HomeMy WebLinkAbout11/10/2016 - Regular Agenda Packet - City CouncilCity Council Regular
College Station, TX
Meeting Agenda - Final
City Hall
1101 Texas Ave
College Station, TX 77840
City Hall Council Chambers7:00 PMThursday, November 10, 2016
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not
appear on the posted Agenda. Registration forms are available in the lobby and at the
desk of the City Secretary. This form should be completed and delivered to the City
Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound
after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The
City Council will receive the information, ask staff to look into the matter, or place the
issue on a future agenda. Topics of operational concerns shall be directed to the City
Manager. Comments should not personally attack other speakers, Council or staff.
Consent Agenda
At the discretion of the Mayor, individuals may be allowed to speak on a Consent
Agenda Item. Individuals who wish to address the City Council on a consent agenda
item not posted as a public hearing shall register with the City Secretary prior to the
Mayor's reading of the agenda item. Registration forms are available in the lobby and
at the desk of the City Secretary.
2. Presentation, possible action and discussion of consent agenda items which
consists of ministerial or "housekeeping " items required by law. Items may be removed
from the consent agenda by majority vote of the Council.
Presentation, possible action, and discussion of minutes for:
·October 27, 2016 Workshop
·October 27, 2016 Regular Meeting
16-07292a.
Sponsors:Mashburn
WKSHP102716 DRAFT Minutes
RM102716 DRAFT Minutes
Attachments:
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.
16-06512b.
Sponsors:Ruiz
Page 1 College Station, TX Printed on 11/4/2016
November 10, 2016City Council Regular Meeting Agenda - Final
EDA ViaSat
Exhibits A & B
Attachments:
Presentation, possible action, and discussion regarding approval of
a contract between the City of College Station (COCS) and Saber
Power Services in the amount of $2,986,103.45 for the purpose of
modifying the ring bus and relocating transformer number 2 at
Greens Prairie Substation.
16-07022c.
Sponsors:Crabb
Bid TabAttachments:
Presentation, possible action, and discussion regarding
construction contract 17300010 with Elliott Construction, LLC, in
the amount of $4,576,851 for Phase 2 of the Bee Creek Sanitary
Sewer Trunk Line Rehabilitation.
16-07052d.
Sponsors:Harmon
17-003 Bid Tabulation
Bee Creek Sewer Trunk Line - Project Location Map
Attachments:
Presentation, possible action, and discussion regarding an
ordinance amending Chapter 11, "Utilities" Section 11-2, "Water
and Sewer Services," of the Code of Ordinances of the City of
College Station, Texas having the effect of recognizing water and
sewer utility rates and surcharges established by contract.
16-07112e.
Sponsors:Coleman
OrdinanceAttachments:
Presentation, possible action, and discussion to approve an
amendment to the March 12, 2016, Agreement Designating Fire
Station Site between the City of College Station and McAlister
Opportunity Fund 2012 to designate an alternate fire station site
agreed to by the parties.
16-07222f.
Sponsors:Warren
Amd fire station site agr v 2Attachments:
Presentation, possible action, and discussion on a modification to
the Utility Agreement with Brazos County MUD #1 to include a
surcharge for water and sewer service without the charge of impact
fees and other related matters.
16-07082g.
Sponsors:Coleman
Amd 1 UA 11-03-16 finalAttachments:
Presentation, possible action, and discussion regarding the
approval of a roadway maintenance fee ordinance.
16-07282h.
Page 2 College Station, TX Printed on 11/4/2016
November 10, 2016City Council Regular Meeting Agenda - Final
Sponsors:Nettles
20161019_Draft_CS_RoadwayUserFeeOrdinance CAR revisions (3)Attachments:
Presentation, possible action, and discussion regarding approval of
a contract with Sungard Public Sector (SPS), formerly Sungard
HTE, for programming services to add the appropriate Roadway
Maintenance fee to utility accounts in the utility billing system in an
amount not to exceed $7,880.
16-07212i.
Sponsors:Provazek
COLG CX 2016-00022679 (Revise I).pdfAttachments:
Presentation, possible action, and discussion on a Resolution
authorizing banners for the annual Christmas Parade.
16-07232j.
Sponsors:Simms
Location Map
RESOLUTION
Attachments:
Presentation, possible action, and discussion on an interlocal
Chapter 380 agreement with Brazos County creating an economic
development program that includes mechanisms for funding
needed core public infrastructure in targeted locations throughout
the City.
16-07352k.
Sponsors:Ruiz
Presentation, possible action, and discussion regarding the
approval of a resolution approving the purchase of property and
construction of a new office building by the Brazos Central
Appraisal District.
16-07402l.
Sponsors:Nettles
City CS OK Resolution LetterAttachments:
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
Page 3 College Station, TX Printed on 11/4/2016
November 10, 2016City Council Regular Meeting Agenda - Final
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 on an
ordinance amending Chapter 10, “Traffic Code”, Section 4
“Administrative Adjudication of Parking Violations ”, E “Parking
Regulations of Certain Described Areas ”, (1) “Traffic Schedule XIV
- No Parking Here to Corner or No Parking Anytime” of the Code of
Ordinances to remove parking on Peyton Street, Chappel Street,
Banks Street, Pearce Street, Columbus Street, Churchill Street,
Pasler Street, Preston Street, Avenue B, and Turner Street.
16-07061.
Sponsors:Rother
No Parking - Map - Residential Streets near Fire Station 6
Parking Removal Ord near Station 6
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 12, “Unified
Development Ordinance,” Article 2 “Development Review Bodies”,
Section 12-2.5 “Design Review Board,” Subsection B “Membership
and Terms” of the Code of Ordinances of the City of College
Station, Texas, regarding membership of the Design Review
Board.
16-07142.
Sponsors:Hitchcock
Existing and proposed language
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
approving an ordinance vacating and abandoning a 0.062 acre
public drainage easement lying and 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
134.041 acre tract as described by a deed to TLS Properties, LTD .,
recorded in Volume 3091, Page 243 of the Official Public Records
of Brazos County, Texas.
16-07153.
Sponsors:Cotter
Page 4 College Station, TX Printed on 11/4/2016
November 10, 2016City Council Regular Meeting Agenda - Final
Vicinity Map
Location Map
Ordinance
Exhibit A
Attachments:
Public Hearing, presentation, possible action, and discussion on a
resolution that establishes the City Council determination that the
use of parkland is allowable and that no other feasible or prudent
alternative exists for a Public Utility Corridor to run wastewater lines
and other public utilities for the proposed Southern Pointe
development, and that all reasonable planning measures have
been taken to minimize the harm to such parkland.
16-07094.
Sponsors:Coleman
Resolution
Exhibit A - 20 foot TCC
Exhibit A - 30 foot PUC
Map
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending the Comprehensive Plan -
Future Land Use & Character Map from Estate to Restricted
Suburban for approximately 13 acres located at 1404 Bird Pond
Road, more generally located near the northeast corner of Rock
Prairie Road and Bird Pond Road.
16-07125.
Sponsors:Bullock
Background Information
Aerial
Amendment Map
2016 9 1404 Bird Pond 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 E Estate to PDD
Planned Development District for approximately 13 acres being
situated in the Thomas Caruthers league, abstract no. 9, College
Station, Brazos County, Texas, said tract being the remainder of a
called 26.25 acre tract of land as described as tract 2 by a partition
deed to John Patton Atkins recorded in volume 394, page 796 of
the deed records of Brazos County, Texas, generally located at
1404 Bird Pond Road, generally located near the northeast corner
of Rock Prairie Road and Bird Pond Road.
16-07136.
Page 5 College Station, TX Printed on 11/4/2016
November 10, 2016City Council Regular Meeting Agenda - Final
Sponsors:Bullock
Background Information
Aerial and Small Area Map (SAM)
E-PDD 13 ac Bird Pond 5 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 SC Suburban
Commercial to PDD Planned Development District for
approximately 6.89 acres being situated in the McGill Subdivision,
Lot 1, Block 1 recorded in Volume 11610, Page 121 of the deed
records of Brazos County, Texas, generally located at 2381 Earl
Rudder Freeway South, more generally located North of Raintree
Drive along Earl Rudder Freeway South.
16-07207.
Sponsors:Bombek
Background
Aerial and Small Area Map
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 15, “Impact Fees,” of
the Code of the City of College Station, Texas, providing for
roadway impact fees within the City.
16-07248.
Sponsors:Gibbs
Roadway Impact Fees OrdinanceAttachments:
Public Hearing, presentation, possible action, and discussion on 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 GS General Suburban to GC
General Commercial for approximately 1.229 acres being Lots 1, 2,
3, 4, 7, 8, and 10, Block 18, of College Hills Estates 4th Installment,
according to the plat thereof recorded in Volume 104, Page 243 of
the Deed Records of Brazos County, Texas, and located at 100,
102, 104, 106, 112, and 204 George Bush Drive East.
16-07269.
Sponsors:Prochazka
Aerial & Small Area Map
Background
Ordinance
Attachments:
Page 6 College Station, TX Printed on 11/4/2016
November 10, 2016City Council Regular Meeting Agenda - Final
10. 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
I certify that the above Notice of Meeting was posted at College Station City Hall,
1101 Texas Avenue, College Station, Texas, on November 4, 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 7 College Station, TX Printed on 11/4/2016
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0729 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:11/1/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion of minutes for:
·October 27, 2016 Workshop
·October 27, 2016 Regular Meeting
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:WKSHP102716 DRAFT Minutes
RM102716 DRAFT Minutes
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of minutes for:
•October 27, 2016 Workshop
•October 27, 2016 Regular Meeting
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Approval
Summary: None
Budget & Financial Summary: None
Attachments:
•October 27, 2016 Workshop
•October 27, 2016 Regular Meeting
College Station, TX Printed on 11/4/2016Page 1 of 1
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WKSHP102716 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
OCTOBER 27, 2016
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham, absent
City Staff:
Kelly Templin, City Manager
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Ian Whittenton, Records Management Administrator
Yvette Dela Torre, Deputy Local Registrar
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 27, 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, and §551.074-Personnel, the College Station City Council convened into Executive
Session at 3:01 p.m. on Thursday, October 27, 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
WKSHP102716 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 east of the Texas 6 Frontage Road and north of and adjacent to
Harvey Road in College Station, Texas.
C. Deliberation on the appointment, employment, reassignment, duties, discipline, or dismissal of
a public officer; to wit:
City Municipal Judge
City Manager
The Executive Session adjourned at 5:39 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 2h, 2l, 2o, and 2p were pulled for clarification.
2h: Donald Harmon, Director of Public Works, clarified the need for the agreement and stated that
this type of agreement with CSISD is common.
2l: Jeff Kersten, Assistant City Manager, clarified the need for the yearly authorization of funds to
the Aggieland Humane Society.
2o: Lance Simms, Director of Planning and Development Services, gave information on the Texas
Department of Transportation policy for the designation of roadways, the need for the resolution
in support of designation by the City, and on the origin of the name of this particular roadway.
2p: Lance Simms, Director of Planning and Development Services, gave clarification on the need
to update the fees for development applications and permits.
5. Presentation, possible action, and discussion regarding the possible implementation of
Roadway Impact Fees.
Alan Gibbs, City Engineer, provided information on the projected funding needs for roadways, the
projected funding deficit, how the different options of proposed fees would impact that deficit, and
who is exempt from those impact fees. He also noted that a Public Hearing and formal action on
Roadway Impact Fees has been advertised for November 10.
Jeff Kersten, Assistant City Manager, provided information about other funding sources for capital
projects and maintenance.
WKSHP102716 Minutes Page 3
Natalie Ruiz, Economic Development Director, provided information on providing economic
incentives to offset these fees.
OPTIONS
BY YEAR
Option 1
Recommended
Option 2 Option 3
Year 1 $1,500 / SF $0 / SF $500 / SF
Year 2 $1,500 / SF $750 / SF $1,000 / SF
Year 3+ $1,500 / SF $1,500 / SF $1,000 / SF
Res: $375/VM
Non-Res: $80/VM
Res: $375/VM
Non-Res: $80/VM
Res: $247/VM
Non-Res: $80/VM
Council provided direction to pursue option 2 with a start date of January 2, 2018.
6. Presentation, possible action, and discussion of a roadway maintenance fee.
Aubrey Nettles, Special Projects Coordinator, stated that Council approved a roadway
maintenance fee in the FY 2016-2017 budget and briefed the Council on the draft roadway
maintenance ordinance and fee structure options.
Trey Shanks and Eddie Haas, with Freese and Nichols, provided information on the methodology
used to design and apply the fee structure.
Example Property Option 1 Option 2
Residential
Single Family House $7.78 $7.52
Multifamily Apartment unit $6.10
Non-Residential
NR Tier I Car Wash $17.23 $17.23
NR Tier 2 Bank (1 Drive-in Lane) $38.71 $38.71
NR Tier 3 Mini Storage $74.71 $74.71
NR Tier 4 Fast Food Restaurant $152.39 $152.39
NR Tier 5 Grocery Store $250.00 $250.00
Council provided direction to pursue option 1, provide exemptions for CSISD and Texas A&M
University, and include an appeals process.
Workshop was recessed at 7:04 pm
WKSHP102716 Minutes Page 4
Workshop was reconvened at 9:32 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 following 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.
Councilmembers Shultz, Mooney, and Mayor Berry reported on the Research Valley Partnership.
Councilmember Nichols reported on the Convention and Visitors Bureau and Chamber of
Commerce.
Councilmember Brick reported on the Transportation and Mobility Committee and the Chamber
of Commerce.
Councilmember Aldrich reported on Chamber of Commerce and the Texas Aggies Go To War
which is now a non-profit, From Bastogne to Texas.
10. Adjournment
There being no further business, Mayor Berry adjourned the workshop of the College Station City
Council at 9:39 p.m. on Thursday, October 27, 2016.
WKSHP102716 Minutes Page 5
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
FBT/ Texas aggies go to war
RM102716 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
OCTOBER 27, 2016
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham, absent
City Staff:
Kelly Templin, City Manager
Carla Robinson, City Attorney
Chuck Gilman, Deputy City Manager
Ian Whittenton, Records Management Administrator
Yvette Dela Torre, Deputy Local Registrar
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 7:16 p.m. on Thursday, October 27, 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.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Shultz, the City Council voted six (6) for and none (0) opposed, to approve the absence request
from Councilmember Benham. The motion carried unanimously.
Proclamation proclaiming November 7th through 11th as Municipal Court Week.
Mayor Berry presented the proclamation marking November 7 – 11 as Municipal Court Week to
Judge Ed Spillane, Court Operations Supervisor Marie Barringer, Customer Services
RM102716 Minutes Page 2
Coordinator Shasi Smith, Collection Services Coordinator Lucy Coronilla, Deputy Court Clerk
Sherry Brown, and City Marshal Michael Lundy.
Presentation of the Conservationist of the Year Award to Dr. John Crompton.
Bill Harris, Board President; Alan Day, General Manager; Judge Tom Donald, David Strata, and
Pete Bryan, all of the Brazos Valley Groundwater Conservation District, presented the
Conservationist of the Year Award to Dr. John Crompton in recognition of the initiatives
championed by Dr. Crompton while serving on the City Council.
Recognition of the Good Neighbor Award by Keep Brazos Beautiful to the College Station
Parks & Recreation Department.
David Schmitz, Parks and Recreation Director, and Steve Richardson, Parks & Recreation
Manager, accepted the award for the Parks Department.
Recognition of two Red Cross awards to the College Station Parks & Recreation Department
Vera Solis, Pools Supervisor; Kelly Kelbly, Parks and Recreation Manager; Bridget Russel, Pool
Manager; and Gabrielle Free, Water Safety Instructor, accepted the awards for the Parks
Department.
Recognition of the Texas Amateur Athletic Federation’s Member City of the Year Award to
the College Station Parks & Recreation Department.
Ward Davis, Athletic Activities Assistant; and Gene Ballew, Recreation Supervisor, accepted the
award for the Parks Department.
Hear Visitors Comments
Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of
Specialist Scott Quentin Larson, Jr.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
October 13, 2016 Workshop Meeting
October 13, 2016 Regular Meeting
2b. 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.
2c. 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’
RM102716 Minutes Page 3
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.
2d. 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.
2e. Presentation, possible action, and discussion on Resolution 10-27-16-2e, stating that the
City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List
and Investment Strategy.
2f. Presentation, possible action, and discussion on approval of the 2016 Property Tax Roll
in the amount of $37,007,710.65.
2g. 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.
2h. 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.
2i. Presentation, possible action, and discussion regarding the approval of Resolution 10-27-
16-2i, 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.
2j. 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.
2k. Presentation, possible action, and discussion regarding approval of Resolution 10-27-16-
2k, 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.
2l. Presentation, possible action, and discussion on Resolution 10-27-16-2l, authorizing
expenditures to the Aggieland Humane Society, Inc. in the amount of $235,000.
2m. 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.
RM102716 Minutes Page 4
2n. 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.
2o. Presentation, possible action, and discussion regarding Resolution 10-27-16-2o,
supporting the designation of State Highway 47 as “Riverside Parkway”.
2p. Presentation, possible action, and discussion regarding Resolution 10-27-16-2p, updating
the fees for development applications and permits.
2q. 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.
Item 2d was pulled for consideration at a later date.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Shultz, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda,
less item 2d. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3824, 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.
Councilmember Shultz recused herself from this item.
Jennifer Paz, Planning and Development, stated that the Planning and Zoning Commission
considered this item on October 6, 2016 and voted 4-0 to recommend approval.
At approximately 7:41 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:41 p.m.
RM102716 Minutes Page 5
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Nichols, the City Council voted five (5) for and none (0) opposed, with Councilmember Schultz
recusing herself, to adopt Ordinance 2016-3824, 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. The motion carried.
2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3825, 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.
Mark Bombeck, Planning and Development, stated that the Planning and Zoning Commission
considered this item on October 20, and voted 6 – 0 to recommend approval. Staff recommends
approval.
At approximately 8:05 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:05 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Shultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3825,
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
RM102716 Minutes Page 6
generally located at the southeast corner of Wellborn Road and Harvey Mitchell Parkway South.
The motion carried unanimously.
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3826, 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.
Councilmember Shultz recused herself from this item.
Rachel Lazo, Planning and Development, stated that that this request is to rezone the subject
property from Rural to Townhouse.
The Planning and Zoning Commission considered this item on October 6th and voted 4 – 0 to
recommend approval.
At approximately 8:08 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:08 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Nichols, the City Council voted five (5) for and none (0) opposed, with Councilmember Schultz
recusing herself, to adopt Ordinance 2016-3826, 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. The motion carried.
Item #8 was taken after this item.
After Item #8 the Regular meeting was recessed at 9:05 p.m.
The Regular meeting was resumed at 9:14 p.m.
4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3828, 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.
RM102716 Minutes Page 7
Jennifer Prochazka, Economic Development Manager, stated that this request 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.
The Planning and Zoning Commission considered this item at their October 20 meeting and voted
6 – 0 to recommend approval.
At approximately 9:16 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:16 p.m.
MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember
Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3828,
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. The motion carried unanimously.
5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3829, 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.
Jennifer Prochazka, Economic Development Manager, stated that this rezoning 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.
Staff recommends approval of this rezoning. P&Z met on October 20 and voted 6 – 0 to
recommend approval.
At approximately 9:23 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:23 p.m.
RM102716 Minutes Page 8
MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember
Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3829,
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. The motion carried
unanimously.
6. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3830, 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.
Jennifer Prochazka, Economic Development Manager, reported that this amendment 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.
Staff recommends approval of this amendment. P&Z met on October 20 and voted 6 – 0 to
recommend approval.
At approximately 9:30 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:30 p.m.
MOTION: Upon a motion made by Councilmember Shultz and a second by Councilmember
Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3830,
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. The motion carried unanimously.
7. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3831, 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
RM102716 Minutes Page 9
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.
Jennifer Prochazka, Economic Development Manager, stated that this rezoning 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.
Staff recommends approval of this amendment. P&Z met on October 20 and voted 6–0 to
recommend approval.
At approximately 9:32 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:32 p.m.
MOTION: Upon a motion made by Councilmember Shultz and a second by Councilmember
Aldrich, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3831,
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. The motion
carried unanimously.
8. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3827, 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.
RM102716 Minutes Page 10
This item was taken out of order and considered immediately after Item #3 and before Item #4.
Alan Gibbs, City Engineer, reported that 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.
P&Z considered this item at the October 20 meeting and voted 6 – 0 to recommend approval.
At approximately 8:56 p.m., Mayor Berry opened the Public Hearing.
Joe Guerra, 2079 Ravenstone Loop, advised the City to go back and speak to the people of
Wellborn and bring a proposal back to Council which has their approval.
There being no further comments, the Public Hearing was closed at 8:57 p.m.
MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember
Mooney, the City Council voted two (2) for and four (4) opposed, with Mayor Berry, and
Councilmembers Mooney, Nichols, and Shultz voting against, to deny Ordinance 2016-3827,
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. The motion
failed.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Nichols, the City Council voted two (2) for and four (4) opposed, with Mayor Berry, and
Councilmembers Mooney, Nichols, and Shultz voting against, to postpone action on amending the
Comprehensive Plan for Chapter 6 - Transportation and the Bicycle, Pedestrian, and Greenwa ys
Master Plan for transportation facilities on the southwest side of the City until the first meeting in
January of 2017. The motion failed.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Berry, the City Council voted six (6) for and none (0) opposed, to approve Ordinance 2016-3827,
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 to include
only the section of Royder that curves and connects to 2154 without the other improvement shown
on the map exhibit. The motion carried unanimously.
After Item 8, the meeting was recessed before returning to item 4.
9. Adjournment.
There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council
at 9:32 p.m. on Thursday, October 27, 2016.
________________________
Nancy Berry, Mayor
RM102716 Minutes Page 11
ATTEST:
___________________________
Sherry Mashburn, City Secretary
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:216-0651 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:11/10/2016
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
Exhibits A & B
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
College Station, TX Printed on 11/4/2016Page 1 of 2
powered by Legistar™
File #:16-0651,Version:2
$450,000. The cash incentive value is estimated as follows:
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 11/4/2016Page 2 of 2
powered by Legistar™
CM 11-12
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF COLLEGE STATION AND VIASAT, INC.
This Grant Agreement (this "Agreement") is entered into by and between the CITY OF
COLLEGE STATION, TEXAS, a home-rule municipal corporation organized under the laws
of Texas (hereinafter referred to as "CITY"), and VIASAT, INC., a Delaware corporation
(hereinafter referred to as "COMPANY").
WHEREAS, CITY is authorized and empowered under applicable Texas laws pertaining to
economic development to aid in the development of commercial enterprises and redevelopment
projects within the geographic boundaries of CITY and its extraterritorial jurisdiction by offering
economic and other incentives to prospective new, developing and expanding businesses
pursuant to TEXAS LOCAL GOVERNMENT CODE, Chapter 380; and
WHEREAS, CITY actively seeks economic development prospects in College Station through
participation in and establishment of an economic development program; and
WHEREAS, CITY desires to stimulate business and commercial activity in the Research Valley
Biocorridor (hereinafter referred to as the "Biocorridor") under the Joint Research Valley
Biocorridor Development Project; and
WHEREAS, COMPANY is purchasing property located within the Biocorridor to have
developed commercially for its use as a research and manufacturing site; and
WHEREAS, CITY and the City of Bryan entered into an Interlocal Cooperation and Joint
Development Agreement on December 15, 2011 (hereinafter referred to as the ("Joint
Agreement"), in which the two cities agree to revenue share an amount equal to certain ad
valorem tax revenue assessed and collected against real property, improvements and tangible
personal property developed in the Biocorridor; and
WHEREAS, CITY considers COMPANY to be a qualified economic development prospect
that will add capital investment, create new jobs in the community, promote local economic
development and stimulate business and commercial activity, thus furthering the objectives of the
City and its economic development program; and
WHEREAS, in consideration of COMPANY's operation of its business within the Biocorridor
and in accordance with the performance measures set forth herein, CITY agrees to grant to
COMPANY i ncentives as set out herein; and
WHEREAS, to ensure that the benefits CITY provides under this Agreement are utilized in a
manner consistent with TEXAS LOCAL GOVERNMENT CODE, Chapter 380 and other law,
COMPANY agrees to comply with certain conditions for receiving those benefits, including
conditions relating to property development, job creation and business operations; and
CM 11-12
WHEREAS, by letter of April 20, 2016, the chairman of The Research Valley Partnership,
Inc. ("RVP") informed COMPANY he will recommend to the Board of Directors of the RVP,
which includes representatives of CITY and the City of Bryan, to approve the incentives
proposal being implemented by this Agreement, subject to final approval and adoption by CITY
and the City of Bryan; and
WHEREAS, as of December 31, 2015, COMPANY had approximately 130 full-time
employees in the State of Texas, and COMPANY's calendar year 2015 payroll reported to the
Texas Workforce Commission for all full-time employees (some of whom were hired during
2012) was $7,600,000.00;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
promises hereinafter set forth, CITY and COMPANY (each a "Party," collectively, the
"Parties") represent and agree as follows:
Article I
Definitions
In addition to the definitions set forth in the preamble above, wherever used in this Agreement,
the following terms shall have the meanings ascribed to them:
"Affiliate" means any person or entity which directly or indirectly controls, is controlled by
or is under common control with COMPANY, during the term of such control. A person or entity
will be deemed to be "controlled" by any other person or entity if such other person or entity
(a) possesses, directly or indirectly, power to direct or cause the direction of the management
of such person or entity whether by contract or otherwise; (b) has direct or indirect ownership
of at least fifty percent (50%) of the voting power of all outstanding shares entitled to vote at
a general election of directors of the person or entity; or (c) has direct or indirect ownership of
at least fifty percent (50%) of the equity interests in the entity.
“Base Year Taxable Value” shall mean the Taxable Value for the Property for the year in which
this Agreement is executed.
“Cash Incentive” shall mean that amount of money to be reimbursed annually by CITY to
COMPANY as a grant herein expressed as a formula based upon a percentage of city ad valorem
taxes assessesed and collected for a specified year for the Property, Improvements and Tangible
Personal Property minus a portion of Shared Revenue in accordance with the terms of this
Agreement.
"COMPANY" shall mean ViaSat, Inc., a Delaware Corporation qualified to do business in the
state of Texas.
"Completion of Construction" shall mean: (i) substantial completion of the Improvements; and
(ii) a final certificate of occupancy has been issued for the all of the Improvements.
CM 11-12
"Effective Date" shall mean the date upon which this Agreement is fully executed by all
Parties, unless the context indicates otherwise.
“Fee Waiver” shall mean the cost of any and all permit fees normally assessed and collected by
CITY from a developer when constructing the Improvements but for which CITY shall waive in
accordance with the terms herein including water and sewer tap fees but excluding impact fees, as
may be applicable.
“FTE” shall mean any person who is an employee of COMPANY or an Affiliate (excluding
temporary or seasonal employees) who is on the payroll in a budgeted position and has an officially
scheduled work week of thirty-five (35) hours or more, works at the Property for COMPANY, and
who according to COMPANY or Affiliate COMPANY policy is entitled to full benefits as a full-
time employee.
“First year of Cash Incentive(s)” shall mean the first calendar year immediately following the date
of Completion of Construction.
"Force Majeure" shall mean any contingency or cause beyond the reasonable control of a Party
including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by
acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
"Gross Payroll" shall mean the sum of the payroll numbers that COMPANY or an Affiliate
reports to the Texas Workforce Commission quarterly for FTEs for the four preceding
consecutive calendar quarters ending on or prior to a date of measurement under this
Agreement.
"Improvements" shall mean the approximately 85,000 square foot facility to be constructed on the
Property and other ancillary facilities such as reasonably required parking and landscaping all
together which shall include a new real and personal property investment of twenty
million dollars ($20,000,000 ) at time of completion and have a minimum Brazos
County Central Appraisal District Property Valuation of fifteen million dollars ($15,000,000) by
January 1, 2019 and as depicted in Exhibit “A” attached hereto and made a part hereof.
"Property" means the real property comprised of approximately 8.6 acres more or less
and as depicted in Exhibit "A", not including any improvements constructed on such real
property.
"Premises" shall mean collectively, the Property and Improvements following construction
thereof, but excluding the Tangible Personal Property.
“Shared Revenue” shall mean the amount of taxes assessed and collected by CITY on the Property
and which is then shared with the City of Bryan pursuant to and as set out in the Joint Agreement.
CM 11-12
"Tangible Personal Property" shall mean tangible personal property, equipment and fixtures,
excluding inventory and supplies, owned or leased by COMPANY that is added to the
Improvements subsequent to the execution of this Agreement.
''Taxable Value" means the appraised value as certified by the Brazos Central Appraisal
District as of January 1st of a given year.
Article II
General Provisions
All of the above premises are hereby found to be true and are hereby approved and copied into
the body of this Agreement as if copied in their entirety.
COMPANY covenants and agrees that it will construct the Improvements, and operate and
maintain its business on the Premises as set forth in this Agreement, and for the time period and
manner as set forth herein.
Article III
COMPANY Obligations
3.1 Construction of Improvements. Subject to events of Force Majeure, construction of the
Improvements on the Property must commence no later than January 31, 2017 (the “Start Date”),
and COMPANY shall notify the CITY of such Start Date. There shall be Completion of
Construction, and all necessary occupancy permits from the City shall have been issued and
COMPANY shall be fully operational as set forth below in Section 3.2 by no later than April 30,
2018 in order for the City to provide Fee Waivers.
3.2 Occupancy. The COMPANY or an Affiliate of COMPANY must continuously occupy and
use the Improvements commercially as an administrative and network operations center including
customer support (i.e. billing and technical), engineering, warehouse and/or other functions
relating to COMPANY’s global technology communications business commencing upon
Completion of Construction and for each year for which there is a Cash Incentive.
3.3 Jobs Created. COMPANY currently employs 130 FTEs. By the end of the second year
following Completion of Construction of the Improvements, COMPANY agrees that it will have
created a minimum of 150 new FTEs with an average annual salary of sixty four thousand five
hundred dollars ($64,500) per job, for a minimum total of 280 FTEs which COMPANY agrees to
have and maintain on the Premises for a total of five years from the date of Completion of
Construction of the Improvements throughout the term of this Agreement. In addition to the
current annual pay roll of seven million six hundred thousand dollars ($7,600,000), COMPANY
agrees that by the end of the second year following Completion of Construction of the
Improvements, it will increase the annual pay roll by nine million six hundred thousand dollars
($9,600,000) for a total annual pay roll of seventeen million two hundred thousand dollars
($17,200,000) according to the Texas Workforce Commission records for full time employees of
COMPANY at the Premises. This payroll increase must be achieved and maintained in
conjunction with the creation and maintenance of jobs as recited herein.
CM 11-12
3.4 COMPANY Reimbursement and waiver of Cash Incentives.
a. If COMPANY does not have timely Completion of Construction and/or fails to occupy
the Premises in accordance with Sections 3.1 and 3.2 of this Agreement, COMPANY agrees to
reimburse CITY the cash value of all Fee Waivers the CITY has provided to the COMPANY
hereunder excluding any reimbursement payments previously made by the COMPANY. The
COMPANY shall also reimburse the CITY for any and all reasonable attorney’s fees and costs
incurred by the CITY as a result of any action required to obtain reimbursement of funds. Such
reimbursement shall be due and payable 120 days after the COMPANY receives written notice of
default accompanied by copies of all applicable invoices.
b. COMPANY herein waives payment of any Cash Incentives for any year in which it fails
to continuously have, operate and maintain the Improvements in accordance with this Agreement,
including maintaining the minimum required appraised value, FTEs, operating in the manner
represented herein, and being and staying operational and to reimburse CITY for any Cash
Incentives made in contravention of the terms of this Agreement.
3.5 Reporting Requirement.
(1) While this Agreement is in effect, annually within 60 days following the anniversary
date of the Effective Date of this Agreement, the COMPANY will certify to the CITY that it has
complied with the terms of this Agreement and provide sufficient written information, records,
and documents, to support its certification of compliance. Additionally, COMPANY agrees to
report whether the required jobs to be created and maintained in accordance with this Article have
been met b y the end of the second year following Completion of Construction of the
Improvements, and every year thereafter that this Agreement is in effect, as certified by a Certified
Public Accountant at COMPANY’s expense, and signed by a legally authorized executive of the
COMPANY.
(2) COMPANY further agrees to provide documentation, including, but not limited to,
Texas Workforce Commission quarterly reports, demonstrating that COMPANY met the
employment and job creation targets for the preceding year when required.
(3) Upon the City’s written request, the COMPANY will promptly provide to the City
any additional information reasonably necessary for the City to determine if the COMPANY has
complied with this Agreement.
(4) The COMPANY will allow the City reasonable access to the Property during regular
business hours to inspect the Property and Improvements to verify that COMPANY is complying
with the terms of this Agreement.
3.6 Compliance with applicable law. The Property and the Improvements constructed thereon at
all times shall be constructed, operated and used in the manner (i) that is consistent with CITY's
Code of Ordinances, as amended, including its Uniform Development Code; (ii) that is in
accordance with all applicable state and local laws, codes, and regulations; and (iii) that, during
the period Cash Incentives are provided hereunder, is in accordance with the Joint
Agreement and consistent with the general purposes of encouraging development or
redevelopment within the Biocorridor.
CM 11-12
3.7 Ownership. COMPANY agrees to have it or one of its Affiliates continuously occupy and
conduct operations on the Premises for a period of at least seven (7) years from the Effective Date
in the manner set forth in this Agreement. COMPANY may sell, assign or otherwise transfer the
Property to a third party to develop and/or to act as landlord of COMPANY. In such event CITY
consent shall not be required provided COMPANY continues to occupy and operate the Premises
within the time and in the manner as set forth in this Agreement.
3.8 Disclosure Requirements. When applicable, COMPANY agrees to comply with all applicable
disclosure requirements, including those under Section 2252.908 Texas Government Code when
entering into a contract that requires approval of the governing body of the CITY unless falling
within certain exceptions, and Chapter 176 Texas Local Government Code for vendor disclosure
requirements for certain business relationships with local government officers or their family
members.
Article IV
CITY’s Obligations
4.1 Fee Waiver. As an incentive for COMPANY to cause the construction of and occupy the
Premises as set forth in this Agreement, CITY shall provide Fee Waivers for CITY permit fees
that would otherwise be charged COMPANY and/or its representatives relating to the
Improvements on the Property; provided COMPANY has met its most recent reporting
requirement, is timely operational, and provided COMPANY is not otherwise in default of this
Agreement.
4.2 Fast Tracking. CITY agrees to expedite by fast tracking the process for COMPANY to obtain
any and all necessary CITY permits related to the Improvements.
4.3 Cash Incentive.
a. Subject to the terms and conditions of this Agreement, and provided that the
combined Taxable Value for the Improvements, Property and Tangible Personal Property is at
least Fifteen Million Dollars ($15,000,000.00) additional value above Base Year Taxable Value
beginning January 1st of the First Year of Cash Incentives and as of January 1st of each year
thereafter this Agreement is in effect, CITY hereby grants an annual Cash Incentive to
COMPANY in the following amounts expressed as a percentage of city ad valorem taxes it
assessed, paid and which are not contested minus a percentage of Shared Revenue:
Year
First Year of Cash Incentives
Annual Cash Incentive
$ 80% - 80% Shared Revenue
Year 2 $ 60%- 60% Shared Revenue
Year 3 $ 40%-40% Shared Revenue
Year 4 $ 30%- 30% Shared Revenue
Year 5 $ 20%-20% Shared Revenue
Year 6 $ 10%- 10% Shared Revenue
CM 11-12
b. The total amount of Cash Incentive will in no event exceed a total of four hundred fifty
thousand dollars ($450,000.00), at which time CITY’s obligation to grant Cash Incentives to
COMPANY ends.
c. CITY will remit the annual Cash Incentive to COMPANY no later than October 31st
beginning with the First Year of Cash Incentive COMPANY meets all the requirements entitling
it to such payment.
d. During the period of the Cash Incentives herein authorized, COMPANY shall be subject
to all taxation, including but not limited to, sales tax and ad valorem taxation; provided this
Agreement does not prohibit COMPANY from claiming any exemptions from tax provided by
applicable law.
4.4 Right to offset. CITY may, at its option, offset any amounts due and payable under this
Agreement, including Cash Incentive payments, against any debt (including taxes) lawfully due
to CITY from COMPANY, regardless of whether the amount due arises pursuant to the terms
of this Agreement or otherwise, and regardless of whether or not the debt due CITY has been
reduced to judgment by a court; provided, however (i) CITY shall provide COMPANY notice
within thirty (30) days of determining that any debt is believed lawfully due to CITY from
COMPANY; (ii) COMPANY shall have an opportunity to resolve or pay such debt to CITY
within thirty (30) days after receipt of notice before any offset to amounts payable under this
Agreement may occur; and (iii) COMPANY retains all rights to timely and properly contest
whether or in what amount any debt is owed to CITY, and CITY may not offset any asserted
amount of debt owed by COMPANY against amounts due and owing under this Agreement
during any period during which COMPANY is timely and properly contesting whether such
amount of debt is due and owing.
Article V
Conditions Precedent
5.1 CITY’s obligations under this Agreement are contingent upon the purchase of the Property by
the COMPANY or its assignee who will act as COMPANY’s landlord for the Property, by
December 31, 2016 in accordance with that one certain Purchase and Sale Agreement a copy of
which is attached hereto and made a part hereof marked as Exhibit “B.” Likewise, COMPANY’s
obligations under this Agreement are contingent upon its purchase of the Property.
5.2 This Agreement is conditioned upon the City of Bryan approving this Agreement as required
under the Joint Agreement.
Article VI.
Term
6.1 Term. The term of this Agreement shall begin on the Effective Date and shall continue until
December 31, 2024 unless terminated sooner pursuant to the terms of this Agreement.
6.2 This paragraph is required by Chapter 2264, Tex. Gov. Code and governs over any conflicting
provisions of this Agreement. The COMPANY will not knowingly employ undocumented workers
CM 11-12
as that term is defined in Section 2264.001, Tex. Gov. Code. If the COMPANY is convicted of a
violation under 8 U.S.C. Section 1324a (f), the conviction is a breach of this Agreement and the
City Manager of the CITY will send COMPANY written notice that the COMPANY has violated
this paragraph and that the Agreement terminates 30 days from the date of the notice.
Article VII
Default
7.1 If COMPANY defaults in any term or condition of this Agreement, then CITY shall not
be obligated to provide Fee Waivers or Cash Incentives for that year in which the default
occurred.
7.2 CITY shall give to COMPANY notice of any default. To the extent a default may be
cured, COMPANY shall have the right, but not the obligation, to cure the default within thirty
(30) days of receiving written notice from CITY. If the default cannot reasonably be cured
within a thirty (30) day period, and COMPANY has diligently pursued such remedies as shall
be reasonably necessary to cure such default, then CITY shall extend for a reasonable additional
length of time the period in which the default must be cured. If COMPANY fails to cure the
default within the time provided as specified above or, as such time period may be extended,
then CITY at its sole option shall have the right to terminate this Agreement with respect to
COMPANY, by written notice to COMPANY.
7.3 It is further understood and agreed by the parties that if COMPANY is convicted of a violation
under 8 U.S.C. Section 1324a(f), COMPANY will reimburse CITY the full amount paid to the
COMPANY pursuant to this Agreement, with interest at the rate equal to the 90 day Treasury Bill
plus ½% (.005) per annum, within 120 days after the CITY notifies the COMPANY of the
violation.
7.4 The COMPANY’s obligation to reimburse the CITY payments made to COMPANY if the
COMPANY breaches this Agreement survives termination of this Agreement.
7.5 It is understood and agreed by the parties that, in the event of a default by the CITY on any
of its obligations under this Agreement, the COMPANY’s sole and exclusive remedy shall be
limited to either i) the termination of this Agreement, or ii) a suit for specific performance.
Article VIII
Miscellaneous
8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail,
return receipt requested, addressed to the Party at the address set forth below or on the day
actually received as sent by courier or otherwise hand delivered:
CM 11-12
If intended for CITY, to: With a copy to:
Attn: City Manager Attn: City Attorney
City of College Station, Texas City of College Station, Texas
P.O. Box 9960 P.O. Box 9960
College Station, Texas 77842 College Station, Texas 77842
If intended for COMPANY, to:
Attn: Director of Real Estate
ViaSat, Inc.
6155 El Camino Real
Carlsbad, CA 92009
8.2 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein
is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable, and shall be read as if the Parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
8.3 Governing Law. This Agreement shall be governed by the laws of the State of Texas without
regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be
the State District Court of Brazos County, Texas. The Parties agree to submit to the personal and
subject matter jurisdiction of said court.
8.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an Original and constitute one and the same instrument.
8.5 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto,
superseding all oral or written previous and contemporary agreements between the Parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be
modified without written agreement of the Parties to be attached to and made a part of this
Agreement.
8.6 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
8.7 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties
to it and their respective heirs, executors, administrators, legal representatives, successors, and
permitted assigns. This Agreement may not be assigned by COMPANY (except to an Affiliate
of the COMPANY which shall not require prior consent of CITY) without the prior written
consent of the City Manager which consent shall not be unreasonably withheld, conditioned
or delayed.
8.8 Amendment. No amendment to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by duly authorized representatives of CITY and
COMPANY.
CM 11-12
8.9 Venue and Jurisdiction. Performance and all matters related thereto shall be in Brazos
County, Texas, United States of America, and this Agreement shall be construed in accordance
with Texas law.
8.10 Authority to Contract. Each Party has the full power and authority to enter into and perform
this Agreement, and the person signing this Agreement on behalf of each Party has been properly
authorized and empowered to enter into this Agreement. The persons executing this Agreement
hereby represent that they have authorization to sign on behalf of their respective corporations.
8.11 No Debt. Under no circumstances shall the obligations of CITY hereunder be deemed to
create any debt within the meaning of any constitutional or statutory provision; provided, however,
CITY agrees during the term of this Agreement to make a good faith effort to appropriate funds
each year to pay amounts under this Agreement for the then ensuing fiscal year.
8.12 Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, shall in
no way constitute a waiver of that provision, nor in any way affect the validity of the Agreement,
any part hereof, or the right of the Party thereafter to enforce each and every provision hereof. No
term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in
writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver
of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent
breach.
8.13 Construction. The Parties acknowledge that each Party and its counsel have reviewed and
revised this Contract and that the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting Party shall not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto.
Exhibits:
Exhibit “A” Legal description of the Property
Exhibit “B” Purchase and Sale Agreement for the Property
SIGNATURES ON THE FOLLOWING PAGE
CM 11-12
VIASAT, INC. CITY OF COLLEGE STATION
By: By:
Printed Name: Mayor
Title: Date:________________
Date:
ATTEST:
City Secretary
Date:_____________
APPROVED:
City Manager
Date:_____________
City Attorney
Date:_____________
Assistant City Manager/CFO
Date:_____________
12 0:\15 ECONOMIC DEVELOPMEN1\Kalon \Kalon EDA 2 04 29 14.docx
12 0:\15 ECONOMIC DEVELOPMEN1\Kalon \Kalon EDA 2 04 29 14.docx
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California
County of _______________
On _____________ before me, _________________, personally appeared _____________,
_______________ of ViaSat, Inc., a Delaware corporation, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________ (Seal)
12 0:\15 ECONOMIC DEVELOPMEN1\Kalon \Kalon EDA 2 04 29 14.docx
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared NANCY BERRY,
Mayor of the CITY OF COLLEGE STATION, a Texas home rule municipal corporation,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that s he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office on this the day of , 2016.
Notary Public in and for the State of Texas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT "B"
REAL ESTATE CONTRACT - EXECUTED
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0702 Name:Greens Prairie Substation Ring Bus Modifications
and Transformer No. 2 Relocation
Status:Type:Contract Consent Agenda
File created:In control:10/18/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion regarding approval of a contract between the City of
College Station (COCS) and Saber Power Services in the amount of $2,986,103.45 for the purpose of
modifying the ring bus and relocating transformer number 2 at Greens Prairie Substation.
Sponsors:Timothy Crabb
Indexes:
Code sections:
Attachments:Bid Tab
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a contract between the City of
College Station (COCS) and Saber Power Services in the amount of $2,986,103.45 for the purpose
of modifying the ring bus and relocating transformer number 2 at Greens Prairie Substation.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s):
Staff recommends approval of the contract.
Summary:
The Greens Prairie Substation is a joint use substation site with Bryan Texas Utilities (BTU)located
off old Arrington Road.The COCS portion of this substation was built in 1995 and was designed as a
radial tap with two substation transformers off the ring bus,which has led to multiple outage of both
transformers in the recent past due to the configuration of this substation.The substation design also
does not provide fire protection to meet current standards for these transformers with either a wall or
proper spacing.COCS has worked with McCord Engineering to redesign the COCS portion of this
substation to separate the transformers on the ring bus and to move transformer number 2 to a new
location.This project was then bid out for construction.On September 29,2016,seven (7)sealed
bids were received and opened in response to Bid #17-001.These bids were evaluated and the bid
submitted by Saber Power Services was found to be the lowest bid in full compliance with the bid
requirements. Staff recommends the approval of this contract in the amount of $2,986,103.45.
Reviewed and Approved by Legal: Yes
Budget & Financial Summary:
College Station, TX Printed on 11/4/2016Page 1 of 2
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File #:16-0702,Version:1
Budget for this project is included in the Electric Capital Improvement Projects Fund.
Attachments:
Bid Tab #17-001
College Station, TX Printed on 11/4/2016Page 2 of 2
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Bid Schedule (Continued)
Group Group Description Saber Power
Chapman
Construction2
3-Phase Line
Construction1
Malone &
Associates
Ernest P. Breaux
Electrical Brandt Industrial
A Structures 86,124.82 76,483.84 130,680.58 67,872.71 66,650.00 98,312.44
B Three Pole Group Operated Air Break Switches and
Accessories 62,744.30 46,279.66 90,195.00 99,100.89 64,000.00 62,052.05
C Surge Arresters 24,769.56 18,821.91 41,877.00 25,295.58 19,950.00 37,971.99
D Single Pole Disconnect Switches 43,457.22 41,123.70 57,492.00 29,375.10 40,950.00 67,249.80
E 145 kV Gas Circuit Breakers and/or Circuit Switchers 215,030.45 212,100.02 252,695.00 246,480.70 231,880.00 234,260.54
F Vacuum Substation Circuit Breakers and/or Reclosers 218,606.76 214,777.85 252,695.00 218,162.59 231,260.00 229,774.87
G Meters, Relays, and Instrument Transformers 248,511.25 211,126.01 284,103.00 289,966.49 257,580.00 298,220.20
H Transformers 884,836.13 880,946.68 880,871.00 981,206.81 918,718.00 959,343.11
J Communications and Supervisory Control Equipment 70,551.47 13,156.98 13,798.00 26,982.05 97,450.00 37,402.91
K Conduit, Cabling and Wiring Modifications 386,563.01 172,250.52 174,850.00 206,316.43 409,000.00 235,363.18
L Foundations 206,265.50 345,923.22 268,508.00 154,249.10 476,550.00 238,900.78
M Site Preparation 220,602.13 320,647.11 259,066.55 325,683.60 481,122.00 949,726.11
O Station Grounding 49,627.33 22,309.44 84,726.00 68,237.27 210,000.00 46,732.63
P Substation Electrical Control Enclosure 67,950.63 40,882.28 38,580.00 23,954.82 36,950.00 84,618.98
R Acceptance Testing 95,203.35 250,070.26 180,664.67 267,046.83 228,940.00 333,669.61
Z Miscellaneous Equipment 105,259.54 121,638.34 163,690.00 199,933.09 128,000.00 176,222.98
2,986,103.45 2,988,537.82 3,174,491.80 3,229,864.06 3,899,000.00 4,089,822.18
5% Bid Bond Included Yes Yes Yes Yes Yes Yes
Addendums Included 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4
Foot Notes
1
2 Bid price for Item K-2.2 $0.00. Acceptable only if Bidder agrees to hold price to $0.00.
Price adjusted due to rounding or addition problems.
Items J-700 and J-900 are duplicate units to Items G-700 and G-900. Items J-700 and J-900 have been changed to $0.00 for all Bidder's for the evaluation. Chapman Construction already had
bid $0.00 for these items.
CITY'S MODIFIED BID SUMMARY
BID SCHEDULE GREENS PRAIRIE SUBSTATION
GRAND TOTAL BID - ALL GROUPS
RING BUS MODIFICATIONS AND TRANSFORMER NO. 2 RELOCATION
Exception taken to the Standard Form of Agreement Liquidated Damages, Warranty, Payment to Subcontractors, Indemnity, Release and Insurance. This is not acceptable. Bid price includes
spreading excess soil on site. This is not acceptable. Bid price is not firm on Item B-222. This is not acceptable. Bid price for Item L-131 is listed as $0.00. The City of College Station cannot
accept these exceptions, so the bid has been deemed non-conforming and non-responsive.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0705 Name:Bee Creek Sanitary Sewer Line
Status:Type:Contract Consent Agenda
File created:In control:10/24/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion regarding construction contract 17300010 with Elliott
Construction, LLC, in the amount of $4,576,851 for Phase 2 of the Bee Creek Sanitary Sewer Trunk
Line Rehabilitation.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:17-003 Bid Tabulation
Bee Creek Sewer Trunk Line - Project Location Map
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding construction contract 17300010 with Elliott Construction, LLC, in
the amount of $4,576,851 for Phase 2 of the Bee Creek Sanitary Sewer Trunk Line Rehabilitation.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of this construction contract.
Summary: This project includes the installation of approximately 2,000 linear feet of 60-inch and 4000 linear feet of 54-inch
sanitary sewer main along Bee Creek from Carter’s Creek Wastewater Treatment Plant to west of State Highway 6. This is
the second of four phases to replace the Bee Creek Trunk Line which runs from Carters Creek Wastewater Treatment Plant
to approximately 1,100 feet west of Jones Butler Road.
Much of the existing Bee Creek Trunk line was constructed in 1973 and was shown to have several surcharging line
segments in the 2011 Wastewater Master Plan prepared by HDR, Inc. This project will install a gravity line to increase the
system capacity of the Bee Cree Trunk Line to accept the ultimate build-out demand anticipated.
Budget & Financial Summary: A budget of $14,295,000 is included for this project in the Wastewater Capital Improvement
Projects Fund. This budget is for all four phases of the project. Phase 1 is complete and this construction contract for phase
2 is within the amount estimated and included in the project budget for construction.
Attachments:
1.Construction Contract No. 17300010 - On File in City Secretary’s Office
2.Bid Tabulation ITB #17-003
3.Project Location Map
College Station, TX Printed on 11/4/2016Page 1 of 2
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File #:16-0705,Version:1
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City of College Station - Purchasing Division
Bid Tabulation for #17-003
"Bee Creek Sanitary Sewer Trunk Line Rehabilitation - Phase 2"
Open Date: Friday, October 7, 2016 @ 2:00 p.m.
1
Item No.Quantity Unit Item Description Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 1 LS Mobilization $255,000.00 $255,000.00 $367,000.00 $367,000.00 $400,000.00 $400,000.00 $300,000.00 $300,000.00 $200,000.00 $200,000.00
2 1 LS Traffic Control $15,000.00 $15,000.00 $20,150.00 $20,150.00 $12,000.00 $12,000.00 $7,500.00 $7,500.00 $20,000.00 $20,000.00
3 8 AC Clearing and Grubbing $5,000.00 $40,000.00 $5,680.00 $45,440.00 $7,000.00 $56,000.00 $5,500.00 $44,000.00 $10,000.00 $80,000.00
4 1 LS Erosion and Sedimentation Control $35,000.00 $35,000.00 $28,300.00 $28,300.00 $40,000.00 $40,000.00 $13,900.00 $13,900.00 $38,000.00 $38,000.00
5 7,226 LF Trench Safety $4.00 $28,904.00 $0.10 $722.60 $1.00 $7,226.00 $1.00 $7,226.00 $0.01 $72.26
6 1 LS Bypass Pumping $65,000.00 $65,000.00 $102,000.00 $102,000.00 $50,000.00 $50,000.00 $296,500.00 $296,500.00 $125,000.00 $125,000.00
SEWER LINE DEMOLITION
7 1 EA Remove 8" DIP Aerial Crossing $2,500.00 $2,500.00 $363.00 $363.00 $6,500.00 $6,500.00 $1,900.00 $1,900.00 $10,000.00 $10,000.00
8 1 EA Remove 27" DIP Aerial Crossing $2,500.00 $2,500.00 $447.00 $447.00 $6,500.00 $6,500.00 $3,800.00 $3,800.00 $11,000.00 $11,000.00
9 1 EA Remove 30" DIP Aerial Crossing $2,500.00 $2,500.00 $613.00 $613.00 $6,500.00 $6,500.00 $3,800.00 $3,800.00 $12,000.00 $12,000.00
10 6 LF Remove Existing 8" Sewer Line $10.00 $60.00 $22.00 $132.00 $20.00 $120.00 $100.00 $600.00 $15.00 $90.00
11 7 LF Remove Existing 10" RCP SS $10.00 $70.00 $23.00 $161.00 $20.00 $140.00 $90.00 $630.00 $15.00 $105.00
12 95 LF Remove Existing 24" Sewer Line $20.00 $1,900.00 $20.00 $1,900.00 $6.00 $570.00 $60.00 $5,700.00 $25.00 $2,375.00
13 80 LF Remove Existing 27" Sewer Line $20.00 $1,600.00 $21.00 $1,680.00 $6.00 $480.00 $60.00 $4,800.00 $25.00 $2,000.00
14 222 LF Remove Existing 30" Sewer Line $20.00 $4,440.00 $23.00 $5,106.00 $4.00 $888.00 $60.00 $13,320.00 $35.00 $7,770.00
15 159 LF Flowable Fill Existing 8" Sewer Line $8.00 $1,272.00 $36.00 $5,724.00 $5.00 $795.00 $50.00 $7,950.00 $8.00 $1,272.00
16 919 LF Flowable Fill Existing 27" Sewer Line $33.00 $30,327.00 $45.00 $41,355.00 $30.00 $27,570.00 $48.00 $44,112.00 $34.00 $31,246.00
17 308 LF Flowable Fill Existing 30" Sewer Line $40.00 $12,320.00 $52.00 $16,016.00 $35.00 $10,780.00 $71.00 $21,868.00 $41.00 $12,628.00
18 50 LF Remove Existing 12" Asbestos Cement Water Line $50.00 $2,500.00 $132.00 $6,600.00 $12.00 $600.00 $117.00 $5,850.00 $125.00 $6,250.00
19 79 SY Remove Existing Asphalt Pavement $10.00 $790.00 $5.50 $434.50 $10.00 $790.00 $41.00 $3,239.00 $65.00 $5,135.00
20 30 LF Remove Existing 36" Storm Sewer $20.00 $600.00 $11.50 $345.00 $6.00 $180.00 $97.00 $2,910.00 $35.00 $1,050.00
21 9 SF Remove Existing Concrete Sidewalk $25.00 $225.00 $4.50 $40.50 $12.00 $108.00 $70.00 $630.00 $45.00 $405.00
22 1 LS Demo WWTP Drainage Structure Top and Backfill w/Cement
Stabilized Sand $980.00 $980.00 $3,385.00 $3,385.00 $8,000.00 $8,000.00 $2,300.00 $2,300.00 $12,000.00 $12,000.00
23 1 LS Remove Existing 15" DIP Culvert $200.00 $200.00 $610.00 $610.00 $600.00 $600.00 $800.00 $800.00 $1,000.00 $1,000.00
Elliott Construction, LLC Huff & Mitchell, Inc.
$565,226.00Subtotal - General Items
BRH-Garver Construction,
L.P.
$669,126.00
SER Construction
Partners, LLC.
$563,612.60$438,904.00
S.J. Louis Construction of
Texas, Ltd.
$463,072.26
GENERAL
City of College Station - Purchasing Division
Bid Tabulation for #17-003
"Bee Creek Sanitary Sewer Trunk Line Rehabilitation - Phase 2"
Open Date: Friday, October 7, 2016 @ 2:00 p.m.
2
Item No.Quantity Unit Item Description Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
Elliott Construction, LLC Huff & Mitchell, Inc.BRH-Garver Construction,
L.P.
SER Construction
Partners, LLC.
S.J. Louis Construction of
Texas, Ltd.
24 14 EA Abandon Existing Sanitary Sewer Manhole $400.00 $5,600.00 $550.00 $7,700.00 $3,000.00 $42,000.00 $1,600.00 $22,400.00 $1,000.00 $14,000.00
25 4 EA Remove Existing Sanitary Sewer Manhole $700.00 $2,800.00 $300.00 $1,200.00 $900.00 $3,600.00 $3,000.00 $12,000.00 $2,750.00 $11,000.00
26 30 CY WWTP Ditch Grading & Excavation $20.00 $600.00 $34.00 $1,020.00 $35.00 $1,050.00 $190.00 $5,700.00 $35.00 $1,050.00
27 1 LS Drainage Channel Lowering (Per Sheet 9 Detail)$20,000.00 $20,000.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 $18,500.00 $18,500.00 $14,500.00 $14,500.00
28 2 EA 36" Plug $250.00 $500.00 $240.00 $480.00 $350.00 $700.00 $684.00 $1,368.00 $300.00 $600.00
29 79 SY Rock Rip Rap $80.00 $6,320.00 $71.00 $5,609.00 $65.00 $5,135.00 $198.00 $15,642.00 $57.00 $4,503.00
30 1 EA Sidewalk Crossing Structure (Per Sheet 9 Detail)$4,000.00 $4,000.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $5,347.00 $5,347.00 $5,000.00 $5,000.00
31 40 LF Remove and Replace 30" HDPE $50.00 $2,000.00 $100.00 $4,000.00 $75.00 $3,000.00 $72.00 $2,880.00 $77.00 $3,080.00
32 40 LF Remove and Replace 5'X2' RCB $80.00 $3,200.00 $600.00 $24,000.00 $250.00 $10,000.00 $286.00 $11,440.00 $376.00 $15,040.00
33 2 EA 18" 3:1 Sloped Headwall $1,300.00 $2,600.00 $1,800.00 $3,600.00 $800.00 $1,600.00 $3,100.00 $6,200.00 $2,500.00 $5,000.00
34 30 LF 18" RCP C76 Class III w/ ASTM C443 Rubber Gasket $68.00 $2,040.00 $129.00 $3,870.00 $90.00 $2,700.00 $100.00 $3,000.00 $90.00 $2,700.00
SEWER LINE
35 570 LF 66" Steel Casing Pipe by Dry Mechanical Bore (Excludes Carrier
Pipe)$1,450.00 $826,500.00 $1,589.00 $905,730.00 $1,750.00 $997,500.00 $2,200.00 $1,254,000.00 $1,250.00 $712,500.00
36 70 LF 72" Steel Casing Pipe by Open Cut (Excludes Carrier Pipe)$885.00 $61,950.00 $790.00 $55,300.00 $600.00 $42,000.00 $1,530.00 $107,100.00 $653.00 $45,710.00
37 1,996 LF 60" Dia. Fiberglass-Reinforced Polymer Mortar Pipe (SN 72)
w/Grade 4 Stone Emb.$377.00 $752,492.00 $413.00 $824,348.00 $335.00 $668,660.00 $350.00 $698,600.00 $538.00 $1,073,848.00
38 3,561 LF 54" Dia. Fiberglass-Reinforced Polymer Mortar Pipe (SN 72)
w/Grade 4 Stone Emb.$326.00 $1,160,886.00 $318.00 $1,132,398.00 $285.00 $1,014,885.00 $300.00 $1,068,300.00 $501.00 $1,784,061.00
39 595 LF 54" Dia. Fiberglass-Reinforced Polymer Mortar Pipe (SN 72)
w/Conc. Encase.$406.00 $241,570.00 $356.00 $211,820.00 $450.00 $267,750.00 $810.00 $481,950.00 $629.00 $374,255.00
40 14 LF 30" Dia. Fiberglass-Reinforced Polymer Mortar Pipe (SN 72)
w/Grade 4 Stone Emb.$303.00 $4,242.00 $225.00 $3,150.00 $600.00 $8,400.00 $390.00 $5,460.00 $217.00 $3,038.00
41 89 LF 24" Dia. Fiberglass-Reinforced Polymer Mortar Pipe (SN 72)
w/Grade 4 Stone Emb.$279.00 $24,831.00 $176.00 $15,664.00 $300.00 $26,700.00 $260.00 $23,140.00 $172.00 $15,308.00
42 14 LF 18" Dia. Fiberglass-Reinforced Polymer Mortar Pipe (SN 72)
w/Grade 4 Stone Emb.$267.00 $3,738.00 $159.00 $2,226.00 $400.00 $5,600.00 $330.00 $4,620.00 $162.00 $2,268.00
43 1 EA 54"x24" Fiberglass-Reinforced Polymer Mortar Pipe (SN 72)
Reducer $5,730.00 $5,730.00 $7,950.00 $7,950.00 $10,000.00 $10,000.00 $12,700.00 $12,700.00 $13,000.00 $13,000.00
44 549 LF 8" PVC Pipe SDR 26 $37.00 $20,313.00 $82.00 $45,018.00 $55.00 $30,195.00 $184.00 $101,016.00 $68.00 $37,332.00
45 73 LF 8" Ductile Iron Pipe $60.00 $4,380.00 $161.00 $11,753.00 $95.00 $6,935.00 $154.00 $11,242.00 $79.00 $5,767.00
Subtotal - Sewer Line Demolition Items $73,184.00
Subtotal - Storm Sewer Line Items $41,260.00
$116,721.00
$37,185.00
$158,609.00
$70,077.00
$93,812.00
$55,779.00
$141,326.00
$51,473.00
STORM SEWER LINE
City of College Station - Purchasing Division
Bid Tabulation for #17-003
"Bee Creek Sanitary Sewer Trunk Line Rehabilitation - Phase 2"
Open Date: Friday, October 7, 2016 @ 2:00 p.m.
3
Item No.Quantity Unit Item Description Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
Elliott Construction, LLC Huff & Mitchell, Inc.BRH-Garver Construction,
L.P.
SER Construction
Partners, LLC.
S.J. Louis Construction of
Texas, Ltd.
46 115 LF 8" Ductile Iron Pipe by Open Cut on Piers w/restraints $190.00 $21,850.00 $315.00 $36,225.00 $600.00 $69,000.00 $403.00 $46,345.00 $507.00 $58,305.00
47 92 LF 24" Dia. Ductile Iron Pipe (Class 200)$171.00 $15,732.00 $275.00 $25,300.00 $300.00 $27,600.00 $209.00 $19,228.00 $160.00 $14,720.00
48 118 LF 24" Dia. Ductile Iron Pipe by Open Cut on Piers w/restraints
(Class 200)$395.00 $46,610.00 $355.00 $41,890.00 $750.00 $88,500.00 $816.00 $96,288.00 $828.00 $97,704.00
49 85 LF 54" Dia. Ductile Iron Pipe on Piers w/restraints (Class 200)$1,040.00 $88,400.00 $865.00 $73,525.00 $1,550.00 $131,750.00 $1,463.00 $124,355.00 $1,260.00 $107,100.00
50 1 LS Connect to Existing Junc. Box (Sta 0+00)$6,700.00 $6,700.00 $2,875.00 $2,875.00 $15,000.00 $15,000.00 $23,600.00 $23,600.00 $37,000.00 $37,000.00
51 4 EA Fiberglass Tee Base 5' Dia Sanitary Sewer Manhole (Up to 12'
Depth)$17,385.00 $69,540.00 $10,600.00 $42,400.00 $15,500.00 $62,000.00 $16,900.00 $67,600.00 $31,000.00 $124,000.00
52 12 EA Fiberglass Tee Base 5' Dia Sanitary Sewer Manhole (Over 12'
Depth)$19,880.00 $238,560.00 $9,000.00 $108,000.00 $16,000.00 $192,000.00 $19,100.00 $229,200.00 $33,700.00 $404,400.00
53 3 EA Standard 8' Dia. Sanitary Sewer Manhole (Up to 12' Depth)$16,380.00 $49,140.00 $14,000.00 $42,000.00 $17,000.00 $51,000.00 $19,800.00 $59,400.00 $23,000.00 $69,000.00
54 2 EA Standard 5' Dia. Sanitary Sewer Manhole (Up to 12' Depth)$6,600.00 $13,200.00 $4,635.00 $9,270.00 $5,000.00 $10,000.00 $11,700.00 $23,400.00 $15,700.00 $31,400.00
55 3 EA Standard 5' Dia. Sanitary Sewer Manhole (Over 12' Depth)$7,515.00 $22,545.00 $5,560.00 $16,680.00 $7,000.00 $21,000.00 $12,700.00 $38,100.00 $16,400.00 $49,200.00
56 3 EA Standard 4' Dia. Sanitary Sewer Manhole (Up to 12' Depth)$3,200.00 $9,600.00 $2,650.00 $7,950.00 $3,000.00 $9,000.00 $8,500.00 $25,500.00 $14,100.00 $42,300.00
57 2 EA Standard 4' Dia. Sanitary Sewer Manhole (Over 12' Depth)$4,400.00 $8,800.00 $4,350.00 $8,700.00 $5,500.00 $11,000.00 $9,300.00 $18,600.00 $15,250.00 $30,500.00
58 6 EA Sanitary Sewer Manhole Vent $3,340.00 $20,040.00 $3,835.00 $23,010.00 $4,000.00 $24,000.00 $3,800.00 $22,800.00 $7,700.00 $46,200.00
59 1 EA External Drop Connection for Sanitary Sewer Manhole $1,950.00 $1,950.00 $875.00 $875.00 $2,200.00 $2,200.00 $7,600.00 $7,600.00 $5,800.00 $5,800.00
60 3 EA 8" Sewer Abandonment Plug $300.00 $900.00 $155.00 $465.00 $200.00 $600.00 $1,200.00 $3,600.00 $1,315.00 $3,945.00
61 1 EA 10" Sewer Abandonment Plug $300.00 $300.00 $275.00 $275.00 $250.00 $250.00 $1,200.00 $1,200.00 $1,320.00 $1,320.00
62 9 EA 27" Sewer Abandonment Plug $500.00 $4,500.00 $470.00 $4,230.00 $1,300.00 $11,700.00 $1,500.00 $13,500.00 $1,450.00 $13,050.00
63 3 EA 30" Sewer Abandonment Plug $500.00 $1,500.00 $500.00 $1,500.00 $1,500.00 $4,500.00 $1,300.00 $3,900.00 $1,650.00 $4,950.00
64 79 SY 2" Type D HMAC on 6" Crushed Limestone Base $110.00 $8,690.00 $55.00 $4,345.00 $70.00 $5,530.00 $160.00 $12,640.00 $120.00 $9,480.00
65 8 AC Hydromulch Seeding $1,850.00 $14,800.00 $2,100.00 $16,800.00 $1,350.00 $10,800.00 $1,600.00 $12,800.00 $3,100.00 $24,800.00
66 285 SY Block Sodding $4.00 $1,140.00 $4.75 $1,353.75 $4.00 $1,140.00 $11.00 $3,135.00 $6.00 $1,710.00
67 651 CY Cement Stabilized Sand Backfill $48.00 $31,248.00 $60.00 $39,060.00 $50.00 $32,550.00 $120.00 $78,120.00 $91.00 $59,241.00
68 1 LS 2116 Rolling Rock Pl. Sewer Service Relocation $5,130.00 $5,130.00 $3,240.00 $3,240.00 $1,300.00 $1,300.00 $3,600.00 $3,600.00 $1,600.00 $1,600.00
69 1 LS 2118 Rolling Rock Pl. Sewer Service Relocation $5,400.00 $5,400.00 $6,300.00 $6,300.00 $2,500.00 $2,500.00 $4,100.00 $4,100.00 $1,600.00 $1,600.00
City of College Station - Purchasing Division
Bid Tabulation for #17-003
"Bee Creek Sanitary Sewer Trunk Line Rehabilitation - Phase 2"
Open Date: Friday, October 7, 2016 @ 2:00 p.m.
4
Item No.Quantity Unit Item Description Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
Elliott Construction, LLC Huff & Mitchell, Inc.BRH-Garver Construction,
L.P.
SER Construction
Partners, LLC.
S.J. Louis Construction of
Texas, Ltd.
70 8 EA Sanitary Sewer Service Connection (2100-2114 Rolling Rock
Pl.) $1,430.00 $11,440.00 $1,865.00 $14,920.00 $1,500.00 $12,000.00 $1,200.00 $9,600.00 $1,600.00 $12,800.00
71 7,301 LF Post-Construction Television Inspection $3.00 $21,903.00 $2.85 $20,807.85 $5.00 $36,505.00 $3.00 $21,903.00 $3.00 $21,903.00
72 50 LF 12" PVC Water line (C-900 DR 14)$100.00 $5,000.00 $47.00 $2,350.00 $80.00 $4,000.00 $279.00 $13,950.00 $86.00 $4,300.00
73 4 EA 12"-45° Bend w/ retainer glands $450.00 $1,800.00 $390.00 $1,560.00 $700.00 $2,800.00 $760.00 $3,040.00 $1,000.00 $4,000.00
74 1 EA 12" nipple and solid sleeve $900.00 $900.00 $415.00 $415.00 $700.00 $700.00 $2,800.00 $2,800.00 $700.00 $700.00
75 1 EA 12" Gate Valve and Box $2,100.00 $2,100.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $5,200.00 $5,200.00 $3,950.00 $3,950.00
76 2 EA 12" Plug $250.00 $500.00 $300.00 $600.00 $500.00 $1,000.00 $1,150.00 $2,300.00 $500.00 $1,000.00
77 6,338 LF
4" HDPE Fiber Conduit w/4-1" SDR11 Interducts, Pull Rope,
Tape & 18 GA Tracer w/1'X1' Cement Stabilized Sand Backfill,
Min 42" Cover
$26.00 $164,788.00 $14.00 $88,732.00 $17.00 $107,746.00 $21.00 $133,098.00 $22.00 $139,436.00
78 13 EA HDPE Fiber Pull Box w/ Tier 22 Bolt Down Cover & Marker Post.$1,705.00 $22,165.00 $1,600.00 $20,800.00 $2,800.00 $36,400.00 $1,020.00 $13,260.00 $545.00 $7,085.00
A1.1 4 EA Standard 8' Dia. Pre-Cast Sanitary Sewer Manhole (Up to 12'
Depth) $14,400.00 $57,600.00 $18,000.00 $72,000.00 $17,300.00 $69,200.00 $40,000.00 $160,000.00
A1.2 12 EA Standard 8' Dia. Pre-Cast Sanitary Sewer Manhole (Over 12'
Depth) $16,115.00 $193,380.00 $25,000.00 $300,000.00 $14,500.00 $174,000.00 $45,000.00 $540,000.00
Bid Certification
Bid Bond
Addenda Acknowledged
Notes:
* Total with Alternative #1 is calculated by removing Items 51 and 52 and replacing them with items A1.1 and A1.2.
* SER Construction Partners, LLC. miscalculated the section for Sewer items. Corrected totals are highlighted in green.
* Total With Alternative #1
Subtotal - Sewer Line Items $3,826,250.00
Subtotal - Water Line Items $10,300.00
Subtotal - Fiber Optics Items $186,953.00
$5,756,102.00
Y
Y
1,2,3
$4,519,731.00
Total Base Bid
Y
$3,912,050.00
$11,500.00
$144,146.00
$4,786,828.00
$372,000.00
$4,904,828.00
Y
Y
Subtotal - Alternative #1 $250,980.00
1,2,3
$4,738,242.00
$27,290.00
$146,358.00
$5,809,702.00
$243,200.00
No Bid
$3,767,353.60
Y
$4,576,851.00
1,2,3
WATER LINE
FIBER OPTICS
Y
Y
1,2,3
$5,341,115.00
$13,950.00
$146,521.00
$6,157,457.26
$700,000.00
$6,329,057.26
Y
Y
1,2,3
$7,925.00
$109,532.00
$4,598,014.20
$0.00
Not Applicable
No Bid
ALTERNATE
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EWAYSOUTHLegend
Project Location
?>Treatment Plants
Streets
Functional Classification
FREEWAY
MAJOR ARTERIAL
MAJOR COLLECTOR
MINOR COLLECTOR
LOCAL STREET
PRIVATE STREET
ALLEY
City Limit
ETJ
Rivers
Water Features
Project Location MapBee Creek Sewer Trunk LinePhase 2±
±
Created: 10/21/2016
0 1,200 2,400 3,600 4,800 6,000300600900FeetFeet
Overview Map
DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0711 Name:Utility Rate Ordinance Modifications
Status:Type:Ordinance Consent Agenda
File created:In control:10/26/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, "Utilities"
Section 11-2, "Water and Sewer Services," of the Code of Ordinances of the City of College Station,
Texas having the effect of recognizing water and sewer utility rates and surcharges established by
contract.
Sponsors:David Coleman
Indexes:
Code sections:Sec. 11-2. - Water and sewer services.
Attachments:Ordinance
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding an ordinance amending Chapter 11,
"Utilities" Section 11-2, "Water and Sewer Services," of the Code of Ordinances of the City of College
Station, Texas having the effect of recognizing water and sewer utility rates and surcharges
established by contract.
Relationship to Strategic Goals: Financially sustainable city, and Core services and
infrastructure.
Recommendation:Staff recommends approval of the ordinance.
Summary:The attached ordinance allows water and sewer rates and surcharges to be established
by contract. This is accompanied on tonight’s agenda by a proposed modification to the Utility
Agreement with Brazos County MUD #1 (the Southern Pointe development) whereby the City’s water
and sewer customers in the District will pay a 50% surcharge in lieu of water and wastewater impact
fees.
These changes are necessary to implement the MUD #1 Utility Agreement, therefore staff
recommends approval.
Budget & Financial Summary:The proposed utility rate surcharges are estimated to
generate the same revenue as impact fees, over a 20 year period.
Attachment:Ordinance
College Station, TX Printed on 11/4/2016Page 1 of 1
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ORDINANCE NO. ___________
AN ORDINANCE AMENDING CHAPTER 11, “UTILITIES” OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION 11-
2, SUBSECTION (D)(2)(e) AND SECTION 11-2, SUBSECTION (D)(3)(k), AS SET OUT
BELOW; PROVIDING FOR CONTRACTED WATER AND SEWER SERVICE RATES,
SURCHARGES, AND FEES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 11, “Utilities” Section 11-2, Subsection (D)(2)(e) is added to the Code
of Ordinances of the City of College Station, Texas, as set out in Exhibit “A”,
attached hereto and made a part of this ordinance for all purposes.
PART 2: That Chapter 11, “Utilities” Section 11-2, Subsection (D)(3)(k) is added to the Code
of Ordinances of the City of College Station, Texas, as set out in Exhibit “A”,
attached hereto and made a part of this ordinance for all purposes.
PART 3: That all previous ordinances in direct conflict with this ordinance are hereby
superseded and repealed.
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: This ordinance shall become effective immediately upon passage.
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2016.
ATTEST: APPROVED:
______________________________ __________________________________
Sherry Mashburn, City Secretary Nancy Berry, Mayor
APPROVED:
______________________________
City Attorney
Ordinance No._____ Page 2 of 2
Exhibit A
Section 11-2. - Water and Sewer Services
D. Water and sewer rates, usage charges and fees.
(2) Rates for water service
(e) Water Services Provided Under Contract.
All customers receiving water service under contract where the water rates or surcharges or
both are addressed in the contract shall pay the rates or surcharges or both, as specified in
the contract.
(3) Rates for sewerage service
(k) Sewer Services Provided Under Contract.
All customers receiving sewer service under contract where the sewer rates or surcharges
or both are addressed in the contract shall pay the rates or surcharges or both, as specified
in the contract.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0722 Name:Fire Station Site
Status:Type:Agreement Consent Agenda
File created:In control:10/28/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion to approve an amendment to the March 12, 2016,
Agreement Designating Fire Station Site between the City of College Station and McAlister
Opportunity Fund 2012 to designate an alternate fire station site agreed to by the parties.
Sponsors:Joe Warren
Indexes:
Code sections:
Attachments:Amd fire station site agr v 2
Action ByDate Action ResultVer.
Presentation, possible action, and discussion to approve an amendment to the March 12, 2016,
Agreement Designating Fire Station Site between the City of College Station and McAlister
Opportunity Fund 2012 to designate an alternate fire station site agreed to by the parties.
Relationship to Strategic Goals: (Select all that apply)
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the proposed amendment to the Agreement
Designating Fire Station Site.
Summary: On March 12, 2016, the City entered in to an agreement with McAlister Opportunity Fund
2012.This agreement provides the city with an option to purchase a designated two (2) acres of land
for a Fire Station site in the Brazos County Municipal Utility District No. 1. The City received a request
from McAlister Opportunity Fund 2012 to amend the agreement to provide for an alternate option
site. The City Manager's Office and the Fire Department have reviewed the proposed alternate site
and find it acceptable.
Budget & Financial Summary: No Funding has been approved for this future land purchase.
Attachments: First Amendment to Agreement Designnating Fire Station Site
College Station, TX Printed on 11/4/2016Page 1 of 1
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628911
FIRST AMENDMENT TO AGREEMENT DESIGNATING FIRE STATION SITE
WHEREAS, McAlister Opportunity Fund 2012, LP (the “Developer”) and the City
of College Station, Texas (“City”) entered into a Development Agreement effective March
12, 2015 ( the “Development Agreement”) for the orderly, safe and healthful development
of the land within the boundaries of Brazos County Municipal Utilit y District No. 1 (the
“District”); and
WHEREAS, pursuant to Article V of the Development Agreement, the Developer
agreed to grant the City an option to purchase a two acre fire station site with in the
District (the “Option Site”) that will have reasonable access to the overpass located at or
near the intersection of Highway 6 and the main entrance to the District; and
WHEREAS, pursuant to Section 5.1(a) of the Development Agreement, the City
and Developer agreed to a location for the two acre Option Site in that certain Agreement
Designating Fire Station Site dated March 12, 2016 (the “Agreement”);
WHEREAS, the City and Developer now desire to amend the Agreement in order
to designate a new location for the two acre Option Site; NOW THEREFORE:
IT IS AGREED AND ACKNOWLEDGED THAT:
1. The Developer and City agree that the two acre Option Site will generally be
located at the location shown on Project No. PP2016-000014 for a
PRELIMINARY PLAN as currently submitted (the “Preliminary Plan”).
2. If the Developer’s general plan or Preliminary Plan changes, the City and
Developer will agree to an alternate two acre Option Site that meets the
requirements of Article V of the Development Agreement.
EXECUTED TO BE EFFECTIVE as of the 10th of November, 2016.
MCALISTER FUND 2012
By: _____________________________________
Name: __________________________________
Title: ___________________________________
73f7ac94-d1c4-4278-9967-8ebcaf20a9da.docx
THE CITY OF COLLEGE STATION, TEXAS
City Manager
APPROVED AS TO FORM:
City Attorney
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0708 Name:MUD1 Utility Agreement Mod 1
Status:Type:Agreement Consent Agenda
File created:In control:10/26/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion on a modification to the Utility Agreement with Brazos
County MUD #1 to include a surcharge for water and sewer service without the charge of impact fees
and other related matters.
Sponsors:David Coleman
Indexes:
Code sections:
Attachments:Amd 1 UA 11-03-16 final
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a modification to the Utility Agreement with Brazos
County MUD #1 to include a surcharge for water and sewer service without the charge of impact fees
and other related matters.
Relationship to Strategic Goals: Core Services and Infrastructure, and a Diverse Growing Economy
Recommendation:Staff recommends approval of the modification.
Summary:Approval of this item will modify the MUD #1 Utility Agreement as follows:
1.To include a surcharge for water and wastewater rates in the MUD without the charge of
impact fees.
2.To specify that City staff will recommend that City Council establish a Public Utility
Corridor across Lick Creek Park for a sewer line to the Lick Creek Wastewater Treatment
Plant. (Please note, this diversion of park land for a PUC is also on tonight’s agenda for
consideration.)
This modification will allow the Southern Pointe development to proceed, therefore staff recommends
approval.
Budget & Financial Summary:Impacts are correlated to the items above:
1.The surcharge will provide the same revenue as would impact fees, but spread over
approximately 20 years.
3.The PUC will result in zero cost to the City.
Attachment:
Modification
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FIRST AMENDMENT TO UTILITY AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
THIS FIRST AMENDMENT TO UTILITY AGREEMENT (the “First Amendment”)
made and entered into as _________________, 2016, by and between the CITY OF
COLLEGE STATION, TEXAS (the “City”), a municipal corporation and home-rule city
located in Brazos County, Texas, and BRAZOS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1, created as a body politic and corporate and a governmental agency of
the State of Texas organized under the provisions of Article XVI, Section 59 and Article
III, Section 52 of the Texas Constitution, and Chapters 49 and 54, Texas Water Code, as
amended (hereinafter the term “District” (as defined herein) .
WITNESSETH:
WHEREAS, the City and the District entered into a Utility Agreement dated May
16, 2016 (the “Agreement”) governing the financing and construction of the Facilities (as
defined in the Agreement) to serve development within the District; and
WHEREAS, the City and District now desire to amend the Agreement to include
a surcharge for water and wastewater rates to pay for certain capital costs, utility
capacity, and the construction water and wastewater lines through Lick Creek Park; and
WHEREAS, the City and the District have determined that they are authorized by
the Constitution and laws of the State of Texas to enter into this Agreement and have
further determined that the terms, provisions and conditions hereof are mutually fair and
advantageous to each; NOW, THEREFORE;
AGREEMENT
For and in consideration of these premises and of the mutual promises,
obligations, covenants and benefits herein contained, the District and the City contract
and agree as follows:
Section 1. Article I, Definitions, is hereby amended by adding the following
definition:
“Surcharge” shall mean a surcharge added by the City to a customer’s
water and/or wastewater bill to recover capital costs to provide such water and/or
- 2 -
wastewater services, which Surcharge is charged in lieu of impact fees.
Section 2. Article II, Section 2.02, is hereby amended and replaced in its entirety
with the following:
2.02. Water Distribution and Supply Facilities. The City shall provide the District
with its ultimate requirements for water production supply without the charge of impact
fees or other charges for water production capacity , except as provided in this Section
2.02 and in accordance with Section 3.03. In lieu of impact fees, the City may levy a
Surcharge of up to fifty per cent (50%) on then-current water rates for each customer in
the District to recover the capital costs of providing such services. The City shall supply
water through two water supply lines in sizes to be approved by the City, which lines
will be located at the points of connection described on the map attached hereto as
Exhibit “B” (“Water Supply Lines”). The District will pay all design, easement and
construction costs for all off-site infrastructure that is required to provide City water
service to the District and all on-site water infrastructure, unless the City requires any
oversizing to serve land outside the District, which oversizing will be funded by the City.
The District may make other points of connection to the City’s water supply system as
approved by the City engineer. The District will obtain any necessary off-site easements
to the extent required for any Water Supply Lines to serve the District.
Section 3. Article II, Section 2.03, is replaced in its entirety with the following:
2.03. Wastewater Treatment Plant Facilities. The City and the District agree that
the property located within the District is designated as part of the service area of the
Lick Creek Wastewater Treatment Plant. The City represents that it has or will have
sufficient capacity in the Lick Creek Wastewater Treatment Plant to treat wastewater in
the District that complies with the City’s ordinance(s) and regulations regarding quality
of wastewater ( as they may be amended from time to time), including without limitation
Chapter 11 of the Code of Ordinances of the City, up to the Loading Parameters (per the
2016 BCS Unified design guidelines) for an 18” sanitary sewer line at 0.20% slope, which
yields a 2,114 gallons per minute peak hour demand or 3.04 million gallons per day. If
the Lick Creek Wastewater Treatment Plant does not have sufficient capacity to meet the
requests of the District as they are made from time to time, the City agrees to make
necessary improvements, whether temporary or permanent, to meet such needs within a
reasonable time at no cost to the District and without any charge for capacity except as
charges are allowed under this Section 2.03 and in accordance with Section 3.03. The
Parties acknowledge that they must work together to assure that capacity is available as
needed and that without the participation and reasonable actions of both Parties, the City
may not be able to provide capacity on the time table requested. In lieu of impact fees
and in accordance with Section 3.03, the City may levy a Surcharge of up to fifty per cent
(50%) on then-current wastewater treatment rates for each customer in the District to
- 3 -
recover the capital costs of providing such services. The District agrees, on an annual
basis, to provide the City projections of the amount of wastewater treatment capacity that
will be needed by the District for the two upcoming years for the City to anticipate and
plan improvements needed to meet the District’s needs.
Section 4. Article II Section 2.04 is amended to add the following provisions at the
end of such section.
The District plans to construct an 18” sanitary sewer line at 0.20% slope, which
yields a 2,114 gallons per minute peak hour demand or 3.04 million gallons per day
through Lick Creek (the “Sanitary Sewer Line”), which line will be conveyed to the City
for ownership and operation upon completion. All capacity in the Sanitary Sewer Line
is hereby allocated to the District. The City agrees not to allow any other entities to
connect to the Sanitary Sewer Line without the consent of the District. If other entities
request that the City allow them to connect to the Sanitary Sewer Line on a temporary or
permanent basis, the City will refer them to the District and advise the District whether
such use will aid in efficient and effective operation of the line. The District may lease or
sell capacity in the Sanitary Sewer Line to such entity by written agreement, but in
making the decision the District agrees to take into consideration the City’s desire for the
efficient and effective operation of the line and to set commercially reasonable terms for
such lease or sale. The District will promptly provide the City with any agreement to sell
or lease capacity in the line, and the City may thereafter allow such party to connect to
the Sanitary Sewer Line, provided that nothing herein shall be construed to require the
District to lease or sell capacity in the Sanitary Sewer Line which the District reasonably
believes will be needed by the District. If the District leases capacity in the Sanitary Sewer
Line, it shall be responsible for keeping the City apprised as to the upcoming termination
of such lease so that the City can take steps to be sure such entity’s connection to the
Sanitary Sewer Line in closed as provided in the District’s agreement with such entity.
Section 5. Article II is amended by adding Section 2.06 below.
2.06. Right of Entry. All Facilities constructed by the District and conveyed
to the City shall be constructed in public easements or public rights of way, with the
exception of that portion of the water and wastewater line s that may cross Lick Creek
Park as provided in this section. The parties recognize that the Wastewater Point of
Discharge as shown on City’s Utility Plan and Exhibit “C” provides for the wastewater
line to cross through Lick Creek Park. The District has requested that the City grant the
District a right of entry to allow the District to construct the wastewater line through Lick
Creek Park and to convey the line to the City as quickly as possible so that development
may continue on the District’s currently planned schedule. Allowing construction of the
wastewater line and a water line through Lick Creek Park requires that the City follow
the process set out in Chapter 26, Texas Parks and Wildlife Code. The City agrees to take
all necessary action, including calling the required public hearings for the Sanitary Sewer
- 4 -
Line, to follow such process promptly. City staff agrees to recommend that the City allow
the construction of the water and wastewater lines crossing Lick Creek Park.
Section 6. Article III, Section 3.03 Rates and Meters is hereby amended and
replaced in its entirety with the following:
3.03. Rates and Meters. Subject to Sections 2.02 and 2.03 of the Agreement as
amended, the City shall bill and collect fees from District customers of the water and
wastewater system and shall from time to time fix such rates and charges for such
customers of the system as the City, in its sole discretion, determines are necessary;
provided that the rates and charges for services afforded by the system (before the
Surcharges for water and sewer are added) will be equal and uniform to those charged
other similar classifications of users in non-municipal utility district areas of the City. All
water and wastewater revenues as well as the Surcharges from the District customers
shall belong exclusively to the City. The City shall be responsible for providing and
installing any necessary meters for the individual customers after the City’s service and
connection fees are paid by the builder or developer. The City intends to impose the
Surcharge for no longer than needed to the capital costs associated with providing
services under this Agreement, which will be dependent on the water and sewer
demands and completion of build out of the District as well as revision of water and
wastewater rates from time to time.
Section 7. The terms of this First Amendment affect only the sections as
described herein. Except as explicitly stated herein and modified by this First
Amendment, all the terms of the Agreement shall remain in full force and effect.
Section 8. The provisions of the Agreement and the Amendment should be read
together and construed as one agreement, provided that in the event of any conflict or
inconsistency between the provisions of this First Amendment and the Agreement, the
provisions of this First Amendment shall control.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of equal dignity, on this ____ day of _____ 2016.
THE CITY OF COLLEGE STATION, TEXAS
- 5 -
Mayor
ATTEST/SEAL:
City Secretary
APPROVED AS TO FORM:
City Attorney
- 6 -
BRAZOS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1
By:
President, Board of Directors
ATTEST:
By:
Secretary, Board of Directors
(SEAL)
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0728 Name:Roadway Maintenance Fee Ordinance
Status:Type:Ordinance Consent Agenda
File created:In control:10/31/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion regarding the approval of a roadway maintenance fee
ordinance.
Sponsors:Aubrey Nettles
Indexes:
Code sections:
Attachments:20161019_Draft_CS_RoadwayUserFeeOrdinance CAR revisions (3)
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the adoption of an ordinance establishing a
roadway maintenance fee.
Relationship to Strategic Goals:
Financial Sustainability
Core Services and Infrastructure
Improving mobility
Recommendation(s):Staff recommends adoption of the roadway maintenance fee ordinance.
Background &Summary:The results of the 2016 Citizen Survey suggests our citizens prefer to see
additional resources invested in the area of street maintenance.As part of the 2016 budget process
staff investigated and evaluated alternative funding sources to help fund the needed maintenance.A
roadway maintenance fee is one of the tools considered.After completing a detailed evaluation of
various funding options,staff is recommending the implementation of a roadway maintenance fee.
Roadway maintenance fees are paid by citizens and businesses,based on their reasonably equitable
share in the total number of vehicle miles generated by all properties within the city limits.The fee will
be a monthly charge added to users’utility bill.The Fee for single family is $7.78 per month,for multi-
family is $6.10 per month and the fee for commercial ranges from $17.23 to $250.00 per month.
Budget &Financial Summary:The fee will result in an annual revenue generation of approximately
$4.5 million.
Attachments:Proposed Road Maintenance Fee Ordinance
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ORDINANCE NO. ___________
AN ORDINANCE AMENDING CHAPTER 11, “UTILITIES” OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW
SECTION 11-14 ESTABLISHING A ROADWAY MAINTENANCE FEE AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
RECITALS:
WHEREAS, the College Station City Council finds, determines, and declares that in order
to protect the citizenry from the deterioration of the quality and safety of the Road System that
they rely upon and use on a regular basis, it is necessary and in the best interest of the public health
and safety to establish a Roadway Maintenance Fee in order to provide a properly maintained Road
System; and
WHEREAS, the College Station City Council finds, determines, and declares that it is fair
and reasonable for all developed real property within City Limits using the Road System
(Benefitted Properties) to pay an equitable and pro rata portion of the costs to maintain the Road
System; and
WHEREAS, the College Station City Council will establish a Roadway Maintenance Fee,
subject to the limitations of the state law, and the City shall provide an efficient, reliable Road
System within the City Limits on the payment of such fees; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 11, “Utilities”, of the Code of Ordinances of the City of College
Station, Texas, be amended by adding a new Section 11-14 as set out in Exhibit
“A”, attached hereto and made a part of this Ordinance for all purposes.
PART 2: That the facts and recitations contained in the preamble of this Ordinance are hereby
declared to be true and correct and are incorporated by reference herein and made
a part hereof, as if copied verbatim.
PART 3: That if any provisions of any section of this Ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this Ordinance, which shall remain in full force and effect.
PART 4: That any person, firm, corporation or entity 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 that Twenty-five Dollars ($25.00) nor more than
Five Hundred Dollars ($500.00). Each day such violation shall continue, shall be
deemed a separate offense. Said Ordinance becomes January 1, 2017.
PASSED, ADOPTED and APPROVED this 10th day of November 2016.
ATTEST: APPROVED:
____________________________ ____________________________
CITY SECRETARY MAYOR
APPROVED:
____________________________
CITY ATTORNEY
EXHIBIT “A”
That Chapter 11, “Utilities”, of the Code of Ordinances of the City of College Station, Texas, is
hereby amended by adding a new Section 11-14 as set hereafter to read as follows:
SECTION 11-14. Roadway Maintenance Fee.
A. Definitions.
(1) City limits shall mean the city limits of the City of College Station as they exist on the
effective date of this Ordinance and as they may be amended from time to time.
(2) Category or Categories means one (1) of sixty-five (65) categories recognized in Table 1:
Land Use Codes of the ITE Trip Generation Handbook 3rd Edition determined from the land uses
of the nonresidential customers.
(3) Tier means one (1) of five (5) tiers established per Trip Factor Index calculations and the
monthly base rate established for each Tier.
(4) Roadway Maintenance Fee shall mean the fee that is established by this Ordinance which
is assessed against, and collected from owners or occupants of Benefitted Property within City
Limits for the purpose of planning, constructing, operating, monitoring and maintaining the
Transportation System of the City.
(5) Transportation System or Road System shall mean the structures, traffic controls, streets
and other facilities in the public right-of-way, such as bridges, sidewalks and alleys which are
dedicated to the use of motor vehicles, transit, bicycles and pedestrians, all of which are owned
and/or controlled in whole by the City and which are dedicated to the Transportation S ystem
service of the City, including provisions for additions, improvements and extensions to such
System.
(6) Utility Customer shall mean the holder of a City utility account or the person, firm,
partnership, joint venture, association, corporation, governmental entity or other entity responsible
for the payment of the Road Maintenance Fee.
B. ESTABLISHMENT AND REVISION OF ROADWAY MAINTENANCE FEE.
(1) The City Council hereby establishes a Roadway Maintenance Fee to be paid by Utility
Customers within the City Limits of College Station, Texas. Such Roadway Maintenance Fee shall be
set in amounts which will provide sufficient funds to properly maintain the Transportation System.
(2) Collection of the Roadway Maintenance Fee against each Benefitted Property shall be
made by a monthly charge to be added to the Utility Customer’s utility bill for such property.
(3) The City Council has established a fee schedule based upon the cost of maintaining the
Transportation S ystem as shown in Exhibit “A” and attached hereto and incorporated by reference
herein. Such fee schedule may be amended by the City Council based upon changes in the cost of
maintaining the Transportation System.
C. TRANSPORTATION FUND.
(1) A separate fund shall be created effective January 1, 2017, known as the Roadway
Maintenance Fund. All Roadway Maintenance Fees shall be deposited in the Roadway
Maintenance Fund. It shall not be necessary for the expenditures from the Roadway Maintenance
Fund to specifically relate to any particular property from which the Roadway Maintenance Fees
were collected.
(2) An annual report of the Roadway Maintenance Fund and the Roadway Maintenance Fee
program will be provided to the City Council.
D. FINDINGS.
(1) The number of motor vehicle trips and the average length of those trips generated by a
Benefitted Property may reasonably be used to estimate the apportioned cost of the Transportation
System attributable to a Benefitted Property.
(2) The characteristics and use of a Benefitted Property may reasonably be used to estimate
the number and length of motor vehicle trips generated by the Benefitted Property.
(3) Based on the best available data, the method of imposing the Roadway Maintenance Fee
reasonably apportions the cost of the Transportation System among the Benefitted Properties.
(4) It is reasonable and equitable to impose a set monthly Road Maintenance Fee per each
Benefitted Property.
(5) It is reasonable and equitable to use trip generation rates for Benefitted Property from the
Trip Generation Manual, 9th Edition, published by the Institute of Transportation Engineers.
Further, it is reasonable and equitable to use trip lengths derived from travel model statistics of the
area to yield a vehicle-mile service unit generation for specific land uses.
(6) It is reasonable and equitable to consider trip generation rates from the City’s 2015
Roadway Impact Fee Study in determining the trip factor used for each Benefitted Property.
E. DETERMINATION OF FEE.
(1) Collection of the Roadway Maintenance Fee shall be based on each Benefitted Property’s
reasonably equitable share in the total number of vehicle miles generated by all property within
the City Limits. The reasonably equitable share depends on the type of land use and the calculated
vehicle miles per development unit (also referred to as Transportation Demand Factor) provided
in the Land Use/Vehicle-Mile Equivalency Table (LUVMET) in Attachment A.
(2) The trip generation rates listed in the LUVMET table are derived from the Trip Generation
Manual, 9th Edition, published by the Institute of Transportation Engineers, and are the number of
trips anticipated to and from a Benefitted Property per its land use and established units during the
PM peak hour.
(3) For applicable non-residential land uses, the Trip Generation Rate is reduced to account
for “pass-by trips” to obtain Trip Rates.
(4) Trip Rates are multiplied by the Average Trip Length (miles) specific to the land use
category to obtain the Transportation Demand Factor expressed as Vehicle Miles per Development
Unit for each land use category.
(5) Each Benefitted Property is assigned a land use category identified in the LUVMET, and
the size of the Benefitted Property in terms of number of development units is obtained from
appraisal district property tax records or other reliable sources, as applicable.
(6) For each Benefitted Property, the Transportation Demand Factor from the LUVMET is
multiplied by the number of development units to calculate the transportation demand generated
by that Benefitted Property in terms of vehicle miles.
(7) The reasonably equitable share of each Benefitted Property in the total Roadway
Maintenance Fee per billing period is calculated as a function of the transportation demand
generated by a Benefitted Property to the total transportation demand generated by all Benefitted
Properties.
E. BILLING AND COLLECTION OF FEE. The Roadway Maintenance Fee shall be billed
and collected with the monthly utility bill. All such bills shall be rendered monthly and shall be
due upon receipt.
G. RECOVERY OF UNPAID FEE. Any Roadway Maintenance Fee due hereunder which
is not paid when due may be recovered in action at law by the City. In addition to any other
remedies or penalties provided by this Ordinance or the Code of Ordinances, City of College
Station, Texas, failure of any Utility Customer to pay the Roadway Maintenance Fee promptly
when due shall subject such Utility Customer to the discontinuance of utility services provided by
the City.
H. ADMINISTRATION; RULES AND REGULATIONS. The City Manager or designee
shall be responsible for the administration of this Ordinance. The City Manager or designee shall
be responsible for developing rules, regulations and procedures for the administration of fees and
the consideration of petitions for modification and appeals pertaining to the fees charged
hereunder; developing maintenance programs; establishing Transportation System criteria and
standards for the operation and maintenance of the Transportation System.
I. DISPOSITION OF FEES AND CHARGES.
(1) The Roadway Maintenance Fee shall not be used for the general government proprietary
purposes of the City, except to pay for the equitable share of the cost of accounting, management
and government thereof.
(2) Other than as described above, the Roadway Maintenance Fee shall be used solely to pay
for the costs of operation, administration, planning, engineering, development of guidelines and
controls, inspection, maintenance, repair, improvement, renewal, replacement and reconstruction
of the Transportation System and costs incidental thereto.
J. EXEMPTION.
(1) The City reserves the right to exempt properties from provisions of this Ordinance
through Council Action.
(2) The following properties are exempted from the provisions of this Ordinance:
(a) Property owned by the College Station Independent School District
(b) Property owned by Texas A&M University
(c) Property owned by the Texas A&M University System.
K. APPEALS.
(1) A Utility Customer may appeal the Roadway Maintenance Fee established herein pursuant
to the procedure set forth in this section and as set out in any process developed by the City
Manager pursuant to Section H herein.
(2) An appeal shall be in writing and submitted to the City Manager or his designee within
fourteen (14) calendar days after the date of the public utility billing statement containing the
matter to be disputed.
(3) Appeals may be submitted for the following reasons:
(a) The Utility Customer’s exempt property has been assessed a Roadway Maintenance
Fee;
(b) a Roadway Maintenance Fee for the Utility Customer’s Benefitted Property is
assessed in duplicate on multiple utility accounts;
(c) a Roadway Maintenance Fee is assessed to the Utility Customer’s property outside
the City Limits;
(d) a Roadway Maintenance Fee assessed against the Utility Customer’s Benefitted
Property is incorrect due to improper property characterization, such as land use, building
square footage or other relevant property characterization; or
(e) a Roadway Maintenance Fee is assessed for a Benefitted Property unaffiliated to
the Utility Customer’s utility account.
(4) The City Manager or his designee shall render a written decision on such appeals within a
reasonable time after receipt of a timely written notice of appeal from the Utility Customer. This
decision will be final.
(5) During all periods of appeal the Utility Customer shall be responsible for payment of
Roadway Maintenance Fee charges in full.
(6) A Utility Customer appealing the Roadway Maintenance Fee may not receive a refund
resulting from the appeal except for a Road Maintenance Fee paid within six (6) months the date
of the Utility Customer’s notice of appeal.
L. PERIODIC REVIEW OF RATES. The City Council will periodically review this
Ordinance and the Roadway Maintenance Fee and shall be obligated to review them no later than
in the first month following the third anniversary date of this Ordinance.
CITY of College Station – Roadway Maintenance Fee
ATTACHMENT A
LAND USE/VEHICLE-MILE-EQUIVALENCY TABLE
ITE
Land
Use
Code
Land Use
Category
Develop.
Unit
Veh-Mi
Per
Dev-
Unit
Trip
Gen
Rate
(PM)
Pass- by
Rate
Pass-by
Source
Trip
Rate
Adj.
Trip
Length
(mi)
PORT AND
TERMINAL
030 Truck
Terminal
Acre 26.20 6.55 6.55 4.00
INDUSTRIAL 110 General Light
Industrial
1,000 SF
GFA
3.88 0.97 0.97 4.00
INDUSTRIAL 120 General
Heavy
Industrial
1,000 SF
GFA
2.72 0.68 0.68 4.00
INDUSTRIAL 130 Industrial
Park
1,000 SF
GFA
3.40 0.85 0.85 4.00
INDUSTRIAL 150 Warehousing 1,000 SF
GFA
1.28 0.32 0.32 4.00
INDUSTRIAL 151 Mini-
Warehouse
1,000 SF
GFA
1.04 0.26 0.26 4.00
RESIDENTIAL 210 Single-Family
Detached
Housing
Dwelling
Unit
4.00 1.00 1.00 4.00
RESIDENTIAL 220 Apartment/M
ulti-family
Dwelling
Unit
2.48 0.62 0.62 4.00
RESIDENTIAL 230 Residential
Condominium
/Townhome
Dwelling
Unit
2.08 0.52 0.52 4.00
RESIDENTIAL 240 Mobile Home
Park /
Manufactured
Housing
Dwelling
Unit
2.36 0.59 0.59 4.00
RESIDENTIAL 251 Senior Adult
Housing-
Detached
Dwelling
Unit
1.08 0.27 0.27 4.00
RESIDENTIAL 252 Senior Adult
Housing-
Attached
Dwelling
Unit
1.00 0.25 0.25 4.00
RESIDENTIAL 254 Assisted
Living
Beds 0.88 0.22 0.22 4.00
LODGING 310 Hotel Room 1.20 0.60 0.60 2.00
LODGING 320 Motel / Other
Lodging
Facilities
Room 0.94 0.47 0.47 2.00
RECREATIONAL 432 Golf Driving
Range
Tee 2.50 1.25 1.25 2.00
RECREATIONAL 430 Golf Course Acre 0.60 0.30 0.30 2.00
RECREATIONAL 495 Recreational
Community
Center
1,000 SF
GFA
5.48 2.74 2.74 2.00
RECREATIONAL 465 Ice Skating
Rink
1,000 SF
GFA
4.72 2.36 2.36 2.00
ITE
Land
Use
Code
Land Use
Category
Develop.
Unit
Veh-Mi
Per
Dev-
Unit
Trip
Gen
Rate
(PM)
Pass- by
Rate
Pass-by
Source
Trip
Rate
Adj.
Trip
Length
(mi)
RECREATIONAL 431 Miniature
Golf Course
Hole 0.66 0.33 0.33 2.00
RECREATIONAL 445 Multiplex
Movie
Theater
Screens 27.28 13.64 13.64 2.00
RECREATIONAL 491 Racquet /
Tennis Club
Court 6.70 3.35 3.35 2.00
INSTITUTIONAL 560 Church 1,000 SF
GFA
1.10 0.55 0.55 2.00
INSTITUTIONAL 565 Day Care
Center
1,000 SF
GFA
13.82 12.34 44% B 6.91 2.00
INSTITUTIONAL 522 Primary/Midd
le School (1-
8)
Students 0.32 0.16 0.16 2.00
INSTITUTIONAL 530 High School Students 0.26 0.13 0.13 2.00
INSTITUTIONAL 540 Junior /
Community
College
Students 0.24 0.12 0.12 2.00
INSTITUTIONAL 550 University /
College
Students 0.34 0.17 0.17 2.00
MEDICAL 630 Clinic 1,000 SF
GFA
19.53 5.18 5.18 3.77
MEDICAL 610 Hospital 1,000 SF
GFA
3.51 0.93 0.93 3.77
MEDICAL 620 Nursing
Home
Beds 0.83 0.22 0.22 3.77
MEDICAL 640 Animal
Hospital/Vete
rinary Clinic
1,000 SF
GFA
9.90 4.72 30% B 3.30 3.00
OFFICE 714 Corporate
Headquarters
Building
1,000 SF
GFA
5.64 1.41 1.41 4.00
OFFICE 710 General
Office
Building
1,000 SF
GFA
5.96 1.49 1.49 4.00
OFFICE 720 Medical-
Dental Office
Building
1,000 SF
GFA
13.46 3.57 3.57 3.77
OFFICE 715 Single Tenant
Office
Building
1,000 SF
GFA
6.96 1.74 1.74 4.00
OFFICE 750 Office Park 1,000 SF
GFA
5.92 1.48 1.48 4.00
COMMERCIAL:
Automobile Related
942 Automobile
Care Center
1,000 SF
Occ. GLA
3.74 3.11 40% B 1.87 2.00
COMMERCIAL:
Automobile Related
843 Automobile
Parts Sales
1,000 SF
GFA
6.82 5.98 43% A 3.41 2.00
COMMERCIAL:
Automobile Related
944 Gasoline/Serv
ice Station
Vehicle
Fueling
Position
4.82 13.87 42% A 8.04 0.60
COMMERCIAL:
Automobile Related
945 Gasoline/Serv
ice Station w/
Conv Market
Vehicle
Fueling
Position
3.56 13.51 56% B 5.94 0.60
ITE
Land
Use
Code
Land Use
Category
Develop.
Unit
Veh-Mi
Per
Dev-
Unit
Trip
Gen
Rate
(PM)
Pass- by
Rate
Pass-by
Source
Trip
Rate
Adj.
Trip
Length
(mi)
COMMERCIAL:
Automobile Related
946 Gasoline/Serv
ice Station w/
Conv Market
and Car Wash
Vehicle
Fueling
Position
3.66 13.86 56% A 6.10 0.60
COMMERCIAL:
Automobile Related
841 New Car
Sales
1,000 SF
GFA
4.20 2.62 20% B 2.10 2.00
COMMERCIAL:
Automobile Related
941 Quick
Lubrication
Vehicle Shop
Servicing
Positions
6.22 5.19 40% B 3.11 2.00
COMMERCIAL:
Automobile Related
947 Self-Service
Car Wash
Stall 1.99 5.54 40% B 3.32 0.60
COMMERCIAL:
Automobile Related
948 Automated
Car Wash
Stall 5.08 14.12 40% B 8.47 0.60
COMMERCIAL:
Automobile Related
848 Tire Store 1,000 SF
GFA
5.98 4.15 28% A 2.99 2.00
COMMERCIAL:
Dining
934 Fast Food
Restaurant
with Drive-
Thru Window
1,000 SF
GFA
32.66 32.65 50% A 16.33 2.00
COMMERCIAL:
Dining
933 Fast Food
Restaurant
without
Drive-Thru
Window
1,000 SF
GFA
26.16 26.15 50% B 13.08 2.00
COMMERCIAL:
Dining
932 High
Turnover (Sit-
Down)
Restaurant
1,000 SF
GFA
11.22 9.85 43% A 5.61 2.00
COMMERCIAL:
Dining
931 Quality
Restaurant
1,000 SF
GFA
8.38 7.49 44% A 4.19 2.00
COMMERCIAL:
Dining
937 Coffee/Donut
Shop with
Drive-Thru
Window
1,000 SF
GFA
25.68 42.80 70% A 12.84 2.00
COMMERCIAL:
Other Retail
815 Free-Standing
Discount
Store
1,000 SF
GFA
6.98 4.98 30% C 3.49 2.00
COMMERCIAL:
Other Retail
817 Nursery
(Garden
Center)
1,000 SF
GFA
9.72 6.94 30% B 4.86 2.00
COMMERCIAL:
Other Retail
862 Home
Improvement
Superstore
1,000 SF
GFA
2.42 2.33 48% A 1.21 2.00
COMMERCIAL:
Other Retail
880 Pharmacy/Dr
ugstore w/o
Drive-Thru
Window
1,000 SF
GFA
7.90 8.40 53% A 3.95 2.00
COMMERCIAL:
Other Retail
881 Pharmacy/Dr
ugstore w/
Drive-Thru
Window
1,000 SF
GFA
10.10 9.91 49% A 5.05 2.00
COMMERCIAL:
Other Retail
820 Shopping
Center
1,000 SF
GLA
4.90 3.71 34% A 2.45 2.00
ITE
Land
Use
Code
Land Use
Category
Develop.
Unit
Veh-Mi
Per
Dev-
Unit
Trip
Gen
Rate
(PM)
Pass- by
Rate
Pass-by
Source
Trip
Rate
Adj.
Trip
Length
(mi)
COMMERCIAL:
Other Retail
850 Supermarket 1,000 SF
GFA
12.14 9.48 36% A 6.07 2.00
COMMERCIAL:
Other Retail
864 Toy/Children'
s Superstore
1,000 SF
GFA
6.98 4.99 30% B 3.49 2.00
COMMERCIAL:
Other Retail
875 Department
Store
1,000 SF
GFA
2.62 1.87 30% B 1.31 2.00
COMMERCIAL:
Other Retail
896 Video Rental
Store
1,000 SF
GFA
13.60 13.60 50% B 6.80 2.00
SERVICES 911 Walk-In Bank 1,000 SF
GFA
12.38 12.13 40% B 7.28 1.70
SERVICES 912 Drive-In
Bank
Drive-in
Lanes
29.95 33.24 47% A 17.62 1.70
SERVICES 918 Hair Salon 1,000 SF
GLA
1.73 1.45 30% B 1.02 1.70
ROADWAY MAINTENANCE FEE SCHEDULEi
Vehicle Miles Traveled Monthly Charge
Nonresidential
Tier I 0-23.99 $17.23
Tier II 24.00-46.00 $38.71
Tier III 46.00-93.99 $74.71
Tier IV 94.00-255.99 $152.39
Tier V 256.00+ $250.00
Residential
Single Family Flat Fee $7.78
Multi-Family Flat Fee $6.10
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0721 Name:Contract with Sungard Public Sector (SPS)
Status:Type:Agreement Consent Agenda
File created:In control:10/28/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion regarding approval of a contract with Sungard Public
Sector (SPS), formerly Sungard HTE, for programming services to add the appropriate Roadway
Maintenance fee to utility accounts in the utility billing system in an amount not to exceed $7,880.
Sponsors:Erin Provazek
Indexes:
Code sections:
Attachments:COLG CX 2016-00022679 (Revise I).pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a contract with Sungard Public
Sector (SPS), formerly Sungard HTE, for programming services to add the appropriate Roadway
Maintenance fee to utility accounts in the utility billing system in an amount not to exceed $7,880.
Relationship to Strategic Goals: Core Services and Infrastructure, Financially Sustainable City
Recommendation(s): Staff recommends approval.
Summary: The SPS Customer Information System module is the system in which utility bills are
generated and payments received. These services will automate the population of the transportation
fee on utility accounts. Without this automation, Utility Customer Service staff would have to
manually touch 40,000+ utility accounts, twice.
This contract (17300129) is an Amendment to the H.T.E., Inc. Software and License Agreement
dated March 13, 1998 between SPS and the City of College Station. The contract is exempt from
competitive bidding by LGC 252.022(a)(7)(A) due to one source based on software copyrights.
Budget & Financial Summary:
Attachments:
Amendment contract for SPS programming services
A copy of the master agreement with SPS is available in the City Secretary's office.
College Station, TX Printed on 11/4/2016Page 1 of 1
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Add-On Quote
Quote Prepared By:
1000 Business Center Drive
Lake Mary, FL 32746
Phone:Fax:
Email:jakea.simons@sungardps.com
Jakea Simons
Quote Prepared For:
(979) 764-3482
College Station, TX 77842
City of College Station
310 Krenek Tap Road
Erin Provazek, Asst IT Director
Quote Date Valid Until
12/15/201609/16/2016Q-00022679
Professional Services
Product Name Proj Mgmt Training DevelopmentConsulting Total ServicesImpl SvcsProduct Code
Services
Tech SvcsInstallation
7,400.00PS-CD Development Ext Price: - - - - 7,400.00 - -
480.00PS-PM Project Management Ext Price: 480.00 - - - - - -
$7,400.00Totals:$480.00 - - $7,880.00 - - -
Product & Services
Professional Services:$7,880.00
Subtotal:$7,880.00
Total:$7,880.00
REQUEST DESCRIPTION
Client will provide file that will contain the location id and RMF rate code. This location id from this file will be used to find the active customer attached to the
location id in the CIS system. Once the active account (customer- location id) has been identified a new flat rate service will be added to the account. If no
active customer is found the flat rate service will be added only at the location level. College Station will be responsible with providing a cross reference
table of the RMF rate code and what it will correspond to in the CIS system. The customer will also be responsible for adding this service to one account in
test. This account will be used as a guide for setting up the program logic. Accounts that are set to terminate will not have the new service added. The
client will be providing the flat rate service start date. The client will also be responsible for setting up the flat rate service code and the new corresponding
rates.
NOTES:
•Client agrees to test this modification within 30 days of delivery. Failure to test within 30 days may require an additional quote.
•Client is responsible for the creation and maintenance of a Test environment when the mod requires file updates or 3rd party interfaces. This is to
ensure that an agreeable outcome is reached before impeding their daily business activities or their live data. Failure to test the modification in a Test
environment may require an additional quote for any additional services.
Comments:
Page 1 of 3SunGard Public Sector
•Quote assumes that the client is running Extranet or SSH. If the client’s system is not running Extranet/SSH or is only accessible through SecureLink,
an additional quote may be required. Voorhees ASP clients are excluded from any additional Secure Link cost.
•Client is responsible for providing Extranet or SSH access to any and all environments that modifications may need to be loaded to. Client is also
responsible for providing TELNET access to any Test environment(s).
•This work will be based on the current version (9+) and may require that the client load this version as part of the SCR.
•Any additional work, not included in the scope of this agreement, may require an additional quote.
•NaviLine Project Management (PM): Prof-Scvs.: Qty: 3hrs. $480
Services will not be scheduled until a signed quote has been received.
FDI #: 1 005 631
TOTAL COST: $7,880.00
License, Project Planning, Project Management, Consulting, Technical Services, Conversion, Third Party Product Software and Hardware Fees are due upon execution of
this Quote. Project Management Fees will be invoiced as one combined fee. Training fees and Travel & Living expenses are due as incurred monthly. Installation is due
upon completion. Custom Modifications, System Change Requests or SOW's for customization, and Third Party Product Implementation Services fees are due 50% on
execution of this Quote and 50% due upon invoice, upon completion. Unless otherwise provided, other Professional Services are due monthly, as such services are
delivered. Additional services, if requested, will be invoiced at then-current rates. Any shipping charges shown are estimated only and actual shipping charges will be due
upon invoice, upon delivery.
Annual Subscription Fee(s): Initial annual subscription fees are due 100% on the Execution Date. The initial annual subscription term for any subscription product(s) listed
above shall commence on the Execution Date of this Agreement and extend for a period of one (1) year. Thereafter, the subscription terms shall automatically renew for
successive one (1) year terms, unless either party gives the other party written notice of non-renewal at least sixty (60) days prior to expiration of the then-current term.
The then-current fee will be specified by SunGard Public Sector in an annual invoice to Customer thirty (30) days prior to the expiration of then-current annual period.
SunGard Public Sector Application Annual Support: Customer is committed to the initial term of Agreement and extends for a twelve (12) month period. Subsequent
terms of support will be for twelve (12) month periods, commencing at the end of the prior support period. Support fees shown are for the second term of support and
which shall be due prior to the start of that term. Fees for subsequent terms of support will be due prior to the start of each term at the then prevailing rate. Except for the
second term of support for which SunGard Public Sector is committed, subsequent terms will renew automatically until such time a party receives written notice from the
other party thirty (30) days prior to the expiration of the then current term. Notification of non renewal is required prior to the start of the renewal term. Customer will be
invoiced, and payment is due, upon renewal.
Third Party Product Annual Support Fees: The support fee for the initial annual period is included in the applicable Third Party Product License fees(s) unless otherwise
stated. Subsequent terms invoiced by SunGard Public Sector will renew automatically at then-prevailing rates until such time SunGard Public Sector receives written
notice of non-renewal from the Customer ninety (90) days in advance of the expiration of the then-current term. Notification of non-renewal is required prior to the start of
the renewal term. Customer will be invoiced, and payment is due, upon renewal. As applicable for certain Third Party Products that are invoiced directly by the third party
to Customer, payment terms for any renewal term(s) of support shall be as provided by the third party to Customer.
Payment terms as follows, unless otherwise notated below for Special Payment Terms by Product:
This Quote constitutes an Amendment to the Software License & Services Agreement and the Maintenance/Support Agreement (together, the “Contract and
Agreement”) by and between the parties hereto. The product and pricing information detailed above comprises the “Exhibit 1” schedule or “Supplement” attached to this
Amendment. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect.
Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate
third party vendor.
Additional Terms:
Page 2 of 3SunGard Public Sector
The Component Systems identified above are “Licensed Programs” or “Licensed Systems” licensed by SunGard Public Sector and are provided in and may be used in
machine-readable object code form only.
Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately. Travel and living expenses are in
addition to the prices quoted above and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy.
The date of delivery is the date on which SunGard Public Sector delivers, F.O.B. SunGard Public Sector’s place of shipment, the Component Systems to Customer.
The SunGard Public Sector application software warranty shall be for a period of one (1) year after delivery. There is no Testing and Acceptance period on the Licensed
System(s) herein.
Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase order or other document submitted
hereafter by Customer are of no force or effect, and the terms and conditions of the Contract and Agreement and any amendments thereto shall control unless expressly
accepted in writing by SunGard Public Sector to Customer.
Third party hardware/software maintenance and/or warranty will be provided by the third party hardware and software manufacturer(s). SunGard Public Sector makes no
representations as to expected performance, suitability, or the satisfaction of Customer's requirements with respect to the hardware or other third party products
specified in this Quote. The return and refund policy of each individual third party hardware/software supplier shall apply.
This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a
manufacturer changes any of these respective policies or prices, SunGard Public Sector reserves the right to adjust this proposal to reflect those changes.
Should Customer terminate this agreement per any "Term of Contract" Section of the Contract and Agreement, as may be applicable for certain customers, Customer
agrees to pay, immediately upon termination, the remaining balance for all hardware, software, and services delivered prior to the termination date together with travel
reimbursements, if any, related to the foregoing. Notwithstanding any language in the Contract and Agreement to the contrary, the purchase of support services is NOT
necessary for the continuation of Customer's License.
Pricing for professional services provided under this quote is a good faith estimate based on the information available to SunGard Public Sector at the time of execution of
this Quote. The total amount that Customer will pay for these services will vary based on the actual number of hours of services required to complete the services. If
required, additional services will be provided on a time and materials basis at hourly rates equal to SunGard Public Sector’s then-current rates for the services at issue.
For training and on-site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is
responsible for entire price of the training or on-site project management plus incurred expenses.
Authorized Signature:
City of College Station
Date:Printed Name:
Page 3 of 3 SunGard Public Sector
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0723 Name:Resolution for Christmas Parade Banners
Status:Type:Resolution Consent Agenda
File created:In control:10/28/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion on a Resolution authorizing banners for the annual
Christmas Parade.
Sponsors:Lance Simms
Indexes:
Code sections:
Attachments:Location Map
RESOLUTION
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a Resolution authorizing banners for the annual
Christmas Parade.
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Staff recommends approval.
Summary:
In recognition of College Station/Bryan annual Christmas Parade,the City has been asked about the
possibility of erecting and displaying seven banners at various locations around the City (see
attached map).This Resolution allows the display of seven free-standing banners from November
11, 2016 to December 5, 2016.
Section 12-7.5.E.13 of the Unified Development Ordinance (UDO)exempts banners from UDO
regulations where there has been a resolution of the City Council that finds that the display of the
signs (a)promotes a positive image for the City of College Station for the attraction of business or
tourism;(b)depicts an accomplishment of an individual or group;or (c)creates a positive community
spirit.
Budget & Financial Summary: N/A
Attachments:
1.Map (showing proposed location of banners)
2.Resolution
College Station, TX Printed on 11/4/2016Page 1 of 2
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File #:16-0723,Version:1
College Station, TX Printed on 11/4/2016Page 2 of 2
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This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. No warranty is made by the City of College Station regarding specific accuracy or completeness.
PROPO SED LOCATIONS FORCHRISTMAS BANNERS
^_Proposed Location for Christmas Banner
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
APPROVING THE DISPLAY OF BANNERS IN RECOGNITION OF THE ANNUAL CHRISTMAS
PARADE.
WHEREAS, the annual College Station/Bryan Christmas Parade is a 90 year tradition in our community;
and
WHEREAS, the 90th annual Christmas Parade is scheduled for Sunday, December 4, 2016; and
WHEREAS, the annual Christmas Parade promotes a positive image for the City of College Station for the
attraction of business or tourism and creates a positive community spirit; and
WHEREAS, Section 12-7.5.E.13 of the City of College Station Unified Development Ordinance (UDO)
exempts signs from UDO regulation where there has been a resolution of the City of College Station City
Council that finds that the display of the signs (a) promotes a positive image for the City of College Station
for the attraction of business or tourism; (b) depicts an accomplishment of an individual or group; or (c)
creates a positive community spirit; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the City Council hereby finds that the display of Christmas Parade banners promotes
a positive image for the City of College Station for the attraction of business or tourism,
and creates a positive community spirit.
PART 2: That the City Council hereby authorizes the display of up to seven free-standing banners
within the City.
PART 3: That the City Council hereby allows the display of said banners from November 11, 2016
until December 5, 2016.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 10th day of November, 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:116-0735 Name:ILA Chapter 380 agreement with Brazos County
Status:Type:Agreement Consent Agenda
File created:In control:11/2/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion on an interlocal Chapter 380 agreement with Brazos
County creating an economic development program that includes mechanisms for funding needed
core public infrastructure in targeted locations throughout the City.
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on an interlocal Chapter 380 agreement with Brazos
County creating an economic development program that includes mechanisms for funding needed
core public infrastructure in targeted locations throughout the City.
Relationship to Strategic Goals:
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): Staff recommends approval of the agreement with Brazos County. The
Commissioner's Court will consider a similar Chapter 381 ageement.
Summary:
The proposed agreement represents a partnership between Brazos County and the City of College
Station to create a synthetic tax increment reinvestment zone (TIRZ)and invest in core infrastructure
such as streets,storm sewer,drainage,water and sanitary sewer within three areas of College
Station to facilitate redevelopment opportunities and ensure adequate capacity for development.
•North College Station -This area is focused along the University Drive corridor beginning
on the west side with Northgate and continuing east to Tarrow.Redevelopment in this area
has occurred so quickly that infrastructure is limiting new development opportunities -
especially with regard to sanitary sewer capacity.Reinvestment in this area will focus on
increasing sewer capacity,rehabilitate or replace water lines,drainage facilities and streets to
College Station, TX Printed on 11/4/2016Page 1 of 2
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File #:16-0735,Version:1
increasing sewer capacity,rehabilitate or replace water lines,drainage facilities and streets to
facilitate new development.
•Dartmouth &Harvey Mitchell Parkway -This area is a key infill development that will
extend Dartmouth from Harvey Mitchell Parkway through to Texas Avenue.The fractured
ownership and infrastructure costs have precluded private development in this area.
Reinvestment will focus on the Dartmouth extension with water,sewer and electrical utilities
including traffic signals at Harvey Mitchell and Texas Avenue.
The framework of the agreement is as follows:
•Capture a portion of taxes generated from new value as of January 1, 2017.
•Reinvest in core infrastructure limited to streets, drainage, sanitary sewer and water.
•Vary time period based on infrastructure needs:
o North College Station:
§12 year term
§Brazos County - 80% of the O&M Rate
§City of CS - 100% of the O&M Rate
o Dartmouth & Harvey Mitchell Parkway:
§15 year term
§Brazos County - 100% of the O&M Rate
§City of CS - 100% of the Total Tax Rate
Budget & Financial Summary: The agreement provides for specific participation rates based on the
geographic area, infrastructure needs and the current tax rate. Directing funds towards specific
redevelopment areas will reduce the amount of revenue available for city-wide investment; however,
the County's participation provides a new revenue source to fund core infrastructure.
Legal Review: Yes.
Attachments:
Agreement - Available at Meeting
College Station, TX Printed on 11/4/2016Page 2 of 2
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0740 Name:Purchase of property and construction of a new
office building by the Brazos Central Appraisal
District
Status:Type:Minutes Consent Agenda
File created:In control:11/2/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Presentation, possible action, and discussion regarding the approval of a resolution approving the
purchase of property and construction of a new office building by the Brazos Central Appraisal
District.
Sponsors:Aubrey Nettles
Indexes:
Code sections:
Attachments:City CS OK Resolution Letter
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the approval of a resolution approving the
purchase of property and construction of a new office building by the Brazos Central Appraisal
District.
Relationship to Strategic Goals:
Good Governance
Recommendation(s):
Background &Summary:This is the third attempt by BCAD to receive approval to purchase land
and construct an improvement for an office building.The BCAD Board of Directors looked at several
different options and locations and after reviewing all the concerns and input gathered during the first
two proposals we have determined that the proposed project is the best option.
Budget & Financial Summary:Estimated project cost $3,200,000
Attachments: Resolution
College Station, TX Printed on 11/4/2016Page 1 of 1
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RESOLUTION BY THE GOVERNING BODY OF THE CITY OF COLLEGE STATION
APPROVING THE PURCHASE OF PROPERTY AND CONSTRUCTION OF A NEW
OFFICE BUILDING BY THE BRAZOS CENTRAL APPRAISAL DISTRICT
WHEREAS, pursuant to Chapter 6 of the Texas Property Tax Code, the City of College Station
appoints a member or members to the Board of Directors of the Brazos Central Appraisal District
(“Brazos CAD”); and
WHEREAS, pursuant to Section 6.051 of the Texas Property Tax Code, Brazos CAD has the
legal right to purchase or lease real property as necessary to establish and operate the Brazos CAD
office; and
WHEREAS, the Board of Directors of the Brazos Central Appraisal District desires to seek
approval to purchase 2.15 acres of land known as Brazos Place, Block 1, Lot 2 and a portion out of the
adjacent tract known as Brazos Place, Block 1, Lot 1 and construct an improvement of approximately
11,500 square feet with a total estimated project cost of $3,200,000 to establish and operate the
Brazos Central Appraisal District office which is situated in Bryan, Brazos County Texas; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
PART 1: That the above recitals are true and correct.
PART 2: That the Cit y Council hereby approves the Brazos Central Appraisal District
acquiring approximately 2.15 acres of land.
PART 3: That the City Council hereby approves the Brazos Central Appraisal District
constructing an improvement of approximately 11,500 square feet with an
estimated project cost of $3,200,000 to establish and operate the Brazos Central
Appraisal District office.
PART 4: That it is officially found and determined that this meeting was open to the public
as required by law, and that notice of the time, place and subject matter of this
meeting has been posted in the manner required by law.
ADOPTED this 10th day of November, 2016.
CITY OF COLLEGE STATION
__________________________________
MAYOR
ATTEST:
_________________________________
City Secretary
APPROVED:
_________________________________
City Attorney
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0706 Name:No Parking Along Residential Streets Near Fire
Station No. 6
Status:Type:Ordinance Agenda Ready
File created:In control:10/24/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Public Hearing, presentation, possible action and discussion on an ordinance amending Chapter 10,
“Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of
Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking
Anytime” of the Code of Ordinances to remove parking on Peyton Street, Chappel Street, Banks
Street, Pearce Street, Columbus Street, Churchill Street, Pasler Street, Preston Street, Avenue B, and
Turner Street.
Sponsors:Troy Rother
Indexes:
Code sections:
Attachments:No Parking - Map - Residential Streets near Fire Station 6
Parking Removal Ord near Station 6
Action ByDate Action ResultVer.
Public Hearing,presentation,possible action and discussion on an ordinance amending Chapter 10,
“Traffic Code”,Section 4 “Administrative Adjudication of Parking Violations”,E “Parking Regulations
of Certain Described Areas”,(1)“Traffic Schedule XIV -No Parking Here to Corner or No Parking
Anytime”of the Code of Ordinances to remove parking on Peyton Street,Chappel Street,Banks
Street,Pearce Street,Columbus Street,Churchill Street,Pasler Street,Preston Street,Avenue B,
and Turner Street.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Improving Mobility
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: At the April 28th City Council Meeting residents informed City Council and City Staff that on-street parking was
making it difficult to access residences within their neighborhood. During the meeting, City Council directed City Staff to
evaluate on-street parking within this neighborhood and determine if parking removal was needed to provide emergency
vehicle access.
Based upon the observations of the Fire Department, Police Department, and Traffic Engineering, City Staff presented a
proposed No Parking Ordinance to residents from this area at a public meeting on October 19th at Fire Station 6. Due to a
clerical error, some residents in this neighborhood may not have been aware of this meeting. Despite this clerical error,
there were 20 citizens in attendance at the public meeting. Additionally, staff received phone calls from 5 residents and
College Station, TX Printed on 11/4/2016Page 1 of 2
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File #:16-0706,Version:1
emails from 5 residents.
Of the 20 citizen’s at the meeting, 5 seemed to be in support of the proposed ordinance to remove parking from one side of
each street and 15 seemed to be opposed to the ordinance. City staff received 5 emails, of which 3 seemed to be in
support of removing parking and 2 were opposed. Additionally, 5 phone calls were received, 2 were okay with the
ordinance and 3 were opposed to removing parking from one side.
Those opposed to this ordinance include long term residents and owners of rental properties. Long term residents are
opposed to this ordinance because they are upset that such parking removal is now needed despite their prior objections to
the creation of rental properties that do not have sufficient off-street parking for the number of bed rooms being rented.
Rental property owners are opposed to this ordinance because they feel it will affect their ability to make money from their
rental properties. Residents in support of the ordinance see a need for emergency vehicles to be able to access these
streets noting a number of older residents that may need access to ambulance service.
To improve safety, mobility, and emergency vehicle access along these streets, the City of College Station Traffic
Management Team recommends approving this ordinance.
Budget & Financial Summary: The “NO PARKING” signs are planned operation and maintenance expenses accounted for
in the Public Works Traffic Operations budget.
Attachments:
1.Ordinance
2.Map
College Station, TX Printed on 11/4/2016Page 2 of 2
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Gilbert St.(Private R.O.W.)
Turner St.
Pasler St.
Churchill St.
Churchill St.
Preston St.
Ave B
Peyton St.
Columbus St.
q
0 290 580145
Feet
No Parking ANY TIME:
Pearce St.Banks St.
Porposed Parking Removal on residential streetsbehind College Station Fire Department Station 6.
Fir e DepartmentStation 6
Univ ersity Drive
Tarrow Stree t
Lincoln Avenue
Chappel St.
ORDINANCE NO.__________________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4
“ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS”, E “PARKING
REGULATIONS OF CERTAIN DESCRIBED AREAS”, (1) “TRAFFIC SCHEDULE XIV
- NO PARKING HERE TO CORNER OR NO PARKING ANYTIME”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REMOVING
PARKING ON PEYTON STREET, CHAPPEL STREET, BANKS STREET, PEARCE
STREET, COLUMBUS STREET, CHURCHILL STREET, PASLER STREET, PRESTON
STREET, AVENUE B, AND TURNER STREET, BY PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of
Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1)
“Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, of
the Code of Ordinances of the City of College Station, Texas, be amended as set
out in Exhibit “A” and 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 liable for a civil offense and/or guilty of a Class C misdemeanor,
and, upon a finding of liability thereof, shall be punished by a civil penalty of not
less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), or
upon conviction thereof, shall be punished by a fine of not less than Twenty-five
Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance
becomes effective ten (10) days after date of passage by the City Council, as
provided by Section 35 of the Charter of the City of College Station.
Ordinance No._____ Page 2 of 5
PASSED, ADOPTED and APPROVED this 10th day of November, 2016.
ATTEST: APPROVED:
_____________________________ ___________________________
City Secretary Mayor
APPROVED:
___________________________
City Attorney
Ordinance No._____ Page 3 of 5
EXHIBIT “A”
That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”,
E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking
Here to Corner or No Parking Anytime”, is hereby amended to remove the following:
Traveling on Between Travel
Direction
Chappel St. Peyton St. and Banks St. North No parking any time
Chappel St. Peyton St. and Banks St. North No parking any time
Chappel St. and Peyton St. North No parking any time
Chappel St. Peyton St. and Banks St. North No parking any time
Chappel St. and Peyton St. North No parking any time
Pasler St. Banks St. and Lincoln Ave. North No parking here to corner
Pasler St. Lincoln Ave. and Banks St. West No parking any time
Banks St. Chappel St. and Pasler St. East No parking here to corner
Ordinance No._____ Page 4 of 5
EXHIBIT “B”
That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”,
E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking
Here to Corner or No Parking Anytime”, is hereby amended to include the following:
1. Peyton Street – No Parking Anytime
a. Northeast travel direction – No parking anytime along the southeast side of Peyton
Street from Chappel Street to Tarrow Street.
2. Banks Street – No Parking Anytime
a. Northeast travel direction – No parking anytime along the southeast side of Banks
Street from Pasler Street to Tarrow Street.
b. Southwest travel direction – No parking anytime along the northwest side of Banks
Street from 70 feet north of Pasler Street to Pasler Street.
3. Pearce Street – No Parking Anytime
a. Northeast travel direction – No parking anytime along southeast side of Pearce
Street from Churchill Street to Tarrow Street.
4. Columbus Street – No Parking Anytime
a. Northeast travel direction – No parking anytime along the southeast side of
Columbus Street from Churchill Street to Tarrow Street.
5. Preston Street – No Parking Anytime
a. Southwest travel direction – No parking anytime along northwest side of Preston
Street from Tarrow Street to the termination of Preston Street 190 feet southwest
of Churchill Street.
6. Avenue B – No Parking Anytime
a. Southeast travel direction – No parking anytime along the southwest side of
Avenue B from Preston Street to Lincoln Avenue.
Ordinance No._____ Page 5 of 5
7. Churchill Street – No Parking Anytime
a. Southeast travel direction – No parking anytime along the southwest side of
Churchill Street from Banks Street to 70 feet southeast of Banks Street.
b. Northwest travel direction – No parking anytime along Churchill Street from
Lincoln Avenue to Banks Street.
8. Chappel Street – No Parking Anytime
a. Northwest travel direction – No parking anytime along the northeast side of
Chappel Street from Banks Street to the termination of Chappel Street 110 feet
north of Peyton Street
9. Pasler Street – No Parking Anytime
a. Northwest travel direction – No parking anytime along the northeast side of Pasler
Street from 70 feet southeast of Banks Street to Banks Street.
b. Southeast travel direction – No parking anytime along the southwest side of Pasler
Street from Banks Street to Lincoln Avenue.
10. Turner Street – No Parking Anytime
a. Northwest travel direction – No parking anytime along the northeast side of Turner
Street from the termination of Turner Street 100 feet southeast of Ash Street to
Poplar Street.
b. Southeast travel direction – No parking anytime along the southwest side of Turner
Street from Poplar Street to the termination of Turner Street 100 feet southeast of
Ash Street.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0714 Name:UDO Amendment – DRB Membership
Status:Type:Ordinance Agenda Ready
File created:In control:10/26/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, “Unified Development Ordinance,” Article 2 “Development Review Bodies”, Section 12-
2.5 “Design Review Board,” Subsection B “Membership and Terms” of the Code of Ordinances of the
City of College Station, Texas, regarding membership of the Design Review Board.
Sponsors:Molly Hitchcock
Indexes:
Code sections:
Attachments:Existing and proposed language
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, “Unified
Development Ordinance,” Article 2 “Development Review Bodies”, Section 12-2.5 “Design Review Board,” Subsection B
“Membership and Terms” of the Code of Ordinances of the City of College Station, Texas, regarding membership of the
Design Review Board.
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): The Planning and Zoning Commission considered this item at their October 20,
2016 meeting and unanimously recommended approval.
Summary: This ordinance provides revisions to the Design Review Board (DRB) membership
qualifications in the Unified Development Ordinance (UDO). The DRB was established “for the
purpose of enhancing the City’s ability to review sign, building, and site design issues, including
architectural issues as specified in the UDO, by bringing expertise from the community to bear of
these issues in designated design districts.” The Board is responsible for considering requests
largely related to subjective matters such as alternative buffer standards and site plan design in the
Wolf Pen Creek zoning district.
The UDO defines membership criteria of appointees so that expertise is balanced between those
with practical application of design,business acuity,personal experience in a design district,and
general public opinion.At the workshop on July 28,2016,the City Council discussed membership
qualifications of the Board and the challenges of making appointments to the DRB.This amendment
is proposed to address City Council’s concerns and thoughts expressed at the workshop meeting.
College Station, TX Printed on 11/4/2016Page 1 of 2
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File #:16-0714,Version:1
Budget & Financial Summary: N/A
Attachments:
1.Existing and Proposed Ordinance Language
2.Ordinance
College Station, TX Printed on 11/4/2016Page 2 of 2
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Design Review Board Membership
Existing and Proposed Ordinance Language
EXISTING
B. Membership and Terms.
1. The Design Review Board shall consist of seven (7) regular members and two (2) alternate members. Six
(6) of the regular members and the two (2) alternate members shall be appointed by the City Council. City
Council shall appoint the following six (6) members to the Design Review Board:
a. Architect, previously registered architect, architect registered in another state, or Emeritus Architect.
Previously registered architects whose licenses were in good standing and surrendered voluntarily
shall be the only previously registered architects considered for membership - those whose licenses
were revoked are not eligible.
b. Business person.
c. Landscape architect, previously registered landscape architect, landscape architect registered in
another state, or Emeritus Landscape Architect. Previously registered landscape architects whose
licenses were in good standing and surrendered voluntarily shall be the only previously registered
landscape architects considered for membership - those whose licenses were revoked are not
eligible.
d. Developer, land owner, or business owner in a design district, a resident within a design district, or
an individual employed within a design district.
e. Person knowledgeable in aesthetic judgment.
f. Citizen-at-large.
The seventh regular member shall be the Chairman of the Planning and Zoning Commission or his
designee.
The two (2) alternate members shall be citizens at large of the City.
2. Members shall be appointed for two-year terms.
3. The Design Review Board is a governmental body and shall comply with the Open Meetings Act.
PROPOSED
B. Membership and Terms.
1. The Design Review Board shall consist of seven (7) members . Six (6) of the members shall be appointed
by the City Council.
a. The City Council shall appoint a representative with expertise from each of the following disciplines
or groups:
1) Architecture;
2) Landscape architecture;
3) Business; and
4) Design district connection (e.g., developer, land owner, business owner, resident, or employee
within a design district).
b. The City Council shall appoint two (2) members that are citizens-at-large.
c. The seventh regular member shall be the Chairman of the Planning and Zoning Commission or his
designee.
2. Members shall be appointed for two-year terms.
3. The Design Review Board is a governmental body and shall comply with the Open Meetings Act.
ORDINANCE NO. ____________
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT
ORDINANCE”, ARTICLE 2 “DEVELOPMENT REVIEW BODIES”, SECTION 12-2.5,
“DESIGN REVIEW BOARD,” SUBSECTION B “MEMBERSHIP AND TERMS” OF
THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS
REGARDING MEMBERSHIP OF THE BOARD; 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 12-2.5 “Design
Review Board,” Subsection B “Membership and Terms” of Article 2
“Development Review Bodies,” of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way 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 10th day of November, 2016.
ATTEST: APPROVED:
_____________________________ ____________________________________
City Secretary Mayor
APPROVED:
___________________________
City Attorney
Ordinance No. Page 2 of 2
EXHIBIT “A”
That Chapter 12, “Unified Development Ordinance,” Article 2 “Development Review Bodies”,
Section 12-2.5 “Design Review Board,” Subsection B “Membership and Terms” of the Code of
Ordinances of the City of College Station, Texas, is amended to read as follows:
B. Membership and Terms.
1. The Design Review Board shall consist of seven (7) members. Six (6) of the members
shall be appointed by the City Council.
a. The City Council shall appoint a representative with expertise from each of the
following disciplines or groups:
1) Architecture;
2) Landscape architecture;
3) Business; and
4) Design district connection (e.g., developer, land owner, business owner,
resident, or employee within a design district).
b. The City Council shall appoint two (2) members that are citizens-at-large.
c. The seventh regular member shall be the Chairperson of the Planning and Zoning
Commission or his/her designee.
2. Members shall be appointed for two-year terms.
3. The Design Review Board is a governmental body and shall comply with the Open
Meetings Act.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0715 Name:Public Drainage Easement Abandonment – The
Junction
Status:Type:Ordinance Agenda Ready
File created:In control:10/26/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and
abandoning a 0.062 acre public drainage easement lying and 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 134.041 acre tract as described by a deed to TLS Properties, LTD., recorded in
Volume 3091, Page 243 of the Official Public Records of Brazos County, Texas.
Sponsors:Carol Cotter
Indexes:
Code sections:
Attachments:Vicinity Map
Location Map
Ordinance
Exhibit A
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and
abandoning a 0.062 acre public drainage easement lying and 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 134.041 acre tract as described by a deed to TLS Properties, LTD., recorded in
Volume 3091, Page 243 of the Official Public Records of Brazos County, Texas.
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This public drainage easement abandonment will accommodate the recent development
of The Junction, a multifamily project. The Owner of the Junction will privately own and maintain the
existing drainage area and infrastructure at this location.
The 0.062 acre public drainage easement is located on a called 134.041 acre tract as described by a
deed to TLS Properties, LTD., recorded in Volume 3091, Page 243 of the Official Public Records of
Brazos County, Texas.
Reviewed and Approved by Legal: Yes
Budget & Financial Summary: N/A
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File #:16-0715,Version:1
Attachments:
1.Vicinity Map
2.Location Map
3.Ordinance
4.Exhibit “A”
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ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.062 ACRE PUBLIC DRAINAGE EASEMENT
BEING SITUATIOED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO.
7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A
PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS
DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME
3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,
TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a 0.062 acre public drainage easement lying and 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 134.041 acre tract as
described by a deed to TLS Properties, LTD., recorded in Volume 3091, Page 243 of the
Official Public Records of Brazos County, Texas, as described in Exhibit “A” attached
hereto (such portion hereinafter referred to as the “Public Drainage Easement”); and
WHEREAS, in order for the Public Drainage Easement to be vacated and abandoned by
the City Council of the City of College Station, Texas, the City Council must make
certain affirmative findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Public
Drainage Easement described in Exhibit "A" attached hereto and made a
part of this ordinance for all purposes.
1. Abandonment of the Public Drainage Easement will not result in
property that does not have access to public roadways or utilities.
2. There is no public need or use for the Public Drainage Easement.
3. There is no anticipated future public need or use for the Public
Drainage Easement.
4. Abandonment of the Public Drainage Easement will not impact
access for all public utilities to serve current and future customers.
PART 2: That the Public Drainage Easement as described in Exhibit “A” be
abandoned and vacated by the City.
Ordinance NO.______________ Page 2 of 4
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2016
ATTEST: APPROVED:
_____________________________ ____________________________________
City Secretary NANCY BERRY, Mayor
APPROVED:
___________________________
City Attorney
Exhibit A
Ordinance No._____Page 3 of 4
Ordinance No._____Page 4 of 4
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0709 Name:PUC in Lick Creek Park
Status:Type:Resolution Agenda Ready
File created:In control:10/26/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Public Hearing, presentation, possible action, and discussion on a resolution that establishes the City
Council determination that the use of parkland is allowable and that no other feasible or prudent
alternative exists for a Public Utility Corridor to run wastewater lines and other public utilities for the
proposed Southern Pointe development, and that all reasonable planning measures have been taken
to minimize the harm to such parkland.
Sponsors:David Coleman
Indexes:
Code sections:
Attachments:Resolution
Exhibit A - 20 foot TCC
Exhibit A - 30 foot PUC
Map
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion on a resolution that establishes the City
Council determination that the use of parkland is allowable and that no other feasible or prudent
alternative exists for a Public Utility Corridor to run wastewater lines and other public utilities for the
proposed Southern Pointe development, and that all reasonable planning measures have been taken
to minimize the harm to such parkland.
Relationship to Strategic Goals: Core Services and Infrastructure, and a Diverse Growing Economy
Recommendation:Staff recommends approval of the resolution.
Summary:Approval of this item will establish a Public Utility Corridor across Lick Creek Park
needed for the development of Brazos County MUD #1, known as Southern Pointe. Through the
park is the only feasible route for the utility corridor, since the park lies directly between Southern
Pointe and the Lick Creek Wastewater Treatment Plant.
This agenda item only establishes the Public Utility Corridor across Lick Creek Park to the Lick Creek
Wastewater Treatment Plant and does not create any real property rights. A separate City-
authorized Right-of-Entry License Agreement will need to be executed by Brazos County MUD #1
and the Southern Pointe developer before any construction takes place in the Public Utility Corridor.
The Right-of-Entry License Agreement will require that Brazos County MUD #1 and the developer
provide, among other things, insurance, indemnity, release, and bonds, for the protection of City and
parkland property.
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File #:16-0709,Version:1
A 30’ wide Public Utility Corridor is being proposed from the southern property boundary of the park
to the Lick Creek Wastewater Treatment Plant. The corridor will also provide for future park
development and improvements such as trails, bathrooms, etc.
A 20’ wide Temporary Construction Corridor will be needed alongside the 30’ Public Utility Corridor to
enable construction activities.
Legal descriptions and survey plats illustrating the corridor are attached in Exhibit “A”. It is
anticipated that the granting of the public utility corridor and the temporary construction corridor will
not have a negative impact to the park nor its’ operations.
Utilization of parkland for the public utility corridor is considered a use or taking of protected land in
the Texas Parks and Wildlife Code.
Chapter 26.001: PROTECTED LAND; NOTICE OF TAKING (a) states: "A department, agency,
political subdivision, county, or municipality of this state may not approve any program or project that
requires the use or taking of any public land designated and used prior to the arrangement of the
program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless
the department, agency, political subdivision, county, or municipality, acting through its duly
authorized governing body or officer determines that:
(1) there is no feasible and prudent alternative to the use or taking of such land; and
(2) the program or project includes all reasonable planning to minimize harm to the land, as a park,
recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking."
Texas Parks and Wildlife Code Chapter 26.002: Notice of Hearing sets out the requirements for
notification of the public hearing required in these situations. To be in compliance with this
requirement, announcements of today's Public Hearing on this topic were posted in the
Bryan/College Station Eagle on October 11, October 18, October 25, and November 1, 2016.
Reviewed and Approved by Legal:Yes
Budget & Financial Summary:N/A
Attachments:
1)Resolution with Exhibit “A” sketches
2)Area Map of Lick Creek Park
College Station, TX Printed on 11/4/2016Page 2 of 2
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AUTHORIZING THE ESTABLISHMENT OF PUBLIC UTILITY CORRIDOR
WITHIN LICK CREEK PARK.
WHEREAS, the Texas Parks and Wildlife Code Chapter 26.001: PROTECTED LAND; NOTICE OF
TAKING et. seq. establishes the requirements for the use or taking of land currently designated and
used as a park, recreation area, scientific area, wildlife refuge, or historic site; and
WHEREAS, the City of College Station needs to connect underground wastewater lines and
other utilities to the existing Lick Creek Wastewater Treatment Plant;
WHEREAS, in compliance with statutory requirements recited above, notice and a public
hearing were held where all interested persons present who were entitled to speak did so speak;
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 of this resolution are
hereby declared true and correct.
PART 2 That the City Council of the City of College Station, Texas, hereby determines
there is no feasible and prudent alternative to the use of the described Lick Creek
Park land for the establishment of a Public Utility Corridor for the connection of
underground wastewater lines and other utilities to the existing Lick Creek
Wastewater Treatment Plant, as set forth in Exhibit “A” attached hereto.
PART 2: That the City Council of the City of College Station, Texas, hereby determines
that the use of the parkland as described in this resolution includes all reasonable
planning to minimize harm to the parkland.
PART 3: That, based upon the above, the City Council of the City of College Station,
Texas, hereby approves the use of a portion of the Lick Creek Park land for the
establishment of Public Utility Corridor as set forth herein.
PART 4: That this resolution shall take effect immediately from and after its passage.
Resolution No._____ Page 2 of 6
ADOPTED this day of , A.D. 2016.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
Resolution No._______Exhibit A Page 3 of 6
Resolution No._______Exhibit APage 4 of 6
Resolution No._____Exhibit A Page 5 of 6
Resolution No._____Exhibit APage 6 of 6
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0712 Name:Comprehensive Plan Amendment – 1404 Bird Pond
Road
Status:Type:Comprehensive Plan Agenda Ready
File created:In control:10/26/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the
Comprehensive Plan - Future Land Use & Character Map from Estate to Restricted Suburban for
approximately 13 acres located at 1404 Bird Pond Road, more generally located near the northeast
corner of Rock Prairie Road and Bird Pond Road.
Sponsors:Jessica Bullock
Indexes:
Code sections:
Attachments:Background Information
Aerial
Amendment Map
2016 9 1404 Bird Pond 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 Estate to Restricted Suburban for
approximately 13 acres located at 1404 Bird Pond Road, more generally located near the northeast
corner of Rock Prairie Road and Bird Pond Road.
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item on August 18, 2016
and voted 6-0 to recommend approval. The applicant decided to postpone the request to the
November 10th City Council meeting in order to have it heard at the same time as the PDD Planned
Development District rezoning request.
Summary:
REVIEW CRITERIA
1.Changed or changing conditions in the subject area or the City:In August 2015, land
located between the subject property and Rock Prairie Road received a Comprehensive Plan
Amendment to Restricted Suburban and Suburban Commercial. The tract was also rezoned to
RS Restricted Suburban and SC Suburban Commercial. Due to the recent amendments, the
College Station, TX Printed on 11/4/2016Page 1 of 4
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File #:16-0712,Version:1
subject tract is currently zoned R Rural located between E Estate and RS Restricted Suburban
zoning districts. This Comprehensive Plan Amendment will allow a more dense land use to
continue north along Bird Pond Road, further into an area with existing rural character.
2.Scope of the request:The request is to amend the Comprehensive Plan Future Land Use
and Character Map designation for approximately 13 acres from Estate to Restricted Suburban.
This amendment will allow for a future residential subdivision with medium density single-family
housing (average 10,000 square-foot lots). With a maximum allowed density of four dwelling
units per acre, this change could allow up to 53 lots on the subject property.
3.Availability of adequate information:A Restricted Suburban designation allows for future
development of a medium-density single-family residential subdivision with a maximum four
dwelling units per acre. Properties in this area are primarily served by Wellborn Special Utility
District (water). Wellborn SUD has indicated an ability to serve domestic water service to the
proposed subdivision, but cannot currently meet minimum fire flow requirements.City of College
Station has agreed to allow a pressure activated valve to be installed that will open during a fire
flow event.
There are currently no existing sanitary sewer mains available to serve this property. The
developer is proposing an extension of a gravity main from an adjacent tract that was previously
rezoned in 2015.
The property and surrounding area are not within the Fire Department’s desired 4.5 minute
response time.
Traffic Impact Analysis is not required for residential development. Rock Prairie Road is
designated as a future 4-lane Major Arterial and Bird Pond Road is designated as a future 4-lane
Minor Arterial on the City’s Thoroughfare Plan Map. Both roadways are currently built to a 2-lane
rural section and upgrades to their future thoroughfare section are not currently planned.
4.Consistency with the goals and strategies set forth in the 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 subject property and surrounding area to the north, east and
south are identified in the Comprehensive Plan as part of Growth Area III. Growth Area III states
that “due to the prevailing rural character, this area should remain rural in character and be
developed at a low intensity. A significant portion of the total area shall be retained as natural
areas, parks, or open spaces with land uses clustered or placed on large lots.”
The proposed amendment shifts the existing Restricted Suburban designation further to the north
along Bird Pond Road, further into Growth Area III. With the adjacent Comprehensive Plan
Amendment request, staff acknowledged that Restricted Suburban may be appropriate closer to
the intersection next to Suburban Commercial, stating that further amendments in this area are
discouraged due to a limited future street network and utility constraints in this area, as well as to
retain the existing rural character.
5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans:The
existing Future Land Use and Character designation on the property is Estate. Estate is a
designation for areas with a prevailing rural character that should have limited development
College Station, TX Printed on 11/4/2016Page 2 of 4
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File #:16-0712,Version:1
activities consisting of low-density single-family of one-acre lots (or denser if clustered). The
applicant requests an amendment to Restricted Suburban allowing up to four dwelling units per
acre (10,000 square feet or smaller if clustered around open space). With the exception of the
recent Comprehensive Plan Amendment to the south, area on the east side of Bird Pond Road is
currently designated Rural.
Generally, land located between Carter’s Creek and Rock Prairie Road is planned for low
intensity residential uses. Due to the location of Carter’s Creek and existing rural residential
development in the area, there is very little thoroughfare infrastructure planned in this area,
limiting overall thoroughfare capacity.
Rock Prairie Road is designated as a future 4-lane Major Arterial and Bird Pond Road is
designated as a future 4-lane Minor Arterial on the City’s Thoroughfare Plan Map. Both roadways
are currently built to a 2-lane rural section and upgrades to their future thoroughfare section are
not currently planned.
6.Compatibility with the surrounding area:The adjacent land uses to the north and east
are phases of Bird Pond Estates. To the south is land owned by the applicant for the
development of an RS Restricted Suburban residential development. The surrounding area,
including land west of Bird Pond Road, contains large acreage tracts of rural character used for
single-family residential and agriculture. Located further to the east is the Carter Lake
subdivision. A Restricted Suburban development will provide a medium density residential
community with a more intense development pattern than the surrounding area.
Current agricultural land located to the west across Bird Pond Road is designated as future
Restricted Suburban. The amendment is consistent with future land uses to the west.
7.Impacts on infrastructure including water, wastewater, drainage, and the
transportation network:Domestic Water service will be provided by Wellborn SUD. Wellborn
SUD is unable to provide fire protection, however, the City of College Station has agreed to allow
a pressure activated valve to be installed that will open during a fire flow event.
There are currently no existing sanitary sewer mains available to serve this property. The
developer is proposing an extension of a gravity main from an adjacent tract that was previously
rezoned.
The subject tract is in Lick Creek Drainage Basin and detention will be required. There is no
FEMA regulated floodplain identified on the tract. The development will be required to comply
with the City’s drainage ordinance.
The future thoroughfare plan in this area provides very little connectivity and/or capacity. Future
thoroughfares are limited in this area because of Carter’s Creek to the north and the location of
existing rural residential development, including the Carter Lake subdivision. Both Rock Prairie
Road and Bird Pond Road are currently built to a 2-lane rural section. Upgrades to their future
thoroughfare section are not currently planned. A traffic impact analysis is not required for
residential development.
8.Impact on the City’s ability to provide, fund, and maintain services:The subject
property and surrounding area are not within the Fire Department’s desired 4.5 minute response
College Station, TX Printed on 11/4/2016Page 3 of 4
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time, a performance indicator that can have bearing on the City’s ISO rating.
Properties northeast of the intersection of Rock Prairie Road and Bird Pond Estates are located
within the Wellborn Special Utility District. Wellborn SUD cannot currently provide adequate fire
flows in this area, however, the City of College Station has agreed to allow a pressure activated
valve to be installed that will open during a fire flow event.
There are currently no existing sanitary sewer mains available to serve this property. The
developer is proposing an extension of a gravity main from an adjacent tract that was previously
rezoned.
9.Impact on environmentally sensitive and natural areas:This area is not recognized as
environmentally sensitive. However, Growth Area III states that “due to the prevailing rural
character, this area should remain rural in character and be developed at a low intensity. A
significant portion of the total area shall be retained as natural areas, parks, or open spaces with
land uses clustered or placed on large lots.”
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 Estate to Restricted Suburban on just over 13 acres allows further encroachment of dense
development into an area with rural character and limited infrastructure. The amendment is not
in line with the goal stated as a part of Growth Area III, which indicates a desire to protect the
prevailing rural character of this area.
Budget & Financial Summary: N/A
Legal Review: Yes.
Attachments:
1.Background Information
2.Aerial
3.Comprehensive Plan Amendment Map
4.Ordinance
College Station, TX Printed on 11/4/2016Page 4 of 4
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NOTIFICATIONS
Advertised Commission Hearing Date: August 18, 2016
Advertised Council Hearing Dates: November 10, 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
Contacts in support: Two
Contacts in opposition: Nine, concerns included increased density compared to Bird
Pond Estates and development expectations along with
character of area
Inquiry contacts: Two
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Estate E Estate Bird Pond Estates
Subdivision
South Restricted Suburban RS Restricted
Suburban
Vacant (Preliminary
Plan in process for
Waterford Heights)
East Estate E Estate Bird Pond Estates
Subdivision
West (across Bird
Pond Road) Restricted Suburban R Rural Agricultural
DEVELOPMENT HISTORY
Annexation: November 2002
Zoning: R Rural
Final Plat: Unplatted
Originally included in 2006 Bird Pond Estates Master Plan and
Preliminary Plan (Both now expired)
Site development: Large tract single-family
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 ESTATE TO RESTRICTED SUBURBAN FOR
APPROXIMATELY 13 ACRES LOCATED 1404 BIRD POND ROAD GENERALLY LOCATED NEAR
THE NORTHEAST CORNER OF ROCK PRAIRIE ROAD AND BIRD POND ROAD, 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 a new Subsection C.2.s 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 10th day of November, 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.s to Exhibit “A” of said plan for Exhibit “A” to read
in its entirety as follows:
“EXHIBIT ‘A’
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
ORDINANCE NO.__________________ Page 3 of 6
18. South Knoll Area Neighborhood Plan dated September 2013.
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.
d. Chapter 8 “Growth Management & Capacity” by amending the text based on
recommendations from the Annexation Task Force – Ordinance 3766, dated April 28,
2016.
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.
ORDINANCE NO.__________________ Page 4 of 6
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
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 –Ordinance 2016-3828, 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 Pebbl e Creek
Parkway extension –Ordinance 2016-3830, dated October 27, 2016.
s. The approximately 13 acres of land generally located near the northeast corner of Rock
Prairie Road and Bird Pond Road – by this ordinance dated November 10, 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 – Ordinance 2016-3827, 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 Study – Ordinance 2016-3827, 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
ORDINANCE NO.__________________ Page 5 of 6
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
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
Estate to Restricted Suburban shown as follows:
Existing Future Land Use &
Character Map
Proposed Future Land Use
& Character Map
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0713 Name:PDD Rezoning – 1404 Bird Pond Road
Status:Type:Rezoning Agenda Ready
File created:In control:10/26/2016 City Council Regular
On agenda:Final action:11/10/2016
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 E
Estate to PDD Planned Development District for approximately 13 acres being situated in the Thomas
Caruthers league, abstract no. 9, College Station, Brazos County, Texas, said tract being the
remainder of a called 26.25 acre tract of land as described as tract 2 by a partition deed to John
Patton Atkins recorded in volume 394, page 796 of the deed records of Brazos County, Texas,
generally located at 1404 Bird Pond Road, generally located near the northeast corner of Rock Prairie
Road and Bird Pond Road.
Sponsors:Jessica Bullock
Indexes:
Code sections:
Attachments:Background Information
Aerial and Small Area Map (SAM)
E-PDD 13 ac Bird Pond 5 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 E
Estate to PDD Planned Development District for approximately 13 acres being situated in the
Thomas Caruthers league, abstract no. 9, College Station, Brazos County, Texas, said tract being
the remainder of a called 26.25 acre tract of land as described as tract 2 by a partition deed to John
Patton Atkins recorded in volume 394, page 796 of the deed records of Brazos County, Texas,
generally located at 1404 Bird Pond Road, generally located near the northeast corner of Rock
Prairie Road and Bird Pond Road.
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
·Neighborhood Integrity
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item on October 20,
2016 and voted 6-0 to recommend approval.
Summary: The Planning and Zoning Commission considered a rezoning from E Estate to RS
College Station, TX Printed on 11/4/2016Page 1 of 5
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Restricted Suburban for the subject property on August 18, 2016 in order to build a single-family
residential development. Due to concerns from the Commission regarding minimum lot sizes,
buffers, infrastructure, integrity of the area, and street connectivity, the applicant chose to withdraw
that request.
The applicant is now requesting a PDD Planned Development District with a base zoning district of
RS Restricted Suburban. The PDD uses modifications to address lot sizes along the northern
boundary of the site adjacent to Bird Pond Estates and street connection to Bird Pond Estates.
The Unified Development Ordinance provides the following review criteria for zoning map
amendments:
REVIEW CRITERIA
1.Consistency with the Comprehensive Plan: The existing Future Land Use and Character
designation on the property is Estate, with a pending application to amend the Plan to Restricted
Suburban. The property is also located in Growth Area III which calls for preservation of the rural
character. Generally, this area consists of land along Rock Prairie Road surrounded by
established rural subdivisions and agricultural uses. According to the Comprehensive Plan, due to
service limitations and the prevailing rural character, the area should remain rural in character and
be developed at a low intensity. With an amendment to Restricted Suburban for approximately 17
acres on the tract adjacent to the subject property in August ----2015, density in Growth Area III is
increasing. With that approval, staff recommended no further amendments in the area.
Estate is a land use designation for areas that, due to public service limitations or a prevailing
rural character, should have limited development activities. These areas will tend to consist of
low-density single-family lots with a minimum of one acre. Lot size can be reduced to an average
of 20,000 square feet when clustered around open space.
Restricted Suburban is a land use designation for areas that should have a moderate level of
development. These areas will tend to consist of medium-density single-family residential lots
(average 8,000 square feet) when clustered around open space or larger when not clustered.
The Planning and Zoning Commission recommended approval unanimously of the
Comprehensive Plan Future Land Use and Character Map amendment to Restricted Suburban
at the meeting on -------August 18, 2016. The proposed rezoning of PDD Planned
Development District with RS Restricted Suburban as the base will be consistent with the map
if the amendment is approved by City Council. If City Council denies the Comprehensive Plan
Future Land Use and Character Map amendment, the proposed rezoning will not be
consistent.
2.Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood:The adjacent land uses to the north and east are
phases of Bird Pond Estates (acreage lots with an average lot size of 1.25 acres and an overall
future density of 0.4 dwelling units per acre). The subject property was originally planned to be a
continuation of the Bird Pond Estates Subdivision as the third phase. To the south is land owned
by the applicant for the development of an RS Restricted Suburban residential development. The
surrounding area, including land west of Bird Pond Road, contains large acreage tracts of rural
character used for single-family residential and agriculture. Located further to the east is the
Carter Lake subdivision. A Restricted Suburban development will provide a medium density
residential community with a more intense development pattern than the surrounding area.
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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 rezoning request
is for PDD Planned Development District with a base zoning of RS Restricted Suburban on
approximately 13 acres located between the established Bird Pond Estates and property recently
rezoned to RS Restricted Suburban. The applicant states that the property is suitable for RS
Restricted Suburban lots and that it will be complimentary to the uses in the Medical District.
Rezoning entitles the property to develop for the uses permitted in that zoning district, which is
dependent upon infrastructure being in place today or easily brought to the property (within fiscal
considerations). The subject property and the surrounding area has infrastructure and service
limitations that make increased density unsuitable. The area has service limitations including
rural road sections with limited future thoroughfare capacity and it is not located within the Fire
Department’s desired 4.5 minute response time. At this time there is no sewer service to the
subject property. Sewer extension to the property is contingent upon another tract on the south
side of Rock Prairie Road not owned by this developer and the timing of those improvements is
unknown.
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 zoned E Estate providing opportunities for large-lot, low density single-family residential
development. This zoning district should be used in areas that have public service limitations and
a prevailing rural character. Given the service limitations and rural character, E Estate is a
suitable zoning district.
5.Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The applicant
indicates that the property could be marketed as an E Estate subdivision, but the marketability of
Restricted Suburban lots will be much higher as some Estate lots have not been developed. At
the meeting on August 18, 2016, the developer stated that almost all but two or three lots have
been sold in Bird Pond Estates.
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: Domestic Water service will be provided by
Wellborn SUD. Wellborn SUD is unable to provide fire protection, however, the City of College
Station has agreed to allow a pressure activated valve to be installed that will open during a fire
flow event.
There are currently no existing sanitary sewer mains available to serve this property. The
developer is proposing an extension of a gravity main from an adjacent tract that was previously
rezoned. The timing of the gravity main to that adjacent tract is currently unknown and is
contingent upon an agreement with another tract determining the sewer layout and extension.
The subject tract is in Lick Creek Drainage Basin and detention will be required. There is no
FEMA regulated floodplain identified on the tract. The development will be required to comply
with the City’s drainage ordinance.
The future Thoroughfare Plan in this area provides very little connectivity and/or capacity.
Future thoroughfares are limited in this area because of Carter’s Creek to the north and the
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location of existing rural residential development, including the Carter Lake subdivision. Both
Rock Prairie Road and Bird Pond Road are currently built to a 2-lane rural section. Upgrades to
their future thoroughfare section are not currently planned. A traffic impact analysis would not
be required for this residential development.
REVIEW OF CONCEPT PLAN
The Concept Plan provides an illustration of the general layout of the proposed building and
parking areas as well as other site related features. In proposing a PDD, an applicant may also
request variations to the general platting and site development standards provided that those
variations are outweighed by demonstrated community benefits of the proposed development. The
Unified Development Ordinance provides the following review criteria as the basis for reviewing
PDD Concept Plans:
1.The proposal will constitute an environment of sustained stability and will be in harmony
with the character of the surrounding area;
2.The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the
intent and purpose of this Section;
3.The proposal is compatible with existing or permitted uses on abutting sites and will not
adversely affect adjacent development;
4.Every dwelling unit need not front on a public street but shall have access to a public
street directly or via a court, walkway, public area, or area owned by a homeowners
association;
5.The development includes provision of adequate public improvements, including, but not
limited to, parks, schools, and other public facilities;
6.The development will not be detrimental to the public health, safety, welfare, or materially
injurious to properties or improvements in the vicinity; and
7.The development will not adversely affect the safety and convenience of vehicular, bicycle,
or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by
the proposed use and other uses reasonably anticipated in the area considering existing zoning
and land uses in the area.
General:The proposed Concept Plan proposes a residential subdivision with an average minimum
lot size of 10,000 square feet. Lots within Area I on the Concept Plan will have a minimum 0.5 acre
lot size. Homes for these lots will be one story and have a maximum height of 30 feet. Area 1 will
be adjacent to Lots 3, 4 and 5, Block 1, Bird Pond Estates, Phase 1.
Modification Requested:To be exempt from Unified Development Ordinance Section 12-8.3.E.2.a
“Relation to Adjoining Street System”, which would require a public street to connect to the existing
street stub from Bird Pond Estates. The applicant proposes a gated emergency access road into
the existing neighborhood instead.
Community Benefits:The applicant states that the proposed development will provide the
community with a residential option that is in demand. The applicant provides larger lot sizes in area
1 of the Concept Plan which will allow a transition to the adjacent Estate lots in Bird Pond Estates.
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Budget & Financial Summary: N/A
Legal Review: Yes.
Attachments:
1.Background Information
2.Aerial & Small Area Map (SAM)
3.Ordinance
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NOTIFICATIONS
Advertised Commission Hearing Date: October 20, 2016
Advertised Council Hearing Dates: November 10, 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:
Bird Pond Estates does not have an active HOA. Staff
reached out to the 10 contacts received from the original
request to discuss the revised request.
Property owner notices mailed: Seven
Contacts in support: Two
Contacts in opposition: 9, including concerns about increased density compared to
Bird Pond Estates, character of area, and emergency
access to Bird Pond Estates
Inquiry contacts: Two
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Estate E Estate Bird Pond Estates
Subdivision
South Restricted Suburban RS Restricted
Suburban
Vacant (Preliminary
Plan in process for
Waterford Heights
East Estate E Estate Bird Pond Estates
Subdivision
West (across Bird
Pond Road) Restricted Suburban R Rural Agricultural
DEVELOPMENT HISTORY
Annexation: November 2002
Zoning: R Rural
Final Plat: Unplatted
Originally included in 2006 Bird Pond Estates Master Plan and
Preliminary Plan (Both now expired)
Site development: Large tract single-family
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 E ESTATE TO PDD PLANNED DEVELOPMENT DISTRICT FOR
APPROXIMATELY 13 ACRES BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE,
ABSTRACT NO. 9, COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAID TRACT BEING
THE REMAINDER OF A CALLED 26.25 ACRE TRACT OF LAND AS DESCRIBED AS TRACT
2 BY A PARTITION DEED TO JOHN PATTON ATKINS RECORDED IN VOLUME 394, PAGE
796 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, LOCATED AT 1404 BIRD
POND ROAD, GENERALLY LOCATED NEAR THE NORTHEAST CORNER OF ROCK
PRAIRIE ROAD AND BIRD POND ROAD; 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”, as described in Exhibit “B”, as shown graphically in Exhibit “C”, and
as shown on the Concept Plan 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 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 10th day of November, 2016
ATTEST: APPROVED:
_____________________________ ____________________________________
City Secretary Mayor
APPROVED:
___________________________
City Attorney
ORDINANCE NO.__________________ Page 2 of 6
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 E Estate to PDD Planned Development District, as described
as follows:
ORDINANCE NO.__________________ Page 3 of 6
ORDINANCE NO.__________________ Page 4 of 6
EXHIBIT “B”
General Requirements:
General: The uses and residential dimensional standards allowed shall be the same as for RS
Restricted Suburban except where specifically set forth in this Ordinance. In accordance with the
Concept Plan, there shall be a residential subdivision with an average minimum lot size of 10,000
square feet with an absolute minimum lot size of 6,500 square feet. Lots within Area 1 shown on
the Concept Plan will have a minimum 0.5 acre lot size in order to transition from larger lot sizes
on adjacent tract to smaller ones on subject tract. Specifically, Area 1 will be adjacent to Lots 3, 4
and 5, Block 1 of Bird Pond Estates, Phase 1. Homes for lots within Area 1 will be one story and
have a maximum height of 30 feet.
Modification from Subdivision Design and Improvements: The subject tract will be exempt
from Unified Development Ordinance Section 12-8.3.E.2.a “Relation to Adjoining Street System”,
which requires the construction of the necessary street intersection to an existing adjacent street. In
lieu of this requirement, a gated emergency access road will be constructed connecting the existing
adjacent Yellow Tanager Court to the proposed development on the subject tract as shown on the
Concept Plan.
Community Benefits: The applicant represents that the proposed development as reflected
in this Ordinance will provide the community with a residential option that is in demand. The
applicant provides larger lot sizes in area 1 of the Concept Plan which will allow a transition
to the adjacent Estate lots in Bird Pond Estates.
ORDINANCE NO.__________________ Page 5 of 6
EXHIBIT “C”
ORDINANCE NO.__________________ Page 6 of 6
EXHIBIT “D”
CONCEPT PLAN
Concept Plan
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0720 Name:PDD Rezoning – 2381 Earl Rudder Freeway South
Status:Type:Rezoning Agenda Ready
File created:In control:10/27/2016 City Council Regular
On agenda:Final action:11/10/2016
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 SC
Suburban Commercial to PDD Planned Development District for approximately 6.89 acres being
situated in the McGill Subdivision, Lot 1, Block 1 recorded in Volume 11610, Page 121 of the deed
records of Brazos County, Texas, generally located at 2381 Earl Rudder Freeway South, more
generally located North of Raintree Drive along Earl Rudder Freeway 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 SC
Suburban Commercial to PDD Planned Development District for approximately 6.89 acres being
situated in the McGill Subdivision, Lot 1, Block 1 recorded in Volume 11610, Page 121 of the deed
records of Brazos County, Texas, generally located at 2381 Earl Rudder Freeway South, more
generally located North of Raintree Drive along Earl Rudder Freeway 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 on October 20,
2016 and unanimously recommended approval of rezoning without the additional height restriction
recommended by staff. Additionally, the Planning and Zoning Commission recommended a condition
to restrict the location of drive-thru restaurants only within phase one, as indicated on the Concept
Plan. The ordinance was prepared to address the Commission’s recommendation.
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Summary:
REVIEW CRITERIA
1.Consistency with the Comprehensive Plan: The subject property is designated as
Suburban Commercial and Natural Areas Reserved on the Comprehensive Plan Future Land Use
and Character Map. The Suburban Commercial designation is intended for commercial activities
that cater primarily to nearby residents and are areas that tend to be small in size and located
adjacent to major roadways. The design of these structures is compatible is size, roof type and
pitch, architecture, and lot coverage with the surrounding single-family residential uses. The
Natural Areas - Reserved designation is intended for areas that should be preserved for their
natural function or open space qualities. The proposed rezoning of PDD Planned Development
District with a base zoning designation of SC Suburban Commercial is consistent with the
property’s designation on the Future Land Use and Character Map. Additionally this proposal is
only considering the property that is already zoned for Suburban Commercial Development and is
not encroaching into the area that is already under the protections of the Natural Areas Protected
zoning designation.
2. Compatibility with the present zoning and conforming uses of nearby property and with
the character of the neighborhood: The proposed PDD Planned Development District rezoning
will have a base district of SC Suburban Commercial. The property was previously zoned as SC
Suburban Commercial in 2013 to allow for the development of businesses that are contextually
appropriate given the subject property’s proximity to the Raintree Subdivision. The current request
is seeking to further expand the development opportunities of this property with consideration to
its adjacency to Earl Rudder Freeway South and filling a need for regionally serving commercial
businesses along the bypass. The PDD requests to allow for uses traditionally permitted in GC
General Commercial while putting additional restriction on the location of accessory amenities or
services to mitigate the impact posed on the adjacent neighborhood. The proposed zoning and
concept plan is compatible with the area in that it is meeting the needs of the larger region, while
proposing restrictions on future development to design with level of sensitivity to the abutting
homes of the Raintree Subdivision.
3.Suitability of the property affected by the amendment for uses permitted by the
districts that would be made applicable by the proposed amendment: The proposed
rezoning is appropriate for this area due to its location on the frontage road of Earl Rudder
Freeway South and its proximity to single-family development and protected natural areas.
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: It has been
understood that this property is suitable for commercial uses though the intensity of commercial
has been the discussion on this property for some time. Due to the subject property’s location and
visibility along Earl Rudder Freeway it would traditionally be appropriate to have more regionally
serving general commercial uses. However, with the site being adjacent to the Raintree
Neighborhood it would be appropriate to have uses that more in line with our Suburban
Commercial District. Rezoning the property to PDD with the requested uses to be defined later in
this report would open up opportunities to market the property for more regionally serving
commercial development as typically seen along the Freeway, but would allow development
restrictions to aid in protecting the existing homes that are located within the Raintree
Neighborhood.
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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
be marketed under the current zoning which allows for commercial uses appropriate for a land
adjacent to a single-family neighborhood. The owner claims that the proposed rezoning that not
only allows uses permitted under SC Suburban Commercial but also additional uses allowed
under GC General Commercial will help increase the marketability and development of the
property.
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: There is an existing 12-inch water main adjacent
to the tract along Earl Rudder Freeway South. There is also a 15-inch sanitary sewer main
running through the northern portion of the property. Drainage is generally to the north within the
Wolf Pen Creek Drainage Basin. The property is currently not encumbered by FEMA Special
Flood Hazard Area. Drainage and other public infrastructure required with site development shall
be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing
infrastructure appears to be adequate for the proposed use.
The subject tract will take access from Earl Rudder Freeway South (Freeway/Expressway),
pending TxDOT approval. A Traffic Impact Analysis (TIA) was completed for the previous PDD
request in 2009. Due to the intensity of uses not increasing when factoring the base zoning
district, a new TIA will be required with the Site Plan once uses for the property have been further
established.
REVIEW OF CONCEPT PLAN
The Concept Plan provides an illustration of the general layout of the proposed building and parking
areas as well as other site related features. In proposing a PDD, an applicant may also request
variations to the general platting and site development standards provided that those variations are
outweighed by demonstrated community benefits of the proposed development. The Unified
Development Ordinance provides the following review criteria for PDD Concept Plans:
1.The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area:The Concept Plan proposes a mix of
commercial uses. As designated on the Comprehensive Plan, the subject property is proposed
as Suburban Commercial. An environment with a mix of commercial uses potentially allows
better opportunities for nearby residents to shop, dine, and potentially work near their place of
residence, and providing additional services that benefit the community at large. Developing with
a level of sensitivity for the adjacent residential homes this property is suitable to market for more
regionally serving commercial uses.
2.The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the
intent and purpose of this Section:The proposed Concept Plan is in general conformity with
the policies, goals, and objectives of the Comprehensive Plan. The Future Land Use and
Character Map designates this area for Suburban Commercial uses which is the base zoning
district for what is proposed. The additional commercial uses proposed with Suburban
Commercial are also appropriate given the development modifications and restrictions that would
be in place.
3.The proposal is compatible with existing or permitted uses on abutting sites and will
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not adversely affect adjacent development:The proposed development is bordered by Single-
Family directly adjacent to the property and Natural Areas to the direct north and east. The
addition of commercial in this area meets the expectations of the Comprehensive Plan and works
to provide additional services to nearby residents.
4.Every dwelling unit need not front on a public street but shall have access to a public
street directly or via a court, walkway, public area, or area owned by a homeowners
association:No dwelling units are proposed with this development.
5.The development includes provision of adequate public improvements, including, but
not limited to, parks, schools, and other public facilities:There are currently no additional
provisions for public facilities or improvements outside of what is required with the development of
the site.
6.The development will not be detrimental to the public health, safety, welfare, or
materially injurious to properties or improvements in the vicinity:The subject property is
designated for Suburban Commercial uses. Besides the requested meritorious modifications, the
proposed development will meet all City requirements.
7.The development will not adversely affect the safety and convenience of vehicular,
bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be
generated by the proposed use and other uses reasonably anticipated in the area
considering existing zoning and land uses in the area:A Traffic Impact Analysis (TIA) was
completed during the previous rezoning. Based on the proposed uses a this time the existing TIA
is still sufficient, although an updated TIA will be required with the site plan application.
General:
The applicant has provided the following information related to the purpose and intent of the
proposed zoning district:
“We are seeking a PDD Planned Development District with SC Suburban Commercial as the
base, with modifications to the allowed uses and development standards. It is our hope that this
PDD will make the property more marketable for commercial development, while offering single-
family protection to the adjacent neighborhood, and ultimately an asset to the community.”
The applicant proposes to utilize SC General Commercial as the base, underlying zoning district. The
following information explains the proposed meritorious modifications and community benefits
proposed in addition to the community benefits with this request.
Base Zoning and Meritorious Modifications
At the time of site plan, the project will need to meet all applicable site development standards and
platting requirements of the Unified Development Ordinance for the SC Suburban Commercial
zoning, except where meritorious modifications are granted with the PDD zoning. The applicant is
requesting the following meritorious modification:
•UDO Section 12-6.4.AB Retail Sales, and Services:Retail buildings in SC Suburban
Commercial are not to exceed 15,000 square feet and 2 stories/35 feet in height. The
applicant is requesting to remove the 15,000 square foot cap on building size for uses
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proposed with this rezoning. As additional clarification, a cap of no more than 50,000 square
feet on retail sales and services uses is proposed as this is currently a retail size that is
reserved for GC General Commercial, and the applicant is not requesting the use for larger
single-tenant retail with this zoning.
•UDO Section 12-6.3 Types of Uses: The following are proposed to be permitted land
uses in addition to those already permitted by right in SC Suburban Commercial:
o Hotel
o Drive-thru restaurant
o Retail sales and service uses not to exceed 50,000 square feet
Understanding the sensitivity of the location of this property in relation to its nearby residential
property, the applicant is proposing that during the development of the property any use would
be required to place accessory or external facilities of the development such as order boards,
drive-thru windows, sanitation facilities, loading docks, or any outdoor amenities related to a
hotel use on the side of the building furthest away from the adjacent Raintree residences.
•UDO Section 12-7.2.H Height:Buildings in SC Suburban Commercial are restricted in
building height such that buildings are limited to 2 stories/ or 35 feet in height. The applicant is
requesting that any proposed development be regulated as any GC General Commercial use
would be but ultimately capped at 49 feet as proposed on the concept plan. This would mean
the only restriction on height for this property would come from Single-family Height Protection
which requires a 2:1 distance requirement from the common property boundary or adjacent
single-family zoning district or use.
Due to the nature of the site, staff is recommending that an increased restriction be placed on
building height for development on this property. In the SC Suburban Commercial zoning
district height is limited to 2 stories or 35 feet to reduce the visual impact of commercial uses
that would be adjacent to single-family property. This cap in height is also intended to help
bring the commercial development down to a scale that is more in line with the development
patterns for a single-family neighborhood. Understanding that this property is in a unique
location where it has geographical attributes that provide a level of demand for larger scale
commercial, it is still important to preserve the integrity and quality of life of the existing
residences directly adjacent to it. Staff agrees that the standard 2-story height restriction of the
SC Suburban Commercial district may not be the most fitting, but as a compromise,
recommended that the height be restricted to Single-Family Height Protection of 3:1 in lieu of
2:1. The Table below will provide an example not specific to this project of the difference
between the zoning district standard and staff recommendation.
Standard Ratio of 2:1 (1ft of
building height = 2ft of buffer)
50-foot building height
(approx. 4 story)
setback 100 feet from
common property line
Staff Recommended of 3:1 (1ft of
building height = 3ft of buffer)
50-foot building height
(approx. 4 story)
setback 150 feet from
common property line
•UDO Section 12-7.3.C Dimensions, Access, and Location:The Unified Development
Ordinance states that parking shall not be located between the structure and an adjacent
single-family use or zoning district. In order to keep the buildings as far away from the single-
family residences as possible, the applicant is requesting that parking be permitted between
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the buildings and the residential area.
•UDO Section 12-7.10 Non-Residential Architectural Standards:Buildings developed
within a Suburban Commercial zoning district are held to a different architectural standard
than buildings in other zoning districts. Due to Suburban Commercial being located near
established or developing residential neighborhoods there is a desire to bring a similar
architectural aesthetic to the abutting commercial to mitigate any negative impact and allow for
easier incorporation into the neighborhood. Due to the property’s location along a major
thoroughfare and at the edge of the raintree neighborhood, the applicant is requesting to be
regulated by the General Commercial Architectural standards as opposed to the Suburban
Commercial standards. The development is intended to be serving visitors on a more regional
scale than on a neighborhood scale, and applying higher architectural restrictions would
further limit the marketability of commercial users for this property.
Community Benefits
The applicant has listed the following as community benefits proposed by the development to offset
the modifications requested under the PDD Planned Development District:
“According to the UDO, Suburban Commercial properties developing next to an existing single-family
residence are required to provide a 20-foot buffer yard and a fence. In order to further reduce the
impacts of development, we will be providing an additional 10 feet to make a 30-foot buffer yard and
a fence. Within the buffer yard, we will double the required plantings.”
Budget & Financial Summary: N/A
Attachments:
1.Background Information
2.Aerial & Small Area Map (SAM)
3.Ordinance
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NOTIFICATIONS
Advertised Commission Hearing Date: October 20, 2016
Advertised Council Hearing Dates: November 10, 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:
Raintree Neighborhood Association
Property owner notices mailed: 17
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: One
ADJACENT LAND USES
Direction Comprehensive
Plan Zoning Land Use
North Natural Areas
Reserved
PDD-B Planned
Development District,
A-O Agricultural
Open
Academy Sports and
Outdoors, Floodplain,
Vacant
South
Restricted Suburban,
Suburban
Commercial
R-1 Single- Family
Residential
Raintree Subdivision,
Vacant
East
Natural Areas
Reserved,
Restricted Suburban
A-O Agricultural
Open
R-1 Single-Family
Residential
Vacant, Raintree
Subdivision
West
(Across Earl Rudder
Freeway S)
Natural Areas
Reserved,
General Commercial
GC General
Commercial, WPC
Wolf Pen Creek
Allen Honda, Grand
Station Entertainment
DEVELOPMENT HISTORY
Annexation: February 1971 and September 1977
Zoning: A-O Agricultural Open and R-1 Single-Family Residential Upon
Annexation
PDD Planned Development District in 2009
SC Suburban Commercial in 2013
Final Plat: Platted as Lot 1, Block 1 of the McGill Subdivision (2013)
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 SC SUBURBAN COMMERCIAL TO PDD
PLANNED DEVELOPMENT DISTRICT FOR APPROXIMATELY 6.89 ACRES BEING
SITUATED IN THE MCGILL SUBDIVISION, LOT 1, BLOCK 1 RECORDED IN
VOLUME 11610, PAGE 121 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS,
GENERALLY LOCATED AT 2381 EARL RUDDER FREEWAY SOUTH, MORE
GENERALLY LOCATED NORTH OF RAINTREE DRIVE ALONG EARL RUDDER
FREEWAY SOUTH. 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 Exhibit “B” and as shown graphically in Exhibit “C”, and
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 10th day of November, 2016
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
Ordinance No. Page 2 of 6
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 being Lot 1, Block 1, of the McGill Subdivision is rezoned from SC
Suburban Commercial to PDD Planned Development District.
Ordinance No. Page 3 of 6
EXHIBIT “B”
General Notes:
The base zoning districts and land uses for this property are as follows:
1. Use – UDO Section 12-6.3.C “Use Table”: The SC Suburban Commercial zoning district is
the base district for uses for the development with the following being added as permitted uses.
Hotels
Drive-thru Restaurant
Retail sales and service uses not to exceed 50,000 square feet
2. UDO Section 12-6.4.AB Retail Sales, and Services: Single tenant retail sales and service
uses will be capped at 50,000 square feet per tenant and will not be restricted to 15,000
square feet as required under the standard SC Suburban Commercial zoning district.
3. UDO Section 12-7.2.H Height: Buildings in this development will only be required to
meet Single-Family Height Protection as applicable. The concept plan notes a maximum
height of 49 feet for this property.
4. UDO Section 12-7.3.C Dimensions, Access, and Location: In order to keep the buildings
as far away from the single-family residences as possible, parking will be permitted
between the buildings and the residential area.
5. UDO Section 12-7.10 Non-Residential Architectural Standards: Buildings developed
within this development will be regulated by the General Commercial Architectural
standards as opposed to the Suburban Commercial standards.
Additional Conditions
1. Retail, Sales, and Services uses will be restricted to no larger than 50,000 square feet.
2. Order boards, drive-thru windows, sanitation facilities, loading docks, or any outdoor
amenity associated with a hotel use will be located on the façade of the building furthest
away from the adjacent residential property.
3. Drive-thru restaurants shall only be located within phase one of the development, as indicated
on the Concept Plan.
NOTE: Development on this property will be required to meet all standards within the SC
Suburban Commercial zoning district unless stated otherwise within this ordinance.
Community Benefits: The following community benefit will be provided by the development to
offset the modifications requested under the PDD Planned Development District: “According to
the UDO, Suburban Commercial properties developing next to an existing single-family residence
are required to provide a 20-foot buffer yard and a fence. In order to further reduce the impacts of
development, we will be providing an additional 10 feet to make a 30-foot buffer yard and a fence.
Within the buffer yard, we will double the required plantings.”
Ordinance No. Page 4 of 6
EXHIBIT “C” – Concept Plan
Ordinance No. Page 5 of 6
EXHIBIT “D” – Rezoning Map
Ordinance No. Page 6 of 6
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0724 Name:Roadway Impact Fees
Status:Type:Ordinance Agenda Ready
File created:In control:10/28/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 15, “Impact Fees,” of the Code of the City of College Station, Texas, providing for roadway
impact fees within the City.
Sponsors:Alan Gibbs
Indexes:
Code sections:
Attachments:Roadway Impact Fees Ordinance
Action ByDate Action ResultVer.
Public Hearing,presentation,possible action,and discussion regarding an ordinance amending
Chapter 15,“Impact Fees,”of the Code of the City of College Station,Texas,providing for roadway
impact fees within the City.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): Staff recommends approval of the ordinance.
Summary:On January 28th,the City Council approved a contact with Kimley-Horn and Associates,
Inc.for the roadway impact fee study.On July 14,2016,City Council approved the resulting land use
assumptions and capital improvements plan for the entire city limits divided into four service areas or
quadrants.On October 27,2016,City Council provided guidance to staff regarding a potential
Ordinance to implement roadway impact fees for the entire city limits divided into four service areas.
The attached Ordinance,with an effective date of December 1,2016,implements the collection of
roadway impact fees (in three phases)within the entire city limits consistent across the entire city
limits divided into four service areas.Please note that $375.00 per vehicle mile equates to a
$1,500.00 impact fee for a single-family home.
Build. permit app 12/1/2016 12/1/2017 12/1/2018
Service Areas Land Use Type Land Use Type Land Use Type
Res.Non-Res.Res.Non-Res.Res.Non-Res.
A $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
B $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
C $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
D $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
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Build. permit app 12/1/2016 12/1/2017 12/1/2018
Service Areas Land Use Type Land Use Type Land Use Type
Res.Non-Res.Res.Non-Res.Res.Non-Res.
A $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
B $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
C $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
D $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
Budget &Financial Summary:The proposed new roadway impact fees are estimated to generate
approximately $12.0 million over the next ten years,to partially fund road capital costs require to
meet the demands of growth.
Legal Review: Yes
Attachments:
1.Ordinance
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ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, BY AMENDING CHAPTER 15 OF ITS CODE OF ORDINANCES;
ESTABLISHING SERVICE AREAS THROUGHOUT THE CITY AND IMPOSING CITY
WIDE ROADWAY IMPACT FEES; PROVIDING FOR SEVERALBILITY; DECLARING
A PENALTY; AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT MATTER.
WHEREAS, on or about January 28, 2016, the City of College Station (“City”) acting by
and through its City Council secured the professional services of Kimley Horn (“Consultant”) to
consider establishing several service areas and to consider the imposition of city-wide roadway
impact fees; and
WHEREAS, Chapter 395, Texas Local Government Code, sets forth the requirements and
procedures to be followed when considering the imposition of such fees; and
WHEREAS, on or about March 31, 2016 the City appointed an advisory committee; and
WHEREAS, the City adopted Resolution No. 06-09-16-2k on or about June 9, 2016 setting
a public hearing to consider land use assumptions and capital improvements plan; and
WHEREAS the City made such land use assumptions and capital improvements plans
available to the public by when notice of the public hearing to consider same was timely published;
and
WHEREAS, following such public hearing regarding the land use assumptions and capital
improvements plans, the City Council of the City adopted Resolution No. 07-14-16-02 on or about
July 14, 2016 approving same; and
WHEREAS, the City adopted Resolution No. 09-22-16-2u on or about September 22,
2016 setting a public hearing to consider the imposition of roadway impact fees within four service
areas within the City and timely published notice of same; and
WHEREAS, on or about October 13, 2016 the City Council of the City received the
advisory committee’s written comments; and
WHEREAS, on or about November 10, 2016 a public hearing was held to consider the
imposition of impact fees for roadway impact fees for four service areas located within the City;
and
WHEREAS, the City has duly complied with all applicable requirements to consider the
imposition of impact fees as described herein and as allowed and required by law, and now desires
to adopt city-wide roadway impact fees within four service areas; now therefore
Ordinance No. _____ Page 2 of 10
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
Part 1: That Chapter 15, titled “Impact Fees” Section 15-8, titled “System-wide Roadway
Impact Fees” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as set out in Exhibit “A” attached hereto and made a part
of this Ordinance for all purposes.
Part 2: That if any provisions of any section of this Ordinance shall be held to be void or
unconstitutional, such holding shall in no way 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
Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) or more
than Five Hundred Dollars ($500.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being
a penal ordinance, becomes effective not less than 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.
Part 4: This Ordinance shall go into effective December 1, 2016.
PASSED, ADOPTED and APPROVED this 10th day of November, 2016.
APPROVED:
ATTEST:
____________________
__________________________ Mayor
City Secretary
APPROVED:
____________________________
City Attorney
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EXHIBIT “A”
That Chapter 15, titled “Impact Fees” Section 15-8, titled “System-wide Roadway Impact Fees”
of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as
follows:
“15.8 System-Wide Roadway Impact Fees.
A. Purpose. This Section 15-8 is intended to ensure the provision of adequate public
facilities to serve new development in an identified service area by requiring each such
development to pay its pro rata share of the costs of roadway improvements necessitated
by and attributable to such new development as set forth herein and consistent with
Chapter 395, Texas Local Government Code.
B. Authorization. This Ordinance is adopted pursuant to Chapter 395 Texas Local
Government Code and other applicable law. Chapter 395 supplements this Ordinance
to the extent that its provisions may be applicable hereto and, to such extent, its
provisions are incorporated herein by reference. The provisions of this Ordinance shall
not be construed to limit the power of the City to utilize other methods authorized under
state law or pursuant to other City powers to accomplish the purposes set forth herein,
either in substitution or in conjunction with this Ordinance. Guidelines may be developed
by ordinance, resolution, or otherwise to implement and administer this Ordinance.
Impact fees established by this Section are additional and supplemental to, and not in
substitution of, any other requirements imposed by the City on the development or
subdivision of land or the issuance of building permits.
C. Service Area. There are four roadway service areas established for this Section,
consisting of land within the City limits as shown in Exhibit 1 of the Roadway Impact Fee
Study prepared by Kimley Horn dated July 2016 and which is attached hereto as Exhibit
“O” incorporated herein for all purposes and a copy of which shall be made available to
view at the City Secretary’s office along with a copy of the entire study.
D. Land Use Assumptions. The land use assumptions for the impact fee imposed under
this Section upon which the capital improvements plan for roadway facilities are based
are as set forth in Table 1 of the Roadway Impact Fee Study prepared by Kimley Horn
dated July 2016 and which is attached hereto as Exhibit “P” incorporated herein for all
purposes and a copy of which shall be made available to view at the City Secretary’s
office along with a copy of the entire study.
E. Capital Improvements Plan. The capital improvements plan for this Section identifying
capital improvements for the provision of roadway services in the four service areas is as
set forth in Tables 2A-D and Exhibits 2A-D of the Roadway Impact Fee Study prepared
by Kimley Horn dated July 2016 and which is attached hereto as Exhibit “Q” incorporated
herein for all purposes and a copy of which shall be made available to view at the City
Secretary’s office along with a copy of the entire study.
F. Service Units. Service units used to determine the amount of impact fees under this
Section shall be expressed in terms of vehicle-mile which shall be the capacity consumed
in a single lane in the PM peak hour by a vehicle making a trip one mile in length and as
further described in the Roadway Impact Fee Study prepared by Kimley Horn dated July
2016 a copy of which shall be made available to view at the City Secretary’s office.
G. Impact fee. In accordance with this Section and based upon the land use assumptions
and capital improvements plan herein, the maximum impact fee per service unit for each
Ordinance No. _____ Page 4 of 10
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service area for roadway impact fees is as set forth in Table 9 of the Roadway Impact
Fee Study prepared by Kimley Horn dated July 2016 and which is attached hereto as
Exhibit “R” and a copy of which shall be made available to view at the City Secretary’s
office. In accordance with this Section and based upon the land use assumptions and
capital improvements plan herein there is hereby imposed a roadway impact fee per
service unit for each service area for roadway impact fees again as set forth in Exhibit
“R” but with a waiver for the actual amount to be collected as set forth in Exhibit “S”
attached hereto, incorporated herein for all purposes and a copy of which shall be made
available to view at the City Secretary’s office.
H. Assessment and Collection. Assessment and collection of the impact fee established
under this Section shall be as set forth herein and in accordance with applicable state
law. Assessment shall occur at time of final plat approval by the City Planning and Zoning
Commission when platting is required. If platting is not required, assessment shall occur
at the earliest time allowed by law or by agreement as allowed by law.
I. Credits. The City may credit the contribution of land, construction of improvements or
funding for construction of any capital improvement that is a part of the capital
improvements plan adopted under this Section or that otherwise affects it and that is
required or agreed to by the City, pursuant to rules established in this Section or pursuant
to administrative guidelines promulgated by the City which may be amended from time to
time.
In determining such credit, the maximum impact fee set forth in Exhibit “R” may be
used to assist in approximating and determining the appropriate roadway contributions
related to new development. It is expressly declared that where the roadway impact fee
collected is less than the maximum, same shall not automatically create a credit equal to
the maximum impact fee, nor automatically create an exception to other applicable rules
and regulations.
J. Accounting. Funds collected through the adoption of the impact fees set forth in this
Section shall be deposited in interest-bearing accounts clearly identifying the category of
capital improvements or facility expansions within the service area for which the fee is
adopted.
K. Certification. The City Council of the City certifies that none of the impact fees under
this section will be used or expended for an improvement or expansion not identified in
the capital improvements plan
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EXHIBIT O: SERVICE AREAS FOR CITY-WIDE ROADWAY IMPACT
FEES
EXHIBIT P: LAND USE ASSUMPTIONS FOR CITY-WIDE ROADWAY
IMPACT FEES
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EXHIBIT Q: CAPTIAL IMPROVEMENTS PLANS FOR CITY-WIDE
ROADWAY IMPACT FEES
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EXHIBIT R: MAXIMUM FEE PER SERVICE UNIT FOR ROADWAY IMPACT FEES
EXHIBIT S: COLLECTION RATE PER SERVICE UNIT FOR ROADWAY IMPACT FEES
Date of building
permit
application
12/1/2016-11/30/2017
12/1/2017-11/30/2018
On or After 12/1/2018
Service Areas Land Use Type Land Use Type Land Use Type
Res. Non-Res. Res. Non-Res. Res. Non-Res.
A $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
B $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
C $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
D $0.00 $0.00 $187.50 $40.00 $375.00 $80.00
Service Areas Maximum Assessable
Roadway Impact Fee
Per Service Unit
Service Area A 1,061 $
Service Area B 1,072 $
Service Area C 2,556 $
Service Area D 4,037 $
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0726 Name:College Hills Rezoning
Status:Type:Rezoning Agenda Ready
File created:In control:10/31/2016 City Council Regular
On agenda:Final action:11/10/2016
Title:Public Hearing, presentation, possible action, and discussion on 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 GS General
Suburban to GC General Commercial for approximately 1.229 acres being Lots 1, 2, 3, 4, 7, 8, and
10, Block 18, of College Hills Estates 4th Installment, according to the plat thereof recorded in Volume
104, Page 243 of the Deed Records of Brazos County, Texas, and located at 100, 102, 104, 106, 112,
and 204 George Bush Drive East.
Sponsors:Jennifer Prochazka
Indexes:
Code sections:
Attachments:Aerial & Small Area Map
Background
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion on 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 GS General
Suburban to GC General Commercial for approximately 1.229 acres being Lots 1, 2, 3, 4, 7, 8, and
10, Block 18, of College Hills Estates 4th Installment, according to the plat thereof recorded in
Volume 104, Page 243 of the Deed Records of Brazos County, Texas, and located at 100, 102, 104,
106, 112, and 204 George Bush Drive East.
Relationship to Strategic Goals:
·Diverse Growing Economy
Recommendation(s): The Planning & Zoning Commission unanimously recommended approval of
the request at their October 20, 2016 regular meeting.
Summary:
PROPOSAL
The proposed rezoning from GS General Suburban to GC General Commercial is to allow for infill commercial
redevelopment opportunities in proximity to Texas A&M University. The subject properties are located along
the south side of George Bush Drive East, just north of existing commercial development. The lots are
currently developed as single-family residential homes. While the properties are likely too small to redevelop
for commercial uses on their own, there is opportunity for consolidation of lots for a larger redevelopment
effort. As currently zoned, the properties could redevelop on a lot-by-lot basis, potentially precluding future
commercial redevelopment in the area. This area was recently identified by Staff as a prime location for
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needed general commercial redevelopment and as a targeted area for commercial preservation.
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 Redevelopment. This area is
included in Redevelopment Area II in the Comprehensive Plan, stating the following: includes a
number of underperforming land uses that, due to their proximity to two of the busiest corridors in the
City, are poised for redevelopment. Much of the area is currently subdivided into small lots, making it
difficult to assemble land for redevelopment. A portion of this area includes the current City Hall, which
offers the opportunity to redevelop a larger parcel if City Hall is relocated to the Municipal Center
District. The proximity of existing neighborhoods and the Texas A&M University campus requires
careful site planning and appropriate building design. These efforts should be complimentary to the
Area V: Hospitality corridor plan, the neighborhood plan for the Eastgate area, and the Texas A&M
University Campus Master Plan and should focus on bringing vertical mixed-use and other aspects of
urban character to this portion of the City.
The Eastgate Neighborhood Plan includes discussion of this area and specifically states the following:
The block bounded by George Bush Drive East, Texas Avenue South and Dominik Drive is split with
two character designations. The lots on the north side of the block that front George Bush Drive East
are designated as Urban and Redevelopment in the Comprehensive Plan and are developed as single-
family residential. The lots on the block face fronting Dominik Drive are designated as Urban Mixed
Use and Redevelopment and are developed with commercial uses. With aging commercial properties
and single-family rental dwellings, the area is poised for redevelopment and consolidation of property
on both sides of the block. In addition, given the block’s location in the City and proximity to major
thoroughfares, Texas Avenue South (six-lane major arterial) and George Bush Drive East (four-lane
major collector), more intense development is anticipated. To create more consistency in the future
development pattern, both block faces should be designated Urban with an emphasis on creating
mixed-use opportunities.
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.”
The proposed rezoning is in compliance with the Comprehensive Plan and related master plans.
2.Compatibility with the present zoning and conforming uses of nearby property and with the
character of the neighborhood: Discrepancies currently exist in zoning and future land use and
character in the area that could lead to unintended development scenarios that are contrary to the
character desired by area residents. Lots along the south side of George Bush Drive East are currently
zoned GS General Suburban and developed as single-family homes. Properties to the south are zoned
GC General Commercial and are developed as such. As the block is rezoned, consolidated, and
redeveloped, the proposed GC General Commercial zoning will be consistent and compatible. The
subject area is located at the periphery of the Eastgate neighborhood in a redevelopment area.
3.Suitability of the property affected by the amendment for uses permitted by the district that
would be made applicable by the proposed amendment: The block is surrounded by major
thoroughfares. The proposed rezoning is for seven lots along the south side of George Bush Drive
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East. The south side of the block (facing Dominik Drive) is already zoned GC General Commercial. As
properties continue to rezone for redevelopment in this area and properties consolidate, the area
becomes most 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 subject properties along
George Bush Drive East are currently zoned GS General Suburban. The property is suitable for single
-family residential uses, as they are currently developed as such. The lots currently abut commercially
zoned and developed properties and are generally separated from the larger Eastgate neighborhood
by George Bush East Drive.
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 properties are
marketable with their current zoning of GS General Suburban; however, the requested rezoning
provides an opportunity for additional commercial redevelopment near Texas A&M University. The
existing zoning allows for the existing single-family homes to be redeveloped for new single-family
housing on a lot-by-lot basis, potentially precluding redevelopment envisioned by the Comprehensive
Plan.
6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable
and adequate for the proposed use: Water service is available to the properties from existing 8-inch
waterline along the south side of George Bush Drive East. A 6-inch sewer main is located at the rear of
the lots closest to Texas Avenue and an 8-inch sewer main is located in front of the properties that are
located further from Texas Avenue. Drainage is mainly to the southwest toward Texas Avenue.
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 properties have individual residential driveways along George Bush Drive East, designated a
Major Collector on the City’s Thoroughfare Plan. As properties consolidate and redevelop, driveway access
points will be consolidated and reduced.
Budget & Financial Summary: N/A
Attachments:
1. Aerial & Small Area Map
2. Background
3. Ordinance
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NOTIFICATIONS
Advertised Commission Hearing Date: October 20, 2016
Advertised Council Hearing Date: November 10, 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:
College Hills Estates
Property owner notices mailed: 27
Contacts in support: Four (4) at the time of staff report.
Contacts in opposition: None at the time of staff report.
Inquiry contacts: Two (2) at the time of staff report.
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North (Across George
Bush Drive East)
Natural Areas, Urban &
Redevelopment
GS General Suburban
City-owned,
undeveloped
South
Urban & Redevelopment GC General Commercial Retail and
Restaurant
East
(Across Texas
Avenue)
Urban & Redevelopment GS General Suburban Retail and
Restaurant
West
General Commercial &
Redevelopment
GC General Commercial Single-Family
Residential
DEVELOPMENT HISTORY
Annexation: 1939
Zoning: 1939 - Zoned for single-family use upon annexation.
2013 – R-1 Single-Family Residential renamed GS General
Suburban
Final Plat: 1940- College Hills Estates, Fourth Installment
Site development: Existing single-family homes
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 GS GENERAL SUBURBAN TO GC
GENERAL COMMERCIAL ON APPROXIMATELY1.229 ACRES BEING LOTS 1, 2, 3,
4, 7, 8, AND 10, BLOCK 18, FOURTH INSTALLMENT OF COLLEGE HILLS ESTATES
4TH INSTALLMENT, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 104, PAGE 243 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS,
AND LOCATED AT 100, 102, 104, 106, 112, AND 204 GEORGE BUSH DRIVE EAST ,
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as
set out in Exhibit “A” and as shown graphically in Exhibit “B”, attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted
to continue, shall be deemed a separate offense. Said Ordinance, being a penal
ordinance, becomes effective ten (10) days after its date of passage by the City Council,
as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 10th day of November, 2016
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
Ordinance No. _____ Page 2 of 3
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 properties are rezoned from GS General Suburban to GC General Commercial:
approximately 1.229 acres being Lots 1, 2, 3, 4, 7, 8, and 10, Block 18, Fourth Installment of
College Hills Estates 4th Installment, according to the plat thereof recorded in Volume 104, Page
243 of the Deed Records of Brazos County, Texas, and located at 100, 102, 104, 106, 112, and
204 George Bush Drive East; and as graphically depicted in Exhibit “B”:
Ordinance No. _____ Page 3 of 3
EXHIBIT “B”