reporting Only) Includes employee data storage and fulfillment of Form 1095-C System Fulfillment (sent directly to employee) o Paper form: System prints and mails (postage included). Estimate assumes 839 paper forms. o Electronic form: System posts to employee’s record*. Estimate assumes 210 electronic forms. OR Employer Fulfillment Ready Forms (no system mailing) o PDFs sent to Employer: Employer prints and distributes to employees. Estimate assumes 1,049 PDF forms. Forms go to all employees who were full-time for 1 or more months of the reporting year. They also go to COBRA participants and part-time employees enrolled in self-insured plans. Therefore, the number of forms sent will likely be larger than the active employees in the system. Billing will be based on actual forms sent. *Note: if employer elects to offer online electronic PDF 1095-C’s, employer will also need to offer Paper 1095-C’s as only a small fraction of employees will elect or “opt-in” to receiving electronically. Assume 10-20% max will opt-in. System Fulfillment $10.00 per paper form $9.00 per electronic form OR Employer Fulfillment $9.00 per Employer ready PDF form Assumes System Fulfillment $10,280 Minimum $5,000 COBRA Participants: Paper Form 1095-C fulfilled and mailed (includes postage): 25 @ $10.00 each = $250.00 (estimate) OR Employer Fulfillment Ready Forms (no system mailing) o PDFs sent to Employer: Employer prints and distributes to COBRA participants. Estimate assumes 25 PDF forms. System Fulfillment $10.00 per COBRA participant Employer Fulfillment $9.00 per Employer ready PDF form Assumes System Fulfillment $250 IRS Transmittal Service EIN = Employer Identification Number assigned to each independent company in an aggregated group. $4,500 first successful transmission of first EIN $1,000 for each additional EIN $4,500 Annual Costs: -- $15,030 - 11 - Fee Schedule Assumptions: Proposal shall remain valid until October 31, 2016. Services described above will utilize data from plan year 2016. This proposal reflects employees currently housed in the Businessolver platform and does not include employees that are not transmitted on our weekly census file as of the date of this proposal. City of College Station has communicated to ProView that any employee reporting and/or IRS transmitting needed for those not housed in our system will be their sole responsibility to report to the individual employees and/or the IRS, respectively. Unless specifically stated above, these fees are independent and in addition to other system fees. 1095 reporting for COBRA continuants is included if Employer’s COBRA vendor sends data using our standard COBRA import specifications. This includes a 1095 file and an employee census and a dependent census. If the COBRA vendor is unable to supply the files in our standard format, additional fees will apply. Employees who have benefits managed outside of the enrollment system (other than COBRA) are not included in this scope of work and pricing listed above. If Employer has additional employee groups they wish to add, additional fees must be estimated before this amendment is executed. Please note: the IRS electronic submission for 1094-C and 1095-C has specific requirements that cannot be met by anyone other than the actual transmitter of the file. We recommend clients planning on transmitting forms themselves to fully assess their capabilities well in advance of the filing deadline. IRS Transmittal Service Assumptions: This amendment does not commit ProView to delivery of this service. Businessolver will be the authorized IRS Transmitter per the Affordable Care Act Information Returns (AIR) Program. AIR is defining the requirements for transmittal. For IRS Transmittal Service, proposal assumes the employer has a single EIN. If employer has multiple EIN’s requiring IRS Transmittal, additional fees will apply for each EIN. This service performs the required electronic filing with the IRS of the employers 1094-C and 1095-C forms through the IRS Affordable Care Act Information Returns (AIR) program. This includes the original transmittal and correction transmittals where appropriate. Limited to 2 correction files to fix IRS errors due to data issues. Additional corrections possible if needed for an additional fee of $500 per correction transmission. - 12 - ACCEPTANCE OF SERVICES AND FEES We sincerely appreciate the opportunity to work with you on this solution. Upon acceptance of this document, we will proceed with contracting and implementation. This will serve as our mutual letter of intent. Please sign and return. Client Name: City of College Station Requested Effective Date: ________________________________________________ City of College Station Representative (Print Name): ______________________________________ City of College Station Representative (Signature): _______________________________________ City of College Station Representative Title: ____________________________________________ Date: ________________ 1 Work Order: City of College Station Date: September 16, 2016 Fee Schedule Assumptions: Actual fee will be dependent on the complexity of the file specifications required by a carrier. Acceptance of services and fees: Client e (Signature): ________________________________________________ Client (Print Name): _______________________________________________ Date: ________________________ Services: Fee Electronic Data Interface: Carrier Eligibility File Configuration Testing Ongoing weekly transmission $1, 500 - $3,000 one-time fee per carrier file Custom File Integration with the Enrollment System: Configure Enrollment system to receives and process weekly census file. Configure and test payroll export file per clients specifications $1, 500 - $3,000 one-time fee per file City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0686 Name:Rezoning – Williams Creek Lake Estates Status:Type:Rezoning Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 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 and E Estate to RS Restricted Suburban for approximately 14 acres being situated in the Thomas Cartuthers (ICL), Abstract No. 9, College Station, Brazos County, Texas. Said tracts being a portion of a called 71.0534 acre tract and tract being all of a called 1.421 acre tract described as tract one and all of a called 1.917 acre tract described as tract two by a deed to Williams Creek Lake Estates, Inc., recorded in volume 13123, page 81 and volume 12947, page 132 of the public records of Brazos County, Texas, generally located at 2242 Carll Lane, more generally located northwest of Rock Prairie Road and William D. Fitch Parkway. Sponsors:Jenifer Paz Indexes: Code sections: Attachments:Background Information SAM & Aerial REZ R & E to RS 14 ac 3 FINAL.pdf 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 and E Estate to RS Restricted Suburban for approximately 14 acres being situated in the Thomas Cartuthers (ICL), Abstract No. 9, College Station, Brazos County, Texas. Said tracts being a portion of a called 71.0534 acre tract and tract being all of a called 1.421 acre tract described as tract one and all of a called 1.917 acre tract described as tract two by a deed to Williams Creek Lake Estates, Inc., recorded in volume 13123, page 81 and volume 12947, page 132 of the public records of Brazos County, Texas, generally located at 2242 Carll Lane, more generally located northwest of Rock Prairie Road and William D. Fitch Parkway. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item on October 6, 2016 and voted 4-0 to recommend approval. College Station, TX Printed on 10/24/2016Page 1 of 3 powered by Legistar™ File #:16-0686,Version:1 Summary:REZONING REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as Restricted Suburban. This designation is intended for moderate level of development activities consisting of medium-density single-family residential lots. The proposed rezoning, RS Restricted Suburban, will allow for the development of medium density single-family lots. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The neighboring property to the west is zoned R Rural and is used for single-family and agricultural purposes. The property to the east is also zoned R Rural but is vacant and undeveloped. The property to the north is currently vacant but preliminary planned and partially final platted for Williams Creek Lake Estate Subdivision. The property is zoned E Estate and will be a low density single-family cluster development with an average lot size of 20,000 sf and absolute minimum 10,000 sf. The proposed Restricted Suburban zoning is intended to be an extension of the Williams Creek Lake Estate Subdivision, which will allow for 10,000 sf average lots, with a minimum of 6,500 sf. 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 property abuts Rock Prairie Road, a future 4 Lane Minor Arterial and is intended to be an extension of Williams Creek Lake Estate Subdivision, a low-density cluster development. The subject property is suitable for the proposed zoning district given the uses and dimensional lot standards required for Restricted Suburban. 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 property is currently used for single-family with some agricultural uses but is also partially vacant and undeveloped. The property to the north is being developed as Williams Creek Lake Estate Phase 1. The area proposed for Restricted Suburban is suitable for single-family uses similar to the adjacent development but with a higher density. The existing zoning district allows for low density single-family and agricultural uses. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment:The marketability of the property will increase if the property is zoned Restricted Suburban to allow for medium density, single-family uses given it is intended to be an extension of the future Williams Creek Lake Estates. The property will be accessed from the adjacent, future single-family development and Rock Prairie Road, a future 4 lane Minor Arterial. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There is an existing 18-inch water main on the south side of Rock Prairie Road. An 8-inch waterline is being extended with the development of Williams Creek Lake Estate Phase 1 along future Williams Lake Drive. The site will have sanitary sewer access via an 8-inch sewer line being extended along future Joe Will Drive from an existing 12-inch sewer main from William D. Fitch. Water and sewer mains will need to be extended to serve all lots at the time of final platting. All utilities are required to be designed and constructed in accordance to the BCS Unified Design College Station, TX Printed on 10/24/2016Page 2 of 3 powered by Legistar™ File #:16-0686,Version:1 Guidelines. The subject properties are located in the Carter Creek Drainage Basin. There is no FEMA regulated floodplain in the subject area. Detention will need to be evaluated and designed in accordance with the BCS Unified Stormwater Design Guidelines. The property will have its primary access to Rock Prairie Road, a future 4-lane Minor Arterial. Access to the future development will require street connection to future Williams Lake Drive and Joe Will Drive. This connection, as well as an internal street network, will be required at the time of platting. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1.Background Information 2.Aerial & Small Area Map (SAM) 3.Ordinance College Station, TX Printed on 10/24/2016Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: October 6, 2016 Advertised Council Hearing Date: October 27, 2016 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy notification of this public hearing: None Property owner notices mailed: 9 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: None at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Estate E Estate William Lake Estate Subdivision South (across Rock Prairie Road) Institutional/Public R Rural Brazos Valley Solid Waste & CSISD Bus Farm East Suburban Commercial R Rural Vacant West Estate R Rural Vacant DEVELOPMENT HISTORY Annexation: 1983 & 2002 Zoning: E Estate and R Rural Final Plat: The property is unplatted. Site development: Property is partially vacant and undeveloped. The remainder is used for single-family and agricultural purposes. PROPOSAL The applicant is requesting a rezoning to RS Restricted Suburban. The property will be an extension of Williams Creek Lake Estates subdivision that is currently under construction and will allow for the development of medium-density single-family lots. c5f36aff-7df4-42aa-90c3-b58e3003ea3c.docx2 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 FOR APPROXIMATELY 14 ACRES FROM R RURAL AND E ESTATE TO RS RESTRICTED SUBURBAN; SAID ACREAGE BEING COMPRISED OF TWO AREAS OF LAND WITH THE FIRST BEING FROM CALLED 7.124, 0.568 AND 2.974 ACRES ARISING OUT OF A 71.0534 ACRE TRACT OF LAND SITUATED IN THE THOMAS CARTUTHERS (ICL), ABSTRACT NO. 9, COLLEGE STATION, BRAZOS COUNTY, TEXAS; AND A 3.334 ACRE TRACT OF LAND BEING ALL OF 1.421 AND 1.917 ACRE TRACT OF LAND SITUATED IN THE THOMAS CARTUTHERS (ICL), ABSTRACT NO. 9, COLLEGE STATION, BRAZOS COUNTY, TEXAS; SAID AREAS GENERALLY LOCATED AT 2242 CARLL LANE, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIING 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” and Exhibit “C”, 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 affect 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 27th day of October, 2016 ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Ordinance No. _____ Page 2 of 7 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 is rezoned from R Rural and E Estate to RS Restricted Suburban: Ordinance No. _____ Page 3 of 7 Ordinance No. _____ Page 4 of 7 Ordinance No. _____ Page 5 of 7 Ordinance No. _____ Page 6 of 7 EXHIBIT “B” – Rezoning Map Ordinance No. _____ Page 7 of 7 EXHIBIT “C” – Small Area Map City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0688 Name:Rezoning – 1720 Harvey Mitchell Parkway South Status:Type:Rezoning Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 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 GC General Commercial, GS General Suburban, and R Rural to GC General Commercial, MF Multi- Family, NAP Natural Areas Protected and R Rural for approximately 71.886 acres being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 70.73 acre tract described as tract one and all of the remainder of a called 6.79 acre tract described as Tract Two, by a deed to 1891 Jones Crossing, LTD Recorded in Volume 12755, Page 238 of the official public records of Brazos County, Texas, generally located at 1720 Harvey Mitchell Parkway South, more generally located at the southeast corner of Wellborn Road and Harvey Mitchell Parkway South. Sponsors:Mark Bombek Indexes: Code sections: Attachments:Background Aerial and 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 GC General Commercial, GS General Suburban, and R Rural to GC General Commercial, MF Multi- Family, NAP Natural Areas Protected and R Rural for approximately 71.886 acres being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 70.73 acre tract described as tract one and all of the remainder of a called 6.79 acre tract described as Tract Two, by a deed to 1891 Jones Crossing, LTD Recorded in Volume 12755, Page 238 of the official public records of Brazos County, Texas, generally located at 1720 Harvey Mitchell Parkway South, more generally located at the southeast corner of Wellborn Road and Harvey Mitchell Parkway South. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy ·Improving Mobility College Station, TX Printed on 10/24/2016Page 1 of 4 powered by Legistar™ File #:16-0688,Version:1 Recommendation(s): The Planning and Zoning Commission will consider this item on October 20, 2016. Their recommendation will be presented at the Council meeting. Staff recommends approval. Summary:REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject property as Urban and Natural Areas Reserved. The property is also located in Growth Area V. The Urban designation is for a very intense level of development activity tending to consist of townhouses, duplexes and apartments, but is limited to no more than 25% of the total Urban portion as an additional restriction from the Growth Area V designation. Within growth areas, an Urban designation may permit commercial, office, business park and vertical mixed uses. The Comprehensive Plan states that Natural Areas Reserved is for areas that represent a constraint to development that should be preserved for their natural function or open space qualities including areas of floodplain, riparian buffers, and recreation facilities. The proposed development is consistent with the allowable land uses for Growth Area V and also with surrounding future land use designations. This property also lies just outside of the Central College Station Neighborhood Planning Area. While there is no specific language regarding this tract the abutting intersection of Wellborn Road and Harvey Mitchell Parkway was identified as a key gateway and corridor to this neighborhood that should be developed with landscaping, monuments and flags to enhance the character and identity of the neighborhood. The proposed rezoning proposes essentially a step down zoning with the most intense commercial zoning taking advantage of both Harvey Mitchell Parkway and Wellborn Road. As you move to the back of the development you begin the step down in land uses downgrading to the MF Multi-Family residential zoning and then to the Natural Areas Protected and Rural area that go to protect the creek area and provide buffer to the existing Steeplechase Park that is adjacent to the eastern property boundary. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: As noted on the title page, the property is currently guided by the R Rural, GS General Suburban, and GC General Commercial zoning districts. Given the property’s close proximity to two major Thoroughfares and the expectation to provide flexible land uses that respond to market demand as noted from the Comprehensive Plan, the R Rural and GS General Suburban zonings do not allow for that intense level of development that can be achieved at this location, nor does it currently provide protection for the unstudied floodplain and creek area that is designated as Natural Areas Reserved within the Comprehensive Plan Future Land Use and Character Map. Further rezoning for commercial and high-density residential and natural areas protected has been anticipated to meet the development goals as outlined by the Comprehensive Plan. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment:The proposed land uses permitted through this request are those allowed in NAP Natural Areas Protected, MF Multi- Family and GC General Commercial. The requested uses with this rezoning are suitable for this. The property is general flat with portions being unstudied floodplain, a portion of which will be protected through NAP Natural Areas Protected zoning. 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 property is College Station, TX Printed on 10/24/2016Page 2 of 4 powered by Legistar™ File #:16-0688,Version:1 currently zoned R Rural, GS General Suburban and GC General Commercial. The current zoning districts are suitable for the property given the similar zonings and uses of nearby land. However, this area is anticipated to have opportunity for more intense commercial and residential development and provide protection to the creek and floodplain areas, which cannot be achieved under the existing zoning. Because the creek area is designated as Rural the owner is entitled to make improvements under that zoning. The area on the Land Use plan is very conceptual for this area due to the fact that much of the creek along this property is not regulated floodplain by FEMA. With this being so conceptual there has been some flexibility given to the designated NAP zoning boundary. This was to allow some improvement to the creek area as already entitled, but still providing protection to the vast majority of the land. 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 property can currently be marketed under the existing R Rural, GS General Suburban and GC General Commercial zoning districts. However, the applicant has stated that the uses are not appropriate or feasible for this property knowing the current development trends occurring in the area around this property. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There are existing 24-inch waterlines along the northern and eastern property lines. With further site development, water mains will need to be extended throughout the site and looped to provide domestic service and fire protection. There are also 18-inch sanitary sewer lines crossing the southern and eastern sides of the property. The existing sanitary sewer system currently has adequate capacity to support the proposed development. The subject property is located in the Bee Creek Tributary B basin. There is currently FEMA Zone AE Special Flood Hazard area on the property. With site development, detention will be required. Additionally, further drainage analysis to identify the limits of the 100-year floodplain and the impacts of reclaiming portions of the floodplain and “flood prone” areas will be needed. With site development, there are proposed adjustments to portions of existing natural areas to allow for retention, mitigation, and parkland dedication. Access to the site will be provided via drives on Harvey Mitchell Parkway South and Wellborn Road. Balcones Drive, a 2-lane minor collector, is proposed to be constructed along the southern side of the property with final platting. A Traffic Impact Analysis (TIA) performed recently for the development recommended deceleration lanes and a traffic signal at the Balcones Drive and Wellborn Road intersection. The City and TxDOT support the recommendations of the TIA including the proposed signal. All drainage improvements and public infrastructure required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure, with the exception of the aforementioned transportation facilities, is currently adequate to serve the proposed use. Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 10/24/2016Page 3 of 4 powered by Legistar™ File #:16-0688,Version:1 1.Background Information 2.Aerial & Small Area Map (SAM) 3.Ordinance College Station, TX Printed on 10/24/2016Page 4 of 4 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: October 20, 2016 Advertised Council Hearing Date: October 27, 2016 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: 7 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use South (Across Wellborn Road) Urban R-Rural Vacant North Urban and Natural Areas Reserved R Rural, M-1 Light Industrial and R-4 Multi- Family First Baptist Church of College Station West (Across Harvey Mitchell Parkway) Urban and Natural Areas Reserved PDD Planned Development District Campus Village Apartments East Natural Areas Protected and Suburban Commercial R Rural Koppe Bridge, Steeplechase Park DEVELOPMENT HISTORY Annexation: Portions in 1970, 1973 and 1995 Zoning: A-O Agricultural Open upon annexation renamed R Rural in 2013, Portion C-1 General Commercial in 1994 renamed GC General Commercial 2013 Portion R-1 Single-Family Residential, Renamed GS General Suburban 2013 Final Plat: N/A Site development: Vacant 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 AND GS GENERAL SUBURBAN, AND GC GENERAL COMMERCIAL TO MF MULTI- FAMILY, GC GENERAL COMMERCIAL, NAP NATURAL AREAS PROTECTED, AND R RURAL FOR APPROXIMATELY 71.886 ACRES BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 70.734 ACRE TRACT DESCRIBED AS TRACT ONE, AND ALL OF THE REMAINDER OF A CALLED 6.79 ACRE TRACT DESCRIBED AS TRACT TWO, BY A DEED TO 1891 JONES CROSSING, LTD RECORDED IN VOLUME 12755, PAGE 238 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 1720 HARVEY MITCHELL PARKWAY SOUTH. PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIING 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 27th day of October, 2016 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney 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 is rezoned from R Rural and GS General Suburban, and GC General Commercial to MF Multi-Family, GC General Commercial, NAP Natural Areas Protected, and R Rural: MF MULTI-FAMILY GC GENERAL COMMERCIAL NAP NATURAL AREAS PROTECTED R RURAL EXHIBIT “B” – Rezoning Map City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0690 Name:Rezoning – Deacon Drive West Status:Type:Rezoning Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 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 T Townhouse for approximately 23.707 acres being Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Being the remainder of a called 27.017 acre tract as described by a deed to the College Station Independent School District recorded in Volume 9626, Page 76 of the official public records of Brazos County, Texas. Generally located south of Deacon Drive West and east of Holleman Drive South. Sponsors:Rachel Lazo Indexes: Code sections: Attachments:Background Information Aerial and 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 T Townhouse for approximately 23.707 acres being Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Being the remainder of a called 27.017 acre tract as described by a deed to the College Station Independent School District recorded in Volume 9626, Page 76 of the official public records of Brazos County, Texas. Generally located south of Deacon Drive West and east of Holleman Drive South. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at their 6 October meeting and voted 4-0 to recommend approval. Summary::This request is to rezone the subject property from R Rural to T Townhouse. The Unified College Station, TX Printed on 10/24/2016Page 1 of 3 powered by Legistar™ File #:16-0690,Version:1 Development Ordinance provides the following review criteria for zoning map amendments: REZONING REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as General Suburban and on the Concept Map as Growth Area V. The Comprehensive Plan states that the General Suburban portion within Growth Area V is suitable for high-density single-family lots, townhomes, and duplexes. The proposed zoning permits townhomes, allowing the property to be developed consistent with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The existing R Rural zoning allows for large lot residential and/or agricultural uses, which is not compatible or supportive of more intense development that is anticipated for the area. Given the property’s close proximity to multiple townhouse developments, and its designation of Growth Area V in the Comprehensive Plan, an R Rural designation does not support the planned growth. The continuation of high density single- family is compatible with the adjacent Barracks development. 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 property is suitable for townhouse uses. It is adjacent to multiple townhouse developments. It is greenfield property, and there is no floodplain on the property and it is relatively flat. There is an existing 50- foot pipeline easement that bisects the property which should not negatively affect the property, so long as it is not included within any residential lot. 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 subject property is currently zoned R Rural. Uses permitted in this district include agricultural and large lot residential. Located near residential and commercial uses, major thoroughfares, and given the amount of residential property in the area, this property is not suitable for these uses. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment:The property can currently be marketed under the existing R Rural zoning district. However, the applicant has stated that the existing gas pipeline bisecting the property would affect the number of single family lots which could be developed, further limiting the marketability of the property. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water service will be provided by Wellborn SUD. The subject tract is located in the Steeplechase Wellborn Sanitary Sewer impact fee area. The site will have sewer access via 8-inch sewer main stub on Deacon Drive West. The subject property is located in the Bee Creek drainage basin. Detention will be required with the development. The site has frontage on Holleman Drive, a future Minor Arterial, Towers Parkway, a Minor Collector, and Deacon Drive West, a Major Collector. Drainage and other public infrastructure required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure appears to currently have capacity to adequately serve the proposed use. College Station, TX Printed on 10/24/2016Page 2 of 3 powered by Legistar™ File #:16-0690,Version:1 Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Aerial & Small Area Map 3. Ordinance College Station, TX Printed on 10/24/2016Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: October 6, 2016 Advertised Council Hearing Date: October 27, 2016 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: The Barracks Property owner notices mailed: 30 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Suburban PDD Planned Development District Single-Family Residential (including townhomes) South Urban N/A – ETJ Manufactured Homes East General Suburban PDD Planned Development District Single-Family Residential (including townhomes) West Restricted Suburban RS Restricted Suburban Undeveloped and Agricultural (proposed Mission Ranch) DEVELOPMENT HISTORY Annexation: November 2002 Zoning: Properties zoned A-O Agricultural Open upon Annexation 2013 – A-O Agricultural Open renamed R Rural Final Plat: N/A – Property is currently unplatted Site development: Vacant 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 FOR APPROXIMATELY 23.707 ACRES FROM R RURAL TO T TOWNHOUSE BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. BEING THE REMAINDER OF A CALLED 27.017 ACRE TRACT AS DESCRIBED BY A DEED TO THE COLLEGE STATION INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 9626, PAGE 76 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS FURTHER DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 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” and Exhibit “C”, 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 27th day of October, 2016 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No. ______ Page 2 of 5 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 is rezoned from R Rural to T Townhouse: Ordinance No. ______ Page 3 of 5 Ordinance No. ______ Page 4 of 5 EX HIBIT “B” – Rezoning Map Ordinance No. ______ Page 5 of 5 EXHIBIT “C” – Small Area Map City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0687 Name:Comprehensive Plan - Future Land Use south side of State Highway 30, south of Veteran’s Park Status:Type:Comprehensive Plan Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Urban to General Commercial for approximately 7 acres located along the south side of State Highway 30, south of Veteran’s Park adjacent to the City limit lines. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Background Aerial and Land Use Maps.pdf 2016 CPA Hwy 30 3 FINAL (Jen P).pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Urban to General Commercial for approximately 7 acres located along the south side of State Highway 30, south of Veteran’s Park adjacent to the City limit lines. Relationship to Strategic Goals: (Select all that apply) ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the Future Land Use and Character Map amendment. The Planning & Zoning Commission heard this item at their October 20, 2016 Regular Meeting. Their recommendation will be presented at the City Council Meeting. Summary: PROPOSAL The proposed Comprehensive Plan Land Use & Character Map amendment from Urban to General Commercial is to allow for infill commercial development opportunities in proximity to Veterans Memorial Park. The subject property has approximately 2,000 feet of frontage along the south side of State Highway 30 and was recently identified by Staff as a prime location for needed general commercial development. A significant amount of floodplain exists at the rear of the site that will be retained in its natural state. REVIEW CRITERIA 1.Changed or changing conditions in the subject area or the City:The City of College Station’s Comprehensive Plan was adopted in 2009. This site was designated as Urban on College Station, TX Printed on 10/24/2016Page 1 of 4 powered by Legistar™ File #:16-0687,Version:1 the Future Land Use and Character Map at that time. City Staff has recently begun to identify and actively market developable commercial properties along key corridors in an effort to attract businesses to the community. Limited developable commercial properties exist near Veterans Memorial Park. The subject property is one of the areas that City Staff and the City Council’s Economic Development Committee has identified as an opportunity for infill commercial development. 2.Scope of the request:The request is to amend approximately 7 acres from Urban to General Commercial to accommodate general commercial infill development in proximity to Veterans Memorial Park. 3.Availability of adequate information:The General Commercial designation allows for future development of general commercial uses such as retail and restaurant. The property has approximately 2,000 feet of freeway frontage along State Highway 30. 4.Consistency with the goals and strategies set forth in the Plan:The proposal is consistent with the goals and strategies of the Comprehensive Plan. The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The Comprehensive Plan states that infill development is desirable in appropriate locations and should be sensitive to surrounding neighborhoods. City Staff has identified the undeveloped frontage south of Veterans Memorial Park as an ideal commercial development opportunity. The portion of the property proposed for General Commercial is located along the road, with floodplain and natural vegetation at the rear of the lot adjacent to the large lot residential properties to the south. Additionally, the City adopted the Economic Development Master Plan in 2012, with an over- arching goal of a diversified economy generating quality, stable, full-time jobs; bolstering the sales and property tax base; and contributing to a high quality of life. One of the strategic initiatives for continued economic success is to support retail development by ensuring that there are opportunities to locate and expand businesses that make College Station a regional destination for retail services. The stated Master Plan goal for retail is as follows: “The City of College Station will continue to recognize the significance of retail expenditures to the local economy and will ensure that locations are ready to accommodate the development of such opportunities and that the City remains responsive to an ever-changing market.” 5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans: The subject area is currently designated on the Comprehensive Plan Future Land Use and Character Map as Urban, with a proposed amendment to General Commercial. The proposed General Commercial designation is described in the Comprehensive Plan as areas intended for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally these areas tend to be large in size, located near the intersection of two regionally significant roads, and concentrated in nodes within the community. College Station, TX Printed on 10/24/2016Page 2 of 4 powered by Legistar™ File #:16-0687,Version:1 The existing Urban designation is described as being for areas that should have a very intense level of development activity and will tend to consist of townhomes, duplexes, and high-density apartments. 6.Compatibility with the surrounding area:The property located to the north across State Highway 30 is owned by the City of College Station and developed as Veterans Memorial Park. Properties to the south are located outside of the City limits in the Extraterritorial Jurisdiction (ETJ) and developed as a large lot residential subdivision. At the rear of the residential lots is a substantial wooded buffer/floodplain. To the east and west along State Highway 30, properties are generally undeveloped. The proposed amendment to General Commercial is compatible with the surrounding adjacent uses. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network:Water service is available to this property from an existing 12-inch waterline along the north side of State Highway 30. There is also an existing 18-inch sewer main along the front of the property. Drainage is mainly to the southeast to the creek at the rear of the property. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing and proposed infrastructure appear to be adequate for the proposed general commercial use at this time. The subject property has approximately 2,000 feet of frontage on State Highway 30, designated a Major Arterial on the City’s Thoroughfare Plan. Access to the site will be from State Highway 30. An initial analysis of the surrounding transportation system was conducted. A Traffic Impact Analysis (TIA) will be required with the Site Plan for this property. 8.Impact on the City’s ability to provide, fund, and maintain services:City Services are not anticipated to be negatively impacted by the change in land use. 9.Impact on environmentally sensitive and natural areas:This area is not recognized as environmentally sensitive. 10.Contribution to the overall direction and character of the community as captured in the Plan’s vision and goals:The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The proposed amendment from Urban to General Commercial on approximately 7 acres does not limit the general goals of the Comprehensive Plan. The amendment proposes uses consistent with anticipated growth in this area. Budget & Financial Summary: N/A Legal Review: Yes. Attachments: 1. Background 2. Aerial and Small Area Map 3. Ordinance College Station, TX Printed on 10/24/2016Page 3 of 4 powered by Legistar™ File #:16-0687,Version:1 College Station, TX Printed on 10/24/2016Page 4 of 4 powered by Legistar™ Background NOTIFICATIONS Advertised Commission Hearing Date: October 20, 2016 Advertised Council Hearing Date: October 27, 2016 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: Two at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (Across State Highway 30) Natural Areas M-1 Light Industrial Veterans Memorial Park South Natural Areas and Rural N/A (outside of City limits) Rural Residential East Urban and Suburban Commercial R Rural and GC General Commercial Vacant West Natural Areas GS General Suburban Vacant DEVELOPMENT HISTORY Annexation: 1980 Zoning: 1980 - Zoned A-O Agricultural-Open at the time of annexation. 2013 – A-O renamed R Rural Final Plat: Unplatted Site development: Undeveloped 3 ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM URBAN TO GENERAL COMMERCIAL FOR APPROXIMATELY 7 ACRES LOCATED ALONG THE SOUTH SIDE OF STATE HIGHWAY 30, SOUTH OF VETERAN’S PARK ADJACENT TO THE CITY LIMIT LINES, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.2.q of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto for the identified area and made a part hereof 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 affect 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 27th day of October, 2016. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.__________________ Page 2 of 6 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding a new Subsection C.2.q to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. ORDINANCE NO.__________________ Page 3 of 6 C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. k. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. l. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. m. The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. n. The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail –Ordinance 3779, dated June 9, 2016 ORDINANCE NO.__________________ Page 4 of 6 o. The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. p. The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. q. The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – by this Ordinance, dated October 27, 2016 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j. South College Station Mobility Study – by an ordinance dated October 27, 2016. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance 3729, dated December 10, 2015. c. South College Station Mobility South College Station – by an ordinance dated October 27, 2016. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted ORDINANCE NO.__________________ Page 5 of 6 amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.__________________ Page 6 of 6 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Urban to General Commercial shown as follows: City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0693 Name:State Hwy 30 rezoning Status:Type:Rezoning Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 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 GC General Commercial and NAP Natural Areas Protected for approximately 11.449 acres of land being situated in the Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas being a portion of the remainder of a called 28.57 acre tract of land as described by a deed to the Summit Crossing, LLC recorded in Volume 8491, Page 52 of the Official Public Records of Brazos County, Texas; generally located south of State Highway 30, south of Veterans Memorial Park, adjacent to the City limit lines. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Aerial and Small Area Map Background Rez 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 GC General Commercial and NAP Natural Areas Protected for approximately 11.449 acres of land being situated in the Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas being a portion of the remainder of a called 28.57 acre tract of land as described by a deed to the Summit Crossing, LLC recorded in Volume 8491, Page 52 of the Official Public Records of Brazos County, Texas; generally located south of State Highway 30, south of Veterans Memorial Park, adjacent to the City limit lines. Relationship to Strategic Goals: (Select all that apply) ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the rezoning proposal. The Planning & Zoning Commission considered this item at their October 20, 2016 Regular Meeting. Their recommendation will be presented at the City Council meeting. Summary: College Station, TX Printed on 10/24/2016Page 1 of 3 powered by Legistar™ File #:16-0693,Version:1 PROPOSAL The proposed rezoning from R Rural to GC General Commercial is to allow for infill commercial development opportunities in proximity to Veterans Memorial Park on approximately six and a half acres of the tract. The subject property has approximately 2,000 feet of frontage along the south side of State Highway 30 and was recently identified by Staff as a prime location for needed general commercial development. A significant amount of floodplain exists at the rear of the site that will largely be zoned NAP Natural Areas Protected and be retained in its natural state. REZONING REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is currently designated on the Comprehensive Plan Future Land Use and Character Map as Urban and Natural Areas, with a pending application for amendment for the Urban area to General Commercial. The proposed General Commercial designation is described in the Comprehensive Plan as areas intended for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally these areas tend to be large in size, located near the intersection of two regionally significant roads, and concentrated in nodes within the community. The existing Urban designation is described as being for areas that should have a very intense level of development activity and will tend to consist of townhomes, duplexes, and high-density apartments. Additionally, the City adopted the Economic Development Master Plan in 2012, with an over- arching goal of a diversified economy generating quality, stable, full-time jobs; bolstering the sales and property tax base; and contributing to a high quality of life. One of the strategic initiatives for continued economic success is to support retail development by ensuring that there are opportunities to locate and expand businesses that make College Station a regional destination for retail services. The stated Master Plan goal for retail is as follows: “The City of College Station will continue to recognize the significance of retail expenditures to the local economy and will ensure that locations are ready to accommodate the development of such opportunities and that the City remains responsive to an ever-changing market.” If the Planning & Zoning Commission recommends approval of the Comprehensive Plan Future Land Use and Character Map amendment to General Commercial, the proposed rezoning will be in compliance with the Comprehensive Plan. If the Planning & Zoning Commission recommends denial of the Map amendment, the rezoning will not be in compliance with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The property located to the north across State Highway 30 is zoned M-1 Light Industrial, but owned by the City of College Station and developed as Veterans Memorial Park. Properties to the south are located outside of the City limits in the Extraterritorial Jurisdiction (ETJ) and developed as a large lot residential subdivision. At the rear of the residential lots is a substantial wooded buffer/floodplain. To the east and west along the south side of State Highway 30, properties are generally zoned R Rural and are undeveloped. Along the north side to the east are undeveloped general commercial properties. Proposed general commercial development is compatible with the existing uses in the area. College Station, TX Printed on 10/24/2016Page 2 of 3 powered by Legistar™ File #:16-0693,Version:1 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 property has over 2,000 feet of undeveloped frontage along State Highway 30 that is suitable for General Commercial uses such as retail and restaurant. The property varies in depth from approximately 180 feet deep to about 400 feet deep. 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 property and larger surrounding tract are currently zoned R Rural. The property is suitable for rural uses. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment:The subject property may be marketable with its current zoning of R Rural, however, the requested rezoning provides an opportunity for commercial development near Veterans Memorial Park. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water service is available to this property from an existing 12-inch waterline along the north side of State Highway 30. There is also an existing 18-inch sewer main along the front of the property. Drainage is mainly to the southeast to the creek at the rear of the property. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing and proposed infrastructure appear to be adequate for the proposed general commercial use at this time. The subject property has approximately 2,000 feet of frontage on State Highway 30, designated a Major Arterial on the City’s Thoroughfare Plan. Access to the site will be from State Highway 30. An initial analysis of the surrounding transportation system was conducted. A Traffic Impact Analysis (TIA) will be required with the Site Plan for this property. Budget & Financial Summary: N/A Attachments: 1. Aerial and Small Area Map 2. Background 3. Ordinance College Station, TX Printed on 10/24/2016Page 3 of 3 powered by Legistar™ Background NOTIFICATIONS Advertised Commission Hearing Date: October 20, 2016 Advertised Council Hearing Date: October 27, 2016 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: N/A Property owner notices mailed: 12 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: Two at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (Across State Highway 30) Natural Areas M-1 Light Industrial Veterans Memorial Park South Natural Areas and Rural N/A (outside of City limits) Rural Residential East Urban and Suburban Commercial R Rural and GC General Commercial Vacant West Natural Areas GS General Suburban Vacant DEVELOPMENT HISTORY Annexation: 1980 Zoning: 1980 - Zoned A-O Agricultural-Open at the time of annexation. 2013 – A-O renamed R Rural Final Plat: Unplatted Site development: Undeveloped 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 GC GENERAL COMMERCIAL AND NAP NATURAL AREAS PROTECTED FOR APPROXIMATELY 11.449 ACRES OF LAND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, COLLEGE STATION, BRAZOS COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF A CALLED 28.57 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO THE SUMMIT CROSSING, LLC RECORDED IN VOLUME 8491, PAGE 52 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; GENERALLY LOCATED SOUTH OF STATE HIGHWAY 30, SOUTH OF VETERANS MEMORIAL PARK, ADJACENT TO THE CITY LIMIT LINES, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIING 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 Exhibit “B” for the property described graphically in Exhibit “C” and more specifically in Exhibit “D”, 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 27th day of October, 2016 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney 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 is rezoned from R Rural to GC General Commercial, as described below and as graphically depicted in Exhibit “D”: EXHIBIT “B” 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 is rezoned from R Rural to NAP Natural Areas Protected, as described below and as graphically depicted in Exhibit “D”: SAVE AND EXCEPT THE AREA DESCRIBED BY METES & BOUNDS, AS FOLLOWS: EXHIBIT “C” EXHIBIT “D” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0692 Name:Comprehensive Plan east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension Status:Type:Comprehensive Plan Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Village Center to General Commercial for approximately 58 acres generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Aerial and Maps Background 2016 CPA 7 Fitch & Pebble 2 FINAL.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Village Center to General Commercial for approximately 58 acres generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension. Relationship to Strategic Goals: (Select all that apply) ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the Future Land Use and Character Map amendment. The Planning & Zoning commission considered this request at their October 20, 2016. Their recommendation will be presented at the City Council meeting. Summary: PROPOSAL The proposed Comprehensive Plan Land Use & Character Map amendment from Village Center to General Commercial is to allow for infill commercial development opportunities along the East Bypass. The remainder of the larger 278 acre property, known as Spring Creek Business Park will remain zoned for future industrial development. The subject property has frontage along the east side of State Highway 6 South and was recently identified by Staff as a prime location for needed general commercial development. College Station, TX Printed on 10/24/2016Page 1 of 4 powered by Legistar™ File #:16-0692,Version:1 REVIEW CRITERIA 1.Changed or changing conditions in the subject area or the City:The City of College Station’s Comprehensive Plan was adopted in 2009. This site was designated as Business Park on the Future Land Use and Character Map at that to reflect the Spring Creek Corporate Campus proposed on the subject property and adjoining acreage to the east. The City purchased the larger 278 acres in 2000 for future business park development. The existing Village Center designation was placed on the property in 2012 with the adoption of the Medical District Master Plan. Since the adoption of that Plan, an Economic Development Agreement has been executed within the Medical District that limits the City’s ability to develop the subject property for a Village Center use in the near future. City Staff has recently begun to identify and actively market developable commercial properties along key corridors in an effort to attract businesses to the community. Limited developable commercial properties of significant scale exist along State Highway 6 South the City’s primary commercial corridor. The subject property is one of the areas that City Staff and the City Council’s Economic Development Committee has identified as an opportunity for infill commercial development along the Freeway. 2.Scope of the request:The request is to amend approximately 58 acres from Village Center to General Commercial to accommodate general commercial infill development along State Highway 6 South. 3.Availability of adequate information:The General Commercial designation allows for future development of general commercial uses such as retail and restaurant uses. The property has approximately 1,900 feet of freeway frontage along State Highway 6 South. 4.Consistency with the goals and strategies set forth in the Plan:The proposal is consistent with the goals and strategies of the Comprehensive Plan. The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The Comprehensive Plan states that infill development is desirable in appropriate locations and should be sensitive to surrounding neighborhoods. City Staff has identified the undeveloped frontage of this industrial tract as a prime commercial development opportunity along State Highway 6 South, the City’s primary commercial corridor. The portion of the property proposed for General Commercial use is not located near residential uses. Additionally, the City adopted the Economic Development Master Plan in 2012, with an over- arching goal of a diversified economy generating quality, stable, full-time jobs; bolstering the sales and property tax base; and contributing to a high quality of life. One of the strategic initiatives for continued economic success is to support retail development by ensuring that there are opportunities to locate and expand businesses that make College Station a regional destination for retail services. The stated Master Plan goal for retail is as follows: “The City of College Station will continue to recognize the significance of retail expenditures to the local economy and will ensure that locations are ready to accommodate the development of such College Station, TX Printed on 10/24/2016Page 2 of 4 powered by Legistar™ File #:16-0692,Version:1 opportunities and that the City remains responsive to an ever-changing market.” 5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans: The subject area is currently designated on the Comprehensive Plan Future Land Use and Character Map as Village Center, with a proposed amendment to General Commercial. The proposed General Commercial designation is described in the Comprehensive Plan as areas intended for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally these areas tend to be large in size, located near the intersection of two regionally significant roads, and concentrated in nodes within the community. The existing Village Center designation was placed on the property in 2012 with the adoption of the Medical District Master Plan. Since the adoption of that Plan, an Economic Development Agreement has been executed within the Medical District that limits the City’s ability to develop the subject property for a Village Center use in the near future. Village Center is described in the Medical District Master Plan as being for areas intended to provide a mixture of retail and residential uses, possible with supporting offices in a pedestrian and bicycle-friendly environment. 6.Compatibility with the surrounding area:The adjacent land uses include places of worship to the north and medical uses to the south, along State Highway 6 South. To the east is the remainder of the larger 278 acre tract which is undeveloped, but intended for a future business park. The proposed amendment to General Commercial is compatible with the surrounding adjacent uses. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network:Water service is available to this property from existing 18-inch waterline along State Highway 6, a future 24-inch line along State Highway 6, and future 12 -inch lines along the proposed Lakeway Drive and Pebble Creek Parkway extensions. There is also an existing 27-inch sewer mains along the southern boundary that may serve this property. The property is located in the Spring Creek Sewer Impact Fee area. Drainage is mainly to the southeast. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing and proposed infrastructure appear to be adequate for the proposed general commercial use at this time. The subject property has approximately 1,900 feet of frontage on State Highway 6 South, designated a Freeway/Expressway, approximately 2,000 feet of frontage on the future Lakeway Drive extension, designated a Major Collector, and approximately 1,300 feet of frontage along the future Pebble Creek Parkway extension, designated a Major Collector on the City’s Thoroughfare Plan. Access to the site will be from State Highway 6 South, Lakeway Drive, and Pebble Creek Parkway. An initial analysis of the surrounding transportation system was completed. A TIA of the tract will be required with the Site Plan. 8.Impact on the City’s ability to provide, fund, and maintain services:City Services are not anticipated to be negatively impacted by the change in land use. 9.Impact on environmentally sensitive and natural areas:This area is not College Station, TX Printed on 10/24/2016Page 3 of 4 powered by Legistar™ File #:16-0692,Version:1 recognized as environmentally sensitive. 10.Contribution to the overall direction and character of the community as captured in the Plan’s vision and goals:The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The proposed amendment from Village Center to General Commercial on approximately 58 acres does not limit the general goals of the Comprehensive Plan. The amendment proposes uses consistent with anticipated growth in this area. Budget & Financial Summary: N/A Legal Review: Yes. Attachments: 1. Aerial & Maps 2. Background 3. Ordinance College Station, TX Printed on 10/24/2016Page 4 of 4 powered by Legistar™ Background NOTIFICATIONS Advertised Commission Hearing Date: October 20, 2016 Advertised Council Hearing Date: October 27, 2016 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: None at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Commercial GC General Commercial Place of Worship (Christ United Methodist Church) South Natural Areas and General Commercial GC General Commercial and OV Overlay Medical Office/Clinic (St. Joseph Regional Health Center) East Urban M-1 Planned Industrial Vacant West (Across State Highway 6 South) Suburban Commercial and Urban GC General Commercial and OV Overlay General Commercial DEVELOPMENT HISTORY Annexation: 1983 Zoning: 1983 - Zoned A-O Agricultural-Open at the time of annexation. 2000 & 2003 – M-1 Planned Industrial Final Plat: Unplatted Site development: Undeveloped 9f554c9b-33a1-481a-85c9-a49dc099e54c.docx ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM VILLAGE CENTER TO GENERAL COMMERCIAL FOR APPROXIMATELY 58 ACRES GENERALLY LOCATED ALONG THE EAST SIDE OF STATE HIGHWAY 6 SOUTH, NORTH OF W.D. FITCH PARKWAY AND SOUTH OF THE FUTURE PEBBLE CREEK PARKWAY EXTENSION, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.2.r of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto for the identified area and made a part hereof 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 affect 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 27th day of October, 2016. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.__________ Page 2 of 6 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding a new Subsection C.2.r to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. ORDINANCE NO.__________ Page 3 of 6 C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. k. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. l. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. m. The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. n. The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail –Ordinance 3779, dated June 9, 2016 ORDINANCE NO.__________ Page 4 of 6 o. The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. p. The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. q. The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – by an Ordinance, dated October 27, 2016. r. The approximately 58 acres of land generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension – by this Ordinance, dated October 27, 2016. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j. South College Station Mobility Study – by an ordinance dated October 27, 2016. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance 3729, dated December 10, 2015. c. South College Station Mobility South College Station – by an ordinance dated October 27, 2016. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, ORDINANCE NO.__________ Page 5 of 6 bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.__________ Page 6 of 6 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Village Center to General Commercial shown as follows: City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0694 Name:Spring Creek Rezoning Status:Type:Rezoning Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 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 M-1 Planned Industrial to GC General Commercial on approximately 58 acres of land lying and being situated in the Robert Stevenson league (abstract no. 54) in College Station, Brazos County, Texas, being a part of the following tracts conveyed to the City of College Station by the cited deeds recorded in the Official Public Records of Brazos County, Texas: 78.36 acres (volume 3900, page 223), 16.89 acres (volume 3900, pg. 188) and 36.9 acres (volume 4329, pg. 134), being generally described as all of that property lying between the current northeast right-of-way of State Highway no. 6 and the proposed southwest right-of-way (100 ft. width) of Lakeway Drive, southeast from the proposed southeast right-of-way line (100 ft. width) of Pebble Creek Parkway to the northwest boundary of the Spring Creek Greenway reserve as designated by the City of College Station, and more generally located along the east side of Earl Rudder Freeway, north of W.D. Fitch Parkway, south of the future Pebble Creek Parkway extension. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Aerial and Small Area Map Background 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 M-1 Planned Industrial to GC General Commercial on approximately 58 acres of land lying and being situated in the Robert Stevenson league (abstract no. 54) in College Station, Brazos County, Texas, being a part of the following tracts conveyed to the City of College Station by the cited deeds recorded in the Official Public Records of Brazos County, Texas: 78.36 acres (volume 3900, page 223), 16.89 acres (volume 3900, pg. 188) and 36.9 acres (volume 4329, pg. 134), being generally described as all of that property lying between the current northeast right-of-way of State Highway no. 6 and the proposed southwest right-of-way (100 ft. width) of Lakeway Drive, southeast from the proposed southeast right-of-way line (100 ft. width) of Pebble Creek Parkway to the northwest boundary of the Spring Creek Greenway reserve as designated by the City of College Station, and more generally located along the east side of Earl Rudder Freeway, north of W.D. Fitch Parkway, south of the future Pebble Creek Parkway extension. Relationship to Strategic Goals: (Select all that apply) College Station, TX Printed on 10/24/2016Page 1 of 4 powered by Legistar™ File #:16-0694,Version:1 ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the rezoning proposal. The Planning & Zoning Commission considered this item at their October 20, 2016 Regular Meeting. Their recommendation will be presented at the City Council Meeting. Summary: PROPOSAL The proposed rezoning from M-1 Planned Industrial to GC General Commercial is to allow for infill commercial development opportunities along the East Bypass. The remainder of the 278 acre property, known as Spring Creek Business Park, will remain zoned for future industrial development. The subject property has frontage along the east side of Earl Rudder Freeway South and was recently identified by Staff as a prime location for needed regionally significant general commercial development. REZONING REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is currently designated on the Comprehensive Plan Future Land Use and Character Map as Urban Center, with a pending application for amendment to General Commercial. The proposed General Commercial designation is described in the Comprehensive Plan as areas intended for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally these areas tend to be large in size, located near the intersection of two regionally significant roads, and concentrated in nodes within the community. The existing Village Center designation was placed on the property in 2012 with the adoption of the Medical District Master Plan. Since the adoption of that Plan, an Economic Development Agreement has been executed within the Medical District that limits the City’s ability to develop the subject property for a Village Center use in the near future. Village Center is described in the Medical District Master Plan as being for areas intended to provide a mixture of retail and residential uses, possible with supporting offices in a pedestrian and bicycle-friendly environment. Additionally, the City adopted the Economic Development Master Plan in 2012, with an over- arching goal of a diversified economy generating quality, stable, full-time jobs; bolstering the sales and property tax base; and contributing to a high quality of life. One of the strategic initiatives for continued economic success is to support retail development by ensuring that there are opportunities to locate and expand businesses that make College Station a regional destination for retail services. The stated Master Plan goal for retail is as follows: “The City of College Station will continue to recognize the significance of retail expenditures to the local economy and will ensure that locations are ready to accommodate the development of such opportunities and that the City remains responsive to an ever-changing market.” If the Planning & Zoning Commission recommends approval of the Comprehensive Plan Future Land Use and Character Map amendment to General Commercial, the proposed rezoning will be in compliance with the Comprehensive Plan. If the Planning & Zoning College Station, TX Printed on 10/24/2016Page 2 of 4 powered by Legistar™ File #:16-0694,Version:1 Commission recommends denial of the Map amendment, the rezoning will not be in compliance with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The properties located immediately to the north and south are zoned GC General Commercial and are developed as a place of worship to the north (Christ United Methodist Church) and medical office / clinic to the south (St. Joseph Regional Health Center). To the east, approximately 225 acres is zoned M-1 Planned Industrial and is the future Spring Creek Business Park. To the west is the Earl Rudder Freeway. Proposed general commercial development is compatible with the existing Places of Worship and medical use located along the East Bypass. 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 property has over 1,900 feet of undeveloped frontage along State Highway 6 South, and future frontage along both Lakeway Drive and Pebble Creek Parkway that is suitable for General Commercial uses such as retail and restaurant. 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 property and larger surrounding tract are currently zoned M-1 Planned Industrial. The property is suitable for light industrial development. 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 subject property may be marketable with its current zoning of M-1 Planned Industrial, however, the requested rezoning provides an opportunity for regionally significant commercial development along freeway frontage, where general commercial land uses are most appropriate. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water service is available to this property from an existing 18-inch waterline along State Highway 6, a future 24-inch line along State Highway 6, and future 12-inch lines along the proposed Lakeway Drive and Pebble Creek Parkway extensions. There is also an existing 27-inch sewer mains along the southern boundary that may serve this property. The property is located in the Spring Creek Sewer Impact Fee area. Drainage is mainly to the southeast. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing and proposed infrastructure appear to be adequate for the proposed general commercial use at this time. The subject property has approximately 1,900 feet of frontage on State Highway 6 South, designated a Freeway/Expressway, approximately 2,000 feet of frontage on the future Lakeway Drive extension, designated a Major Collector, and approximately 1,300 feet of frontage along the future Pebble Creek Parkway extension, designated a Major Collector on the City’s Thoroughfare Plan. Access to the site will be from State Highway 6 South, Lakeway Drive, and Pebble Creek Parkway. An initial analysis of the surrounding transportation system was completed. A TIA of the tract will be required with the Site Plan. College Station, TX Printed on 10/24/2016Page 3 of 4 powered by Legistar™ File #:16-0694,Version:1 Budget & Financial Summary: N/A Attachments: 1. Aerial and Small Area Map 2. Background 3. Ordinance College Station, TX Printed on 10/24/2016Page 4 of 4 powered by Legistar™ Background NOTIFICATIONS Advertised Commission Hearing Date: October 20, 2016 Advertised Council Hearing Date: October 27, 2016 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: N/A Property owner notices mailed: 2 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: None at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Commercial GC General Commercial Place of Worship (Christ United Methodist Church) South Natural Areas and General Commercial GC General Commercial and OV Overlay Medical Office/Clinic (St. Joseph Regional Health Center) East Urban M-1 Planned Industrial Vacant West (Across State Highway 6 South) Suburban Commercial and Urban GC General Commercial and OV Overlay General Commercial DEVELOPMENT HISTORY Annexation: 1983 Zoning: 1983 - Zoned A-O Agricultural-Open at the time of annexation. 2000 & 2003 – M-1 Planned Industrial Final Plat: Unplatted Site development: Undeveloped 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 M- 1 PLANNED INDUSTRIAL TO GC GENERAL COMMERCIAL ON APPROXIMATELY 58 ACRES OF LAND LYING AND BEING SITUATED IN THE ROBERT STEVENSON LEAGUE (ABSTRACT NO. 54) IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PART OF THE FOLLOWING TRACTS CONVEYED TO THE CITY OF COLLEGE STATION BY THE CITED DEEDS RECORDED IN THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS: 78.36 ACRES (VOLUME 3900, PAGE 223), 16.89 ACRES (VOLUME 3900, PG. 188) AND 36.9 ACRES (VOLUME 4329, PG. 134), BEING GENERALLY DESCRIBED AS ALL OF THAT PROPERTY LYING BETWEEN THE CURRENT NORTHEAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 6 AND THE PROPOSED SOUTHWEST RIGHT-OF-WAY (100 FT. WIDTH) OF LAKEWAY DRIVE, SOUTHEAST FROM THE PROPOSED SOUTHEAST RIGHT-OF-WAY LINE (100 FT. WIDTH) OF PEBBLE CREEK PARKWAY TO THE NORTHWEST BOUNDARY OF THE SPRING CREEK GREENWAY RESERVE AS DESIGNATED BY THE CITY OF COLLEGE STATION, AND MORE GENERALLY LOCATED ALONG THE EAST SIDE OF EARL RUDDER FREEWAY, NORTH OF W.D. FITCH PARKWAY, SOUTH OF THE FUTURE PEBBLE CREEK PARKWAY EXTENSION, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIING 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. Ordinance No. _____ Page 2 of 4 PASSED, ADOPTED and APPROVED this 27th day of October, 2016 ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Ordinance No. _____ Page 3 of 4 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 is rezoned from M-1 Light Industrial to GC General Commercial, as described below and as graphically depicted in Exhibit “B”: METES& BOUNDS HERE!! Ordinance No. _____ Page 4 of 4 EXHIBIT “B” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0691 Name:Comprehensive Plan Amendment for Chapter 6- Transportation and Bicycle, Pedestrian, and Greenways Master Plan Status:Type:Comprehensive Plan Agenda Ready File created:In control:10/13/2016 City Council Regular On agenda:Final action:10/27/2016 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan for Chapter 6 - Transportation and the Bicycle, Pedestrian, and Greenways Master Plan for transportation facilities on the southwest side of the City. Sponsors:Alan Gibbs Indexes: Code sections: Attachments:0 Ordinance FINAL.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan for Chapter 6 - Transportation and the Bicycle, Pedestrian, and Greenways Master Plan for transportation facilities on the southwest side of the City. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Improving Mobility Recommendation(s): The Planning and Zoning Commission considered this item on October 20, 2016. Their recommendation will be provided at the City Council at the meeting. Staff recommends approval. Summary: The City initiated this Comprehensive Plan Amendment after hiring a consultant to perform a transportation plan study in the Southwest Side of the City in the vicinity of Wellborn Road, Royder Road, and Koppe Bridge Road. REVIEW CRITERIA 1.Changed or changing conditions in the subject area or the City:The City of College Station Comprehensive Plan was originally adopted in 2009, followed by the Five-Year Evaluation in 2014. As part of the evaluation process, several items in Chapter 6-Transportation of the Comprehensive Plan were identified to be updated. As a result of these updates to Chapter 6 - College Station, TX Printed on 10/24/2016Page 1 of 3 powered by Legistar™ File #:16-0691,Version:1 Transportation, the Bicycle, Pedestrian and Greenways Master Plan was also amended in 2015. There are many changing conditions on the southwest side of College Station, including the proposal of two new schools within close proximity of an existing elementary school, expanding residential developments, the planned closure of railroad crossings at Wade Road and Straub Road by Union Pacific Rail Road in the extra-territorial jurisdiction, and the addition of a railroad crossing at Greens Prairie Trail which is currently under construction. The City currently has Capital Improvement Projects for Royder Road and Greens Prairie Trail which are in preliminary engineering phases. In order to appropriately respond to these changing conditions, Kimley-Horn and Associates, Inc. was hired by the City of College Station to analyze the Thoroughfares in this area. 2.Scope of the request:The amendment to Chapter 6 - Transportation including an updated Thoroughfare Plan, an updated Bicycle, Pedestrian, and Greenways Master Plan and associated maps. Based on the results of the consultant’s analysis, staff is recommending the following: a)Modify the Thoroughfare Plan to include a railroad crossing and realignment for Koppe Bridge Road between I&GN Road and Wellborn Road. b)Realign Royder Road to align with the proposed Koppe Bridge Railroad Crossing. c)Upgrade the classification of Koppe Bridge Road from a Minor Collector to a Major Collector to include bike lanes and sidewalks. d)Downgrade the classification of the future thoroughfare immediately north of Koppe Bridge Road from a Major Collector to a Minor Collector to include bike routes and sidewalks. e)Remove South Dowling Road and Greens Prairie Road West from the Thoroughfare Plan and bike routes for the portions between I&GN Road and Wellborn Road. 3.Availability of adequate information:Kimley Horn and Associates were hired in 2016 to update the City’s TransCAD transportation model. The updated model supports the proposed changes. 4.Consistency with the goals and strategies set forth in the Plan:This amendment is consistent with the Comprehensive Plan as it promotes a safe, efficient, and well-connected multi- model transportation designed to be sensitive to surrounding land uses. 5.Consideration of the Thoroughfare Plan and Bicycle, Pedestrian and Greenways Master Plan:An amendment to the Bicycle, Pedestrian and Greenways Master Plan is also included in this Comprehensive Plan amendment, as some of the changes impact location of sidewalks and bike lanes. The Bicycle, Pedestrian and Greenways Advisory Board unanimously recommended approval of the presented Alternative No. 3 amendment at their September 6th meeting. 6.Compatibility with the surrounding area:The existing Context Zones in Chapter 6 - Transportation would allow for roadways to be designed to be more compatible with the surrounding areas. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network:There will be no impacts with regard to water, wastewater and drainage. This amendment will update the City’s transportation plan to ensure adequate College Station, TX Printed on 10/24/2016Page 2 of 3 powered by Legistar™ File #:16-0691,Version:1 transportation facilities within the planning horizon. 8.Impact on the City’s ability to provide, fund, and maintain services:There will be no directly associated funding impacts to the City, but future projects will be evaluated accordingly. 9.Impact on environmentally sensitive and natural areas:Any environmental impacts would need to be evaluated as part of any future roadway projects. 10.Contribution to the overall direction and character of the community as captured in the Plan’s vision and goals:This amendment enhances the Plan’s vision and goals by updating the City’s transportation plans to ensure adequate transportation facilities in the future within the planning horizon. Budget & Financial Summary: N/A Legal Review: Yes. Attachments: 1. Ordinance College Station, TX Printed on 10/24/2016Page 3 of 3 powered by Legistar™ cec0476e-799b-461f-ab81-56fdb4c6b76c.docx ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING EXHIBIT “A” OF SUCH PLAN; BY AMENDING PORTIONS OF MAPS 5.4 AND 5.5 OF CHAPTER 5 “BICYCLE, PEDESTRIAN AND GREENWAYS MASTER PLAN; AND BY AMENDING A PORTION OF MAP 6.6-FUNCTIONAL CLASSIFICATION AND CONTEXT CLASS OF CHAPTER 6 “TRANSPORTATION” PERTAINING TO CHANGES IN THE SOUTHWEST SIDE OF THE CITY, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding new Subsections C.4.j and C.5.c of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof for all purposes. PART 2: That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of Map 6.6-Functional Classification and Context Class of Chapter 6 “Transportation” thereof pertaining to changes in the southwest side of the City of College Station as set forth in Exhibit “B” attached hereto and made a part hereof for all purposes. PART 3: That the “Comprehensive Plan of the City of College Station” is hereby amended by amending portions of Maps 5.4-Proposed Bicycle Facilities and 5.5-Proposed Pedestrian Facilities of Chapter 5 of the “Bicycle, Pedestrian, and Greenways Master Plan” thereof pertaining to changes in the southwest side of the City of College Station as set forth in Exhibit “C” attached hereto and made a part hereof for all purposes. PART 4: 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 5: 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 27th day of October, 2016. ORDINANCE NO.________ Page 2 of 11 ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.________ Page 3 of 11 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding new Subsections C.4.j. and C.5.c. to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. ORDINANCE NO.________ Page 4 of 11 C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. k. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. l. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. m. The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. n. The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail –Ordinance 3779, dated June 9, 2016 ORDINANCE NO.________ Page 5 of 11 o. The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. p. The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j. South College Station Mobility Study – by this ordinance dated October 27, 2016. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance 3729, dated December 10, 2015. c. South College Station Mobility South College Station – by this ordinance dated October 27, 2016. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning ORDINANCE NO.________ Page 6 of 11 regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.________ Page 7 of 11 EXHIBIT “B” That the “Comprehensive Plan” of the City of College Station, Texas is hereby amended by amending a portion of Map 6.6-Functional Classification and Context Class of Chapter 6 “Transportation” thereof as follows: AMENDED AREA OF COLLEGE STATION THOROUGHFARE PLAN: Map 6.6-Functional Classification and Context Class Urban ORDINANCE NO.________ Page 8 of 11 ORDINANCE NO.________ Page 9 of 11 EXHIBIT “C” That the “Comprehensive Plan” of the City of College Station, Texas is hereby amended by amending a portions of Maps 5.4-Proposed Bicycle Facilities and 5.5-Proposed Pedestrian Facilities of Chapter 5 of the “Bicycle, Pedestrian, and Greenways Master Plan” thereof as follows: ORDINANCE NO.________ Page 10 of 11 AMENDED AREA OF COLLEGE STATION PROPOSED BICYCLE FACILITIES PLAN AND PROPOSED PEDESTRIAN FACILITIES PLAN: ORDINANCE NO.________ Page 11 of 11