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Home My WebLink About02/09/2017 - 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, February 9, 2017 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation: • Presentation proclaiming February 11, 2017 as 2-1-1 Day. • Presentation in Recognition of Collaborative Partnerships in Addressing Housing Assistance. Hear Visitors: During this time 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 on the day of the Council meeting. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. Each speaker's remarks are limited to three minutes. A series of timer lights will change from green to yellow and an alarm will sound after two and one-half minutes to signal thirty seconds remaining to conclude the remarks. At three minutes the timer light will change to red and the final alarm will sound. The speaker must then conclude the remarks. The City Council will listen and receive the information presented by the speaker, 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: · January 26, 2017 Workshop · January 26, 2017 Regular Meeting 17-00552a. Sponsors:Mashburn Page 1 College Station, TX Printed on 2/3/2017 February 9, 2017City Council Regular Meeting Agenda - Final WKSHP012617 DRAFT Minutes RM012617 DRAFT Minutes Attachments: Presentation, possible action, and discussion regarding approval of a resolution adding the local government investment pool, LOGIC. 17-00302b. Sponsors:Leonard LOGIC Participation Agreement.pdf LOGIC Resolution.pdf Attachments: Presentation, possible action, and discussion on a resolution adding the Prime account in the local government investment pool, TexPool. 17-00322c. Sponsors:Leonard TexPool Prime Resolution.pdf TexPool Participation Agreement Attachments: Presentation, possible action, and discussion regarding approval of the second renewal of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues, programs and tournaments (Contract Number 12-093) in an amount not to exceed $190,000 per year. 17-00312d. Sponsors:Schmitz Presentation, possible action, and discussion on resolutions authorizing the City Manager or his designees as authorized officials to execute documents necessary for the submission of grant applications for Criminal Justice Division funds from the Office of the Governor. 17-00342e. Sponsors:Norris LPR Resolution.docx Evidence Refrigerator Resolution.docx Attachments: Regular Agenda 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.· A speaker who wishes to include computer -based information while addressing the Council must provide the electronic file to the City Secretary by noon of the Council meeting day when the presentation is planned. The Mayor will recognize individuals who wish to come forward to speak for or against the item. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. On items related to land use and those that would directly impact the speaker's residence or neighborhood, the speaker is encouraged to identify their College Station neighborhood. Each speaker's remarks Page 2 College Station, TX Printed on 2/3/2017 February 9, 2017City Council Regular Meeting Agenda - Final are limited to three minutes. A series of timer lights will change from green to yellow and an alarm will sound after two and one -half minutes to signal thirty seconds remaining to conclude the remarks. At three minutes the timer light will change to red and the final alarm will sound. The speaker must then conclude the 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. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GC General Commercial and OV Overlay to MF Multi -Family for approximately 10.49 acres being Greens Prairie Center PH 2A, Block 5, Lot 1R-2 and Common Area 6, a subdivision of record in Volume 13733, Page 45, of the Official Public Records of Brazos County, Texas, generally located south of William D. Fitch Parkway at the intersection of Arrington Road and Old Arrington Road. 17-00511. Sponsors:Bullock Background Information Aerial and Small Area Map (SAM) Ordinance Caprock Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan -Future Land Use & Character Map from Suburban Commercial to Urban for approximately 6.3 acres generally located at northeast intersection of Crescent Pointe Parkway and Copperfield Parkway. 17-00532. Sponsors:Paz Small Area Map & Aerial Amendment Map Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from O Office to T Townhomes for approximately 6.3 acres being situated in the J .W. Scott Survey, Abstract No. 49, College Station, Brazos County, Texas, and being part of the 137.1386 acre tract described in the deed from College Main Apartments, Ltd ., to Crescent Point, Ltd ., recorded in Volume 5115, Page 10 of the Official Records of 17-00523. Page 3 College Station, TX Printed on 2/3/2017 February 9, 2017City Council Regular Meeting Agenda - Final Brazos County, Texas, generally located at near the northeast intersection of Crescent Pointe Parkway and Copperfield Parkway. Sponsors:Paz Background Information Aerial and Small Area Map Ordinance Attachments: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 2,172 Square Foot Public Utility Easement lying within Lots 6-10, Block 4 of Tauber Addition and a 1,350 Square Foot Public Utility Easement lying within Lots 13-15, Block 4 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas. 17-00544. Sponsors:Bridges Vicinity Map Location Map Ordinance Exhibit A Attachments: Presentation, possible action, and discussion on a nomination to the RELLIS External Advisory Council. 17-00565. Sponsors:Mashburn RELLIS_20170131114924Attachments: 6.Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 7. 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 Page 4 College Station, TX Printed on 2/3/2017 February 9, 2017City Council Regular Meeting Agenda - Final Texas Avenue, College Station, Texas, on February 3, 2017 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 5 College Station, TX Printed on 2/3/2017 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0055 Name:Minutes Status:Type:Minutes Agenda Ready File created:In control:1/31/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Presentation, possible action, and discussion of minutes for: ·January 26, 2017 Workshop ·January 26, 2017 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP012617 DRAFT Minutes RM012617 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: •January 26, 2017 Workshop •January 26, 2017 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: •January 26, 2017 Workshop •January 26, 2017 Regular Meeting College Station, TX Printed on 2/3/2017Page 1 of 1 powered by Legistar™ WKSHP012617 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION JANUARY 26, 2017 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Blanche Brick Jerome Rektorik Linda Harvell Barry Moore Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Spencer Davis, VP Municipal Affairs 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 Mooney at 4:32 p.m. on Thursday, January 26, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:33 p.m. on Thursday, January 26, 2017 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  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; and  Charlton F. Clayton v. City of College Station; Case: 4:16-cv-03485 in the US District Court for the Southern District of Texas Houston Division. WKSHP012617 Minutes Page 2 B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Attorney The Executive Session recessed at 6:00 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. (2i): David Schmitz, Director of Parks and Recreation, provided clarification as to the timeline and citizen initiated origin of the item. 5. Presentation, possible action, and discussion regarding a review of the high speed rail project between Houston and Dallas, which will include a stop in the Brazos Valley. Aubrey Nettles, Special Projects Coordinator, introduced David Hagy and Jeff Moseley with Texas Central Partners to update the Council on their high speed rail project. Mr. Hagy informed the council that this is a privately funded project which will run between Dallas and Houston, a route which ranks highly on feasibility studies. Details were provided on the proposed construction, including details on crossing over existing roadways by viaduct and side-by-side tracks running in opposite directions. The proposed route would have one of its three stops in Brazos County, with trains leaving every thirty minutes and traveling in excess of two hundred miles per hour. The group requested that Council consider a resolution in support of this project. 6. Council Calendar Council reviewed the calendar. 7. 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, FBT/Texas Aggies Go to War, 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 WKSHP012617 Minutes Page 3 Councilmember Shultz reported on the Research Valley Partnership. Councilmember Harvell reported on the Transportation and Mobility Committee. Councilmember Jerome Rektorik reported on the Convention and Visitors Bureau. Mayor Mooney reported on the Texas Municipal League. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 6:51 p.m. on Thursday, January 26, 2017. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM012617 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 26, 2017 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Blanche Brick Jerome Rektorik Linda Harvell Barry Moore Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Spencer Davis, VP Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney 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 Mooney at 7:00 p.m. on Thursday, January 26, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Cpl. Matthew E. Matula. Robert Reinhardt, 1101 Oakhaven Circle, came before council to express his dissatisfaction with the local cable and internet provider, Suddenlink. He requests that the council work to attract more competition to the local market. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  January 12, 2017 Workshop RM012617 Minutes Page 2  January 12, 2017 Regular Meeting 2b. Presentation, possible action, and discussion on Resolution 01-26-17-2b, Resolution 01- 26-17-2b-a, and Resolution 01-26-17-2b-b, authorizing the City Manager or designees as authorized officials to execute documents necessary for the submission of grant applications for State Homeland Security Law Enforcement Terrorism Prevention Activities (LETPA) funds from the Office of the Governor. 2c. Presentation, possible action, and discussion on approving annual tire purchases and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative (Contract 470-14) in the annual not-to-exceed amount of $230,000. 2d. Presentation, possible action, and discussion on an annual blanket purchase order for the purchase of repair parts and repair labor for fire trucks from Siddons -Martin Emergency Group through the BuyBoard Purchasing Cooperative (Contract 481 -15) in an amount not to exceed $120,000. 2e. Presentation, possible action, and discussion regarding Contract No. 17300187 with Jacobs Engineering Group Inc. in the amount of $166,100 for a Needs Assessment and Program for the Utility Service Center. 2f. Presentation, possible action, and discussion regarding approval of construction Change Order No. 1 in the amount of $62,593 to contract 16300522 with Palasota Contracting, LLC for a street rehabilitation project along Nimitz Street from Lincoln Avenue to Ash Street. 2g. Presentation, possible action, and discussion on Ordinance 2017-3852, amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, E “Intersections Controlled by Stop Signs”, Traffic Schedule III - “Stop Signs” by updating the Traffic Control Device Inventory - Schedule III to add stop signs at various intersection approaches. 2h. Presentation, possible action, and discussion on Ordinance 2017-3853, amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, E “Intersections controlled by yield signs”, Traffic Schedule IV - “Yield Signs”, of the Code of Ordinances of the City of College Station, Texas, to add Yield signs by adding Holleman Drive South at FM 2818, Koppe Bridge Road at South Dowling Road, and the Scott and White Drive roundabout. 2i. Presentation, possible action, and discussion regarding Ordinance 2017-3854, amending Chapter 1, General Provisions, Section 1-29 “City Cemeteries Rules and Regulations” - Section 1-29(J)(5), Section 1-29(K)(2)(d), and Section 1-29(K)(3)(g) of the Code of Ordinances of the City of College Station, Texas, as set out in Exhibit “A”, adding foot marker exceptions for family or double monuments in both city cemeteries. 2j. Presentation, possible action, and possible action to ratify the fourth and final renewal of the General Services Agreement for Services with Emergicon to provide ambulance billing, accounts receivable and delinquent account collection services in an amount not to exceed $120,000. RM012617 Minutes Page 3 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion on Ordinance 2017-3855, Budget Amendment #1 amending Ordinance No. 3809 which will amend the budget for the 2016-2017 Fiscal Year in the amount of $6,114,129 and presentation, possible action and discussion on interfund transfer totaling $200,000. May Ellen Leonard, Director of Fiscal Services, noted that the proposed budget amendment is to increase the FY17 budget appropriations by $6,114,129. A summary was provided with a description of the items included on the proposed budget amendment. An interfund transfer was also included. Staff recommends the City Council approve Budget Amendment #1 and recommends approval of the interfund transfer. At approximately 7:14 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:14 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017- 3855, Budget Amendment #1 amending Ordinance No. 3809 which will amend the budget for the 2016-2017 Fiscal Year in the amount of $6,114,129 and presentation, possible action and discussion on interfund transfer totaling $200,000. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017- 3856, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development, GS General Suburban, M- 2 Heavy Industrial, and R-4 Multi-Family to PDD Planned Development District for approximately 39 acres being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, Brazos County, Texas, and being out of the following described tracts: 1) Being all of Lot 1A, Block 1 of The Retreat At College Station Subdivision and being 36.829 acres as described in Plat of record in Volume 12860, Page 99; and, 2) Being a Called 1.693 and a Called 1.69 acre tract as described in deed from County of Brazos to BCS JONES BUTLER 37.26, L.P. of record in Volume 12798, Page 169, all being Official Records of Brazos County, Texas, generally located at 2045 Jones Butler Road, more generally located at the northeast intersection of Jones Butler Road and Harvey Mitchell Parkway South. (FM 2818). Jessica Bullock, Planning and Development Services, stated that the purpose of this request is to include approximately three acres of newly acquired land into the existing PDD for The Retreat at College Station. There are no proposed changes to the meritorious modifications or concept plan for the original PDD approved in December 2014. Since May, the applicant has dedicated the RM012617 Minutes Page 4 easement for the multi-use path, construction of The Retreat at College Station has completed, and all Certificates of Occupancy have been issued in compliance with the original PDD. The Planning and Zoning Commission considered this item at their meeting on January 5, 2017 and recommended approval 6-0. The Bicycle, Pedestrian, and Greenways Master Plan shows a multi-use path on the newly-acquired property. The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their meeting on May 2, 2016. At the time staff recommended approval of the rezoning with the condition that a 20-foot public access easement for the path be dedicated prior to the issuance of any Certificates of Occupancy. The Board recommended approval 6-1. Staff also recommends approval At approximately 7:20 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:20 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017- 3856, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development, GS General Suburban, M-2 Heavy Industrial, and R-4 Multi-Family to PDD Planned Development District for approximately 39 acres being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, Brazos County, Texas, and being out of the following described tracts: 1) Being all of Lot 1A, Block 1 of The Retreat At College Station Subdivision and being 36.829 acres as described in Plat of record in Volume 12860, Page 99; and, 2) Being a Called 1.693 and a Called 1.69 acre tract as described in deed from County of Brazos to BCS JONES BUTLER 37.26, L.P. of record in Volume 12798, Page 169, all being Official Records of Brazos County, Texas, generally located at 2045 Jones Butler Road, more generally located at the northeast intersection of Jones Butler Road and Harvey Mitchell Parkway South. (FM 2818). The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017- 3857, amending Chapter 4, “Business Regulations”, Section 4-1.K., “Itinerant Vendor Permit - Term, Limitations and Regulations”, Section 4-1.M., "Exemptions to Itinerant Vendor Permits", and Chapter 12, “Unified Development Ordinance”, Section 12-7.12.B., “Categories of Outdoor Storage and Display”, exempting mobile medical clinics and related mobile medical services from the itinerant vendor requirements and expanding the number of days allowed for outdoor tent sales. Lance Simms, Director of Planning and Development Services, stated that, per direction by Council at a recent workshop meeting, this ordinance exempts mobile medical clinics and related mobile medical services from the itinerant vendor requirements, expands the number of days allowed for outdoor tent sales to 36 per year, and aligns the requirements for onsite and off-site tent sales. The Planning & Zoning Commission heard the UDO portion of this item on January 5 and voted 6-0 to recommend approval. RM012617 Minutes Page 5 At approximately 7:35 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:35 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017- 3857, amending Chapter 4, “Business Regulations”, Section 4-1.K., “Itinerant Vendor Permit - Term, Limitations and Regulations”, Section 4-1.M., "Exemptions to Itinerant Vendor Permits", and Chapter 12, “Unified Development Ordinance”, Section 12-7.12.B., “Categories of Outdoor Storage and Display”, exempting mobile medical clinics and related mobile medical services from the itinerant vendor requirements and expanding the number of days allowed for outdoor tent sales. The motion carried unanimously. 4. Presentation, possible action, and consideration of a chair appointment for the Historic Preservation Committee. Ian Whittenton, City Secretary’s Office, reported that at the January 12, 2017 meeting, Council appointed Katherine Edwards as Chair of the Historic Preservation Committee. She declined the appointment. Dr. Louis Hodges was unanimously appointed Chairperson of the Historic Preservation Committee. 5. Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Rektorik requested an item reviewing the state franchise agreement with providers of cable and internet services as well as a review of the City conduit available for lease. Mayor Mooney requested an item examining the potential for purchasing land in the ETJ that would be established as park preserves. 6. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:49 p.m. on Thursday, January 26, 2017. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0030 Name:LOGIC Resolution Authorizing Participation Status:Type:Resolution Consent Agenda File created:In control:1/17/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Presentation, possible action, and discussion regarding approval of a resolution adding the local government investment pool, LOGIC. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:LOGIC Participation Agreement.pdf LOGIC Resolution.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a resolution adding the local government investment pool, LOGIC. Recommendation(s):Staff recommends approval of the resolution. Summary:Local Government Investment Cooperative (LOGIC) (the “Pool”) was organized in conformity with the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, and operates as a public funds investment pool under the Public Funds Investment Act. LOGIC is organized and existing as a business trust under the laws of the State of Texas with all Participant funds and all investment assets held and managed in trust by a Board of Trustees for the benefit of the Participants. The Board of Trustees is LOGIC’s governing body and is comprised of employees, officers or elected officials of Participant Government Entities or individuals who do not have a business relationship with the Pool and are qualified to advise it. A maximum of two advisory board members represent the Co-Administrators of the Pool. The Investment Objectives of the LOGIC I Portfolio are to seek preservation of principal, liquidity, and current income through investment in a diversified portfolio of short-term marketable securities. The Portfolio’s maximum final stated maturity is 397 days for fixed rate securities and 24 months for variable rate notes. The Portfolio will maintain a dollar- weighted average portfolio maturity that does not exceed 60 days (or fewer days if required to maintain its rating). Currently, certain rating agencies require a local government investment pool with its highest rating to maintain a dollar-weighted average portfolio maturity that does not exceed 60 days. LOGIC is currently rated “AAAm” by Standard & Poor’s. The Portfolio seeks to maintain a net asset value of $1.00 per Unit and is designed to be used for investment of funds which may be needed College Station, TX Printed on 2/3/2017Page 1 of 2 powered by Legistar™ File #:17-0030,Version:1 at any time. The resolution adds the Local Government Investment Cooperative (LOGIC) as an investment alternative to the City’s portfolio. Budget & Financial Summary:None Reviewed and Approved by Legal:Yes Attachments: 1.Resolution Authorizing Participation in the LOGIC Investment Pools 2.LOGIC Participation Agreement and Trust Instrument College Station, TX Printed on 2/3/2017Page 2 of 2 powered by Legistar™ Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument LOGIC THIS PARTICIPATION AGREEMENT AND TRUST INSTRUMENT (together with any amendments and supplements, referred to as this "Agreement") is made and entered into by and among each of those government entities initially executing this Agreement and any other government entity that is eligible and becomes a party hereto (collectively, the "Participants"). WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA") authorizes the entities described in the PFIA to invest their funds in an eligible public funds investment pool; WHEREAS, each of the Participants qualifies as an entity described in the PFIA; WHEREAS, the Participants desire to establish and maintain a public funds investment pool for the purpose of pooling their local funds for joint investment in accordance with the PFIA and the terms hereof and providing assistance to each other on investment alternatives and on other issues of concern to the Participants; WHEREAS, the Participants desire that the public funds investment pool be entitled Local Government Investment Cooperative (LOGIC) and that it be managed and operated by a board of trustees, which shall be an advisory board under the PFIA; WHEREAS, each of the Participants has duly taken all official action necessary and appropriate to become a party to this Agreement, including the adoption of a rule, order, ordinance, or resolution, as appropriate; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, each Participant agrees that all moneys it transfers to LOGIC on or after the effective date hereof shall be held and managed in trust by the board of trustees for the benefit of the Participant, and the Participants mutually agree as follows: ARTICLE I Definitions and Rules of Construction Section 1.01. Definitions. Except as otherwise provided in this Agreement, the capitalized terms used herein shall have the following meanings unless the context otherwise requires: Account -any account established by a Participant. Additional Party Agreement -a document substantially in the form attached hereto as an Appendix which, when attached to a copy of this Agreement and executed by an Authorized Representative of a Government Entity, constitutes a valid and binding counterpart of this Agreement and results in the Government Entity becoming a party to this Agreement. Administrator -Any person, firm or organization approved by the Board and under contract to provide administrative assistance in connection with the management and operation of the Pool. 50970222.1 Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument 2 Advisor -The registered investment advisor or advisors selected by or at the direction of the Board to provide advice regarding investment of Pool assets pursuant to this Agreement and subject to applicable law. Authorized Investments -those investments which are authorized from time to time to be purchased, sold and invested in under PFIA or other applicable law and further defined in the Investment Policies. Authorized Representative -an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement, on behalf of a Government Entity or other person, firm or organization, as evidenced by a duly adopted resolution or bylaw of the governing body of such Government Entity or other person, firm or organization, a certified copy of which is on file with the Administrator. In the case of a Government Entity that is a combination of political subdivisions under the Act, the Authorized Representatives of any administrative agency appointed by such combination of political subdivisions shall be deemed to be Authorized Representatives for such Government Entities. Board -the governing body of the Pool, known as The Board of Trust~es of Local Government Investment Cooperative. Bylaws -the bylaws adopted by the Board, as the same may be amended from time to time, subject to the requirements of this Agreement. Custodian -any person, firm or organization selected by or at the direction of the Board to have custody of all money, investments and other assets of the Pool pursuant to this Agreement and subject to applicable law. General Manager -any person, firm or organization which has contracted with the Board to provide general management services to the Board. Government Entity -a local government of the State of Texas, as defined in the PFIA, a state agency, as defined in the PFIA, and a nonprofit corporation acting on behalf of a local government or a state agency, including but not limited to an incorporated city or town, a county, a public school district, a district or authority created under art. III, Section 52(b)(l) or (2) of the Texas Constitution, or art. XVI, Section 59 of the Texas Constitution, an institution of higher education as defined by Section 61.003 of the Education Code, a hospital district, or a fresh water supply district. Information Statement -the information statement or any other document distributed to Participants and potential Participants to provide them with a description of the management and operation of the Pool, as the same may be amended from time to time, subject to the requirements of this Agreement. lnterlocal Act -the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as the same may be amended from time to time. Investment Officer -one or more officers or employees of the Board designated as investment officers by the Board. Investment Policies -the written Investment Policies adopted and approved by the Board governing investment and management of Pool assets of different Portfolios, as the same may be amended from time to time, subject to the requirements of this Agreement. Marketing Representative -any person, firm or organization authorized by the Board to promote the Pool. 3 Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument Participants -the Government Entities that are the initial parties to this Agreement and the Government Entities which subsequently become parties to this Agreement. PFIA -the Public Funds Investment Act, Chapter 2256, Texas Government Code, as the same may be amended from time to time . Pool -the public funds investment pool and trust created pursuant to this Agreement. Portfolio -a portfolio of assets in the Pool which are held separate from other assets of the Pool and which are invested with a defined investment objective which may be different from other Portfolios in the Pool, and in which a Participant may elect to invest its funds. State -the State of Texas. Units -equal proportionate units of undivided beneficial interest in the assets of the Pool or of any Portfolio of the Pool from time to time, including fractions of units as well as whole units . ARTICLE II Section 1.02. General Rules of Construction . (a) Whenever in this Agreement the context requires: (1) a reference to the singular number shall include the plural and vice versa; and (2) a word denoting gender shall be construed to include the masculine, feminine, and neuter. (b) The titles given to any article or section of this Agreement are for convenience only and are not intended to modify the article or section. Creation of the Pool and Trust; Purpose and Objective Section 2.01. Creation of the Board. (a) The Participants hereby agree to jointly invest their funds in a public funds investment pool and trust, to be known as Local Government Investment Cooperative (the "Pool") and to create and establish a board of trustees of the Pool (the "Board"), as an advisory board pursuant to the PFIA, an administrative agency pursuant to the Interlocal Act, and as trustee of the funds in the Pool. (b) The Participants delegate to the Pool through its Board, the authority to hold legal title to and manage all money, investments and other assets transferred to or acquired by the Pool pursuant to this Agreement as Pool assets. ( c) The Board shall have the authority to employ personnel, engage in other administrative activities and provide other administrative services necessary to accomplish the purpose of this Agreement. Section 2.02. Purpose and Objective. (a) The first purpose of the Pool is to provide Government Entities with a variety of investment vehicles to best suit their investment needs, with each Portfolio tailored to meet a specific investment need. 4 Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument ARTICLE III (b) The second purpose of the Pool is to provide Government Entities with a forum for discussion of, and to provide education concerning, investments and other issues of concern in public finance. In all cases, however, the Pool will have the following investment objectives in order of priority: safety of principal; liquidity in accordance with the operating requirements of the Participants; and the highest rate of return. (c) In order to accomplish the Pool 's objective, each Participant agrees that the money transferred to a Portfolio within the Pool will be commingled with other money transferred to the Portfolio by other Participants for the purpose of making Authorized Investments, subject to the terms of this Agreement, the Investment Policies and applicable law, thereby taking advantage of investment opportunities and cost benefits available to larger investors. Pool Administration Section 3.01. The Board and the Bylaws (a) The business and affairs of the Pool shall be managed by the Board as governing body of the Pool. (b) The Board is authorized to adopt Bylaws which shall set forth, among other things, the initial Board members, the procedures governing the selection of the members of the Board, the procedure for holding meetings, the election of officers, and other matters necessary or desirable for governance by the Board, and the right of the Board, the General Manager, and other consultants to be indemnified for damages arising from their actions in connection with the Pool. By executing this Agreement, the Participant consents to the Bylaws. By maintaining funds in the Pool after any amendment to the Bylaws becomes effective, the Participant consents to the Bylaws, as amended. The Board has the right to amend any term or provision of the Bylaws, provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, is a material change to the Bylaws. Section 3.02. Powers and Duties of the Board. (a) Subject to applicable Jaw and the terms of this Agreement, the Board shall have full and complete power to take all actions, do all things and execute all instruments as it deems necessary or desirable in order to carry out, promote or advance the investment objective, interests and purposes of the Pool to the same extent as ifthe Board was the sole and absolute owner of the Pool. (b) The Board shall adopt and maintain Investment Policies, consistent with the general objective of the Pool, which shall provide more detailed guidelines for investment and management of Pool assets. By executing this Agreement, the initial Participants consent to the proposed Investment Policies, and the subsequent Participants consent to the Investment Policies then in effect. By maintaining funds in the Pool after any amendment to the Investment Policies becomes effective, the Participant has consented to the Investment Policies, as amended. The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Investment Policies, provided Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument 5 that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on such Participant's investment in the Pool. (c) The Board shall adopt and maintain Operating Procedures, which shall provide more detailed information on the procedures for depositing and withdrawing funds from the Pool. By executing this Agreement, the initial Participants consent to the proposed Operating Procedures, and the subsequent Participants consent to the Operating Procedures then in effect. By maintaining funds in the Pool after any amendment to the Operating Procedures becomes effective, the Participant has consented to the Operating Procedures, as amended. The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Operating Procedures provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on such Participant's investment in the Pool. ( d) The Board shall designate one or more Investment Officers for the Pool who shall be responsible for the investment of Pool assets. ( e) The Board shall prepare, or direct the preparation of an Information Statement that describes how the Pool will operate in accordance with the terms of this Agreement and the Investment Policies. Subject to the terms of this Agreement and the Investment Policies, the Information Statement may be amended or supplemented, notice of which will be provided to Participants in accordance with the disclosure requirements of the PFIA. (f) The Board shall, subject to the limitations established in the Investment Policies, have full and complete power and authority to appoint a general manager and any other service providers deemed necessary or helpful in the operation of the Pool. (g) The Board shall provide, through peer review, seminars, computer mail systems, or other means, information and educational opportunities to Participants on investing and on other issues in the area of public finance. (h) The Board shall have full and complete power to use, or direct the use of, Pool assets for the following purposes: (1) incur and pay any expenses which, in its opinion, are necessary or incidental to or proper for carrying out any of the purposes of this Agreement; (2) reimburse others for the payment thereof; (3) pay appropriate compensation or fees to persons with whom the Pool has contracted or transacted business; and (4) charge a Participant's Account for any special fees or expenses related specifically to transactions in such Account. (i) The Board shall have full power to compromise, arbitrate, or otherwise adjust claims in favor of or against the Pool. G) The Board shall cause financial statements to be prepared and maintained for the Pool and for such statements to be audited annually by an independent certified public accounting firm. (k) The Board may appoint a General Manager to perform managerial services for the Pool, provided that the Board shall continue to oversee the operation and 6 Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument ARTICLE IV management of the Pool and shall have the authority to direct the General Manager to take or not take specific action on behalf of the Pool. (I) The enumeration of any specific power or authority herein shall not be construed as limiting the general power and authority of the Board over the Pool. (m) The Board shall act in good faith in accordance with the purposes of the Pool. Section 3.03. Liability. (a) Neither the Board, the Investment Officers, nor any officers, employees or board members of any of the forgoing shall be held liable for any action or omission to act on behalf of the Pool or the Participants unless caused by such person's willful misconduct or unless constituting a breach of trust for which a trustee may not be relieved of liability under the Texas Trust Code. The Pool shall indemnify and hold harmless (either directly or through insurance) any person referred to in this Section, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Pool, unless the litigation, claim or other proceeding resulted from the willful misconduct of such person or a breach of trust for which a trustee may not be relieved of liability under the Texas Trust Code. (b) Neither the General Manager, the Marketing Representative, the Administrator, the Advisor, the Subadvisor, the Custodian, nor their affiliates, officers, employees or board members shall be held liable for any action or omission to act on behalf of the Pool or the Participants unless such person failed to meet the standard of care required under its agreement relating to the Pool or acted with willful misconduct. The Pool shall indemnify and hold harmless (either directly or through insurance) any person referred to in this Section, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Pool, unless the litigation, claim, or other proceeding is adjudicated to have resulted from such person's failure to meet the standard of care required under its agreement relating to the Pool or its willful misconduct. ( c) The indemnification provisions are described in more detail in the Bylaws. Participation in LOGIC Section 4.01. Eligibility. In order for a Government Entity to become a Participant and transfer money into the Pool, each of the following conditions must be satisfied: (a) The Government Entity must adopt a resolution (1) authorizing it to become a Participant and approving this Agreement, (2) acknowledging the Board's power to supervise the Pool and agreeing that moneys it transfers to the Pool shall be held and managed in trust by the Board for the Government Entity's benefit, (3) approving the investment policies of the Pool (as amended from time to time by 7 Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument the Board) and directing that any conflicting local investment policies shall not apply to Pool investments of the Participant, (4) designating Authorized Representatives of the Participant, (5) designating the Investment Officers appointed from time to time by the Board as the Participant's investment officers who shall be responsible for investing the share of Pool assets representing local funds of the Participant, (6) designating the depository and custodian appointed from time to time by the Board as the Government Entity's depository and custodian for purposes of holding the share of Pool assets representing funds of the Government Entity, and consenting to the terms and conditions specified on the website in order to use the online transaction system; and (b) The Government Entity must become a party to this Agreement by executing an Additional Party Agreement and delivering the same to the Pool, together with a certified copy of the resolution referred to in subsection (a) of this Section, an application in form and substance satisfactory to the Board, and such other information as may be required by the Board. (c) No entity except a Government Entity may be a Participant. The Board shall have sole discretion to determine whether a Government Entity is eligible under Texas law to be a Participant and to designate categories of Government Entities eligible to be Participants in any Portfolio of the Pool. Section 4.02. Participant Accounts. (a) (b) (c) While available local funds of Participants may be commingled for purposes of common investment and operational efficiency, one or more separate Accounts for each Participant in each Portfolio in the Pool designated by the Participant will be established in accordance with the Participant's application to join the Pool and maintained by the Pool. Each Participant shall own an undivided beneficial interest in the assets in the Portfolios in which it invests, calculated as described in the Investment Policies. The Participant agrees that all Pool fees shall be directly and automatically assessed and charged against the Participant's Account. The basic services fee shall be calculated as a reduction in the daily income earned and only the net income shall be credited to the Participant's Account. Fees for special services shall be charged to each Participant's Account as they are incurred or performed. Use of Pool assets for fees shall be made from current revenues available to the Participant. Section 4.03. Reports. The Pool shall submit a written report a least once per month to each Participant. Such report will indicate: (1) the balance in each Account of a Participant as of the date of such report, (2) yield information, (3) all account activity since the previous report, and ( 4) other information required by the PFIA. Section 4.04. Termination. (a) A Participant may withdraw all funds from an Account in accordance with the Investment Policies and Operating Procedures. A Participant may cease to be a Participant under this Agreement, with or without cause, by providing written notice to the Pool at least 10 days prior to such termination. 8 Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument ARTICLE V Pool Assets (b) The Board may terminate a Participant's participation in this Agreement upon at least 30 days' notice if Texas law changes so that such Participant is no longer entitled to join in an eligible public funds investment pool under PFIA, the Interlocal Act, or other applicable law . (c) Upon the vote of a majority of its full membership, the Board may order the termination of this Agreement by directing that all outstanding operating expenses of the Pool be paid and remaining assets of the Pool be distributed to Participants in accordance with their respective pro rata interests. Section 5.01. Investments. Pool assets shall be invested and reinvested by the Pool only in Authorized Investments in accordance with the Investment Policies. Section 5.02. Custody . All money , investments and assets of the Pool shall be held in the possession of the Custodian . ARTICLE VI Miscellaneous Section 6.01. Severability. (a) If any provision of this Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions contained herein or render the same invalid, inoperative or unenforceable to any extent whatsoever. (b) Any participation in this Agreement or transfer of assets to the Pool that is not qualified for any reason shall not terminate this Agreement or the participation of other Participants or otherwise adversely affect the Pool. Section 6.02. Limitation of Rights . This Agreement does not create any right, title or interest for any person other than the Participants and any person who has a contract to provide services to the Pool, and nothing in or to be implied from this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under this Agreement. Section 6.03. Execution of Counterparts . This Agreement may be executed in several separate counterparts, including by Additional Party Agreement, each of which shall be an original and all of which shall constitute one and the same instrument. Section 6.04. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State . Section 6.05. Term . This Agreement shall have an initial term beginning with the effective date set forth below and shall be automatically renewed for one year on such date and each anniversary of such date, except with respect to any Government Entity that may have terminated itself as a Participant or as otherwise provided in Section 4 .05. Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument 9 Section 6.06. Notices. Any notices or other information required or permitted to be given hereunder shall be sent: (a) to the Pool as set forth in the Information Statement, and (b) to a Participant as set forth in its application to become a Participant or as otherwise provided by written notice to the Administrator. Section 6.07. Trust. LOGIC shall be a trust organized and existing under the laws of the State. LOGIC is not intended to be, shall not be deemed to be, and snall not be treated as a general partnership, limited partnership, joint venture, corporation, investment company, or joint stock company. The Participants shall be beneficiaries in LOGIC, and their relationship to the Board shall be solely in their capacity as Participants and beneficiaries in accordance with the rights conferred upon them hereunder. Nothing in this Agreement shall be construed to make the Participants, either by themselves or with the trustees, partners, or members of a joint stock association. Section 6.08. Entire Agreement; Amendments. This Agreement represents the entire agreement and understanding of the Participants . This Agreement may be amended with the approval of the Board, provided that notice of any such amendment is sent to all Participants at least 60 days prior to the effective date thereof. * * * * * Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument 10 Originally executed between Fort Bend County and City of Wichita Falls , Texas as of April 4 , 1994, and amended by the Board and effective March l, 1999 and December 4, 2015. The Board hereby acknowledges its duties as Trustee upon the effective date hereof. * * * * Approved and accepted: The Board of Directors , Local Government Investment Cooperative By: I sl Phil Roberson President Date: December 4, 2015 * Local Government Investment Cooperative (LOGIC) Participation Agreement and Trust Instrument Additional Party Agreement 11 The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Participation Agreement and Trust Instrument to which this page is attached, and thereby become a Participant in the Local Government Investment Cooperative, subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity as defined in such Agreement. Executed this ____ day of __________ , 20 __ Name of Government Entity _C_it_y_o_f _C_o_ll_e_g_e_S_t_a_ti_o_n_ OFFICIAL SEAL OF APPLICANT Required Below Approved and accepted: By: Authorized Representative Karl Mooney, Mayor Printed Name and Title Attest: --------------Authorized Representative Sherry Mashburn, City Secretary Printed Name and Title LOCAL GOVERNMENT INVESTMENT COOPERATIVE {LOGIC} By: FIRSTSOUTHWEST, A DIVISION OF HILLTOP SECURITIES Participant Services Administrator By: ________________ Date: ________ _ Authorized Signer Local Government Investment Cooperative {LOGIC) Resolution RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT AND TRUST INSTRUMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT POOL, DESIGNATING THE BOARD OF TRUSTEES OF THE POOL AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE POOL, APPROVING INVESTMENT POLICIES OF THE POOL , APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS . WHEREAS , the lnterlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "lnterlocal Act"), permits any "local government" to contract with one or more other "local governments" t o perform "governmental functions and services," including investment of public funds (as such phrases are defined in the l nterlocal Act); WHEREAS , the lnterlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas , within the meaning of Chapter 771 of the Government Code , WHEREAS , the Act permits the contracting parties to any interlocal agreement to c reate an admin istrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other adm inistrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code , as amended (the "PFIA"), authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an el igible public funds investment pool , and the Local Government Investment Cooperative (LOGIC) intends to become and remain an eligible publ ic funds investment pool , under the t erms and conditions set forth in PF IA ; WHEREAS, City of College Station (the "Government Entity") desires to enter into that certa in Participation Agreement and Trust Instrument (the "Agreement"), a copy of wh ich is presented with th is Resolution and is incorporated herein by reference , and to become a participant in a public funds investment pool created under the PFIA, to be known as Local Government Investment Cooperative (LOGIC) (the "Pool "); WHEREAS, the Government Entity is a Government Entity as defined in the Ag reement; WHEREAS, the Government Entity desi res to cause administration of the Pool to be performed by a board of trustees (the "Board "), which shall be an advisory board under the PFIA, an administrative agency created under the lnterlocal Act, and trustee of the funds in the Poo l; and WHEREAS, the Government Entity desires to designate the Board as its agency and instrumentality with authority to supervise performance of the agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capital ized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE , BE IT RESOLVED : 1. The Agreement is hereby approved and adopted and , upon execution the reof by an Authorized Representative (defined below) and receipt of the Government Entity's application to join the Pool by the Administrator, the Government Entity shall become a Participant in the Pool for the purpose of investing its available funds in the Pool from time to time in accordance with the terms of the Agreement. 2 . The Board is hereby designated as an agency and instrumentality of the Government En tity , and the Board shall have the authority to supervise performance of the Agreement and the Pool, employ personnel and engage in other administrative activities and provide other administrative services necessary to 509090 11.1 execute the terms of the Agreement. The Government Entity agrees that all moneys it transfers to the Pool shall be held and managed in trust by the Board for the benefit of the Government Entity. 3. The investment policies of the Poo l, as set forth in the document entitled Investment Policies , as summarized in the Information Statement, and as may be amended from time to time by the Board , are he reby adopted as investment policies of the Government Entity with respect to money invested in the Pool , and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in th e Pool. 4 . The following officers , officials or employees of the Government Entity are hereby designated as "Authorized Representatives " within the meaning of the Agreement, with full power and authority to : execute the Agreement, an application to join the Pool and any other documents required to become a Participant; deposit money to and withdraw money from the Government Entity's Pool account from t ime to t ime in accordance with the Agreement and the Information Statement; to agree to the terms for use of the webs ite for onl ine transactions and take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity: 1. Name~. y Templin Title: City ~ana~er Signa re : ~Phone : 979 764 3511 ~~~~~~~~~~~~~~ Email: ktemplin@cstx.gov 2 . Name : Jeffrey Kersten s ;goat"ra J~~ (~~ 3. Name: Mary Ellen Leonard Signature: f'J10" "-1.Jl)MO/). Title: Assistant City Manager Phone: 979-764-37 45 Email: jkersten@cstx.gov Title: Finance Director Phone: 979-764-3645 Email : mleonard@cstx.gov 4 . Name : Michael DeH:y = Title : Treasury Manager Signature: ~~~=~----....'----IP~l1one : 979-764-3852 Email : mdehaven@cstx.gov In accordance with the Pool's procedures , an Authorized Representative shall promptly notify the Poo l in writing of any changes in who is serving as Authorized Representatives . 5. {Required} List the name of the Authorized Representative listed above that will be designated as the Primary Contact and will receive all LOGIC correspondence including transaction confirmations and monthly statements Name: Michael DeHaven, Treasury Manager 509090 11.1 2 6. {Optional} In addition, the following additional Participant representative (not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name: ________________ Title : _______________ _ Signature: ---------------Phone:--------------- Email: ______________ _ Applicant may designate other authorized representatives by written instrument signed by an existing Applicant Authorized Representative or Applicant's chief executive officer. 7 . {Required} Taxpayer Identification Number. Applicant's taxpayer identification number is _7_4_-_6_0_0_0_53_4 ________ _ 8 . {Required} Contact Information . Applicant primary mailing address : 1101 Texas Avenue Applicant physical address (if different): Applicant main phone number: 979-764-3645 Applicants main fax number: 979-764-3571 In addition to the foregoing Authorized Representatives, each Investment Officer of the Pool appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and , as such, shall have responsibility for investing the share of Pool assets representing funds of the Government Entity. Each depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the Government Entity for purposes of holding the share of Pool assets representing funds of the Government Entity . PASSED AND APPROVED this _____ day of _________ , 20 __ By : Karl Mooney, Mayor Printed Name and Title Attest: Sherry Mashburn , City Secretary Printed Name and Title OFFICIAL SEAL OF APPLICANT (REQUIRED BELOW) 50909011.1 3 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0032 Name:TexPool Resolution Authorizing Participation Status:Type:Resolution Consent Agenda File created:In control:1/17/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Presentation, possible action, and discussion on a resolution adding the Prime account in the local government investment pool, TexPool. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:TexPool Prime Resolution.pdf TexPool Participation Agreement Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution adding the Prime account in the local government investment pool, TexPool. Recommendation(s):Staff recommends approval of the resolution. Summary:Organized in 1989, TexPool is the largest and oldest local government investment pool in the State of Texas. TexPool currently provides investment services to over 1,700 communities throughout Texas. The State Comptroller oversees TexPool, and Federated Investors manage the daily operations of the pool under a contract with the Comptroller. TexPool Prime seeks to preserve principal, liquidity, and yield of capital investment consistent with the Texas Public Funds Investment Act (TPFIA). TexPool Prime invests conservatively in U.S. government securities, repurchase agreements, AAA-rated money market mutual funds, commercial paper, and certificates of deposit to provide a safe, efficient, and liquid investment option.TexPool is rated AAAm by Standard & Poor's, the highest rating a local government investment pool can achieve. TexPool, like the City, is governed by the Texas Public Funds Investment Act. The resolution is to add the TexPool Prime account as an investment alternative to the City’s portfolio. Budget & Financial Summary:None Reviewed and Approved by Legal:Yes Attachments: 1.Resolution Authorizing Participation in the TexPool Investment Pools College Station, TX Printed on 2/3/2017Page 1 of 1 powered by Legistar™ 1.U .H. !lllll 1 !!!~*~IJJ !.!.! 1)i;_J~ !!!!!o{l --· --· ·-~.-... --·----··---·-··--- Resolution Authorizing Participation in the TexPool Investment Pools and Designating Authorized Representatives WHEREAS , __ C_ity_o_f_C_o_l_le_g_e_S_t_a_tio_n _______________________ _ ("Participant") is a local government or state agency of the State of Texas and is empowered to delegate to the public funds investment pools the authority to invest funds and to act as custodian of investments purchased w ith local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act ; and WHEREAS , the Texas Local Government Investment Pools ("Tex PoolfTexPool Prim e"), public funds investment pools, were created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal , liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That Participant shall enter into a Participation Agreement to establish an account in its name in TexP oolfTex Pool Prim e , for the purpose of transmitting local funds for investment in TexPoolfTexP oo l Prime. B. That the individuals, whose signatures appear in this Resolution, are authorized representatives of the Participant and are each hereby authorized to transmit funds for investment in Tex Po olfTex Pool Prime and are each further authorized to withdraw funds from time to tim e, to issue letters of instruction , and to take all other actions deemed necessary or appropriate for the investment of local funds. These i 191719171614131511111 Telephone Number I Kelly Templin 191719171614161317171 Printed Name Fax Number I City Manage r I ktemplin@cstx .gov Title Email 191719171614131714151 Telephone Number 19171917161413181 91 91 Fax Number I Assista nt City Manager ljkersten@cstx .gov Title Email a I rY!tJ /,J_£)mrv-J • sirn;;tUre 191719171614131614151 Telephone Number I Mary Ellen Leonard I 9 I 7 I 9 17 I 6 l.4 13 I 5 I 7 I 1 I Printed Name Fax Number I Finance Di rector I lmleonard@cstx .gov 4.~11 l1Av~~I Email 19 17 19171 61413 181512 1 Signature Telephone Number I Michae l DeHaven 1917191716141315171 11 Printed Name Fax Number I Treasury Manage r I mdehaven@cstx .gov Title Email FORM CONTINUES ON NEXT PAGE 1OF2 Authorized Representatives of the Participant (continued) Signature Telephone Number Printed Name Fax Number Title Email List the name of the Authorized Representative provided above that will have primary responsibility for performing transactions and receiving confirma- tions and monthly statements under the Participation Agreement. I Michael DeHaven Printed Name In addition and at the option of the Participant, one additional authorized representative can be designated to perform inqu iry only of selected informa- tion. This limited representative cannot make deposits or withdrawals . If the Participant desires to designate a representative with inquiry rights only, complete the following information. Printed Name Telephone Number Title Fax Number C. That this resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPoolfTexPool Prime receives a copy of any such amendment or revocation . This resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the _ Day of _______ , 20 __ . Document is to be signed by your Board President, Mayor or County Judge and attested by your Board secretary, City Secretary or County Clerk. I City of College Station Name of Participant SIGNED: Signature I Karl Mooney Pr inted Name I Mayor Title AITEST: Signature I Sherry Mashburn Printed Name I City Secretary Title ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX-BANK TexPool P articipant Services 1001 Texas Avenue, Suite 1400 • Houston, TX 77002 Phone: 1-866-TEXPOOL (839-7665) • Fox: 1-866-839-3291 • www.texpool.com Managed and Scrvkcd by 2 OF 2 Federated ® 045340-20 (9/15) TexPool Investment Pools Par ticipation Agreement Preamble this participation agreement (the “agreement”) is made and entered into by and between the comptroller of public accounts (the “comptroller”), acting through the texas treasury safekeeping trust company (the “trust company”), trustee of the texas Local government investment pool (texpool) and texpool prime, (collectively the “texpool investment pools”), and ______________________________________________________(the “participant”). WHEREAS, the interlocal cooperation act, tex goV’t coDe ann, ch. 791 and the public funds investment act, tex. goV’t coDe ann. ch. 2256 (the “acts”) provide for the creation of a public funds investment pool to which any local government or state agency may delegate, by contract, the authority to hold legal title as custodian and to make investments purchased with local funds; WHEREAS, the trust company is a special purpose trust company authorized pursuant to tex. goV’t coDe ann. § 404.103 to receive, transfer and disburse money and securities belonging to state agencies and local political subdivisions of the state and for which the comptroller is the sole officer, director and shareholder; WHEREAS, texpool and texpool prime are public funds investment pools, which funds are invested in certain eligible investments as more fully described hereafter; WHEREAS, the participant has determined that it is authorized to invest in a public funds investment pool created under the acts and to enter into this agreement; WHEREAS, the participant acknowledges that the trust company is not responsible for independently verifying the participant's authority to invest under the acts or to enter this agreement; WHEREAS, the participant acknowledges that the performance of texpool investment pools is not guaranteed by the state of texas, the comptroller, or the trust company and that there is no secondary source of payment for the texpool investment pools; and WHEREAS, in an effort to ensure the continued availability of an investment pool as a vehicle for investment of local government funds and simultane- ously provide for enhancement in services and potential decreases in management and administrative fees, participant and trust company desire to provide in this agreement that the trust company may obtain private professional investment management and related services. NoW THEREfoRE, for and in consideration of the mutual promises, covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other as follows: Article I: Definitions “Account”shall mean any account or accounts, established by the participant in texpool investment pools in accordance with this agreement and the operating procedures (as defined herein), which account represents an undivided beneficial ownership in texpool investment pools. “Authorized Investments”shall mean those investments which are authorized by the investment act (as herein defined) for investment of public funds. “Authorized Representative(s) of the Participant”shall mean any individual who is authorized to execute documents and take such other necessary actions under this agreement as evidenced by the duly enacted resolution of the participant. “Authorized Representative(s) of the Trust Company”shall mean any employee of the comptroller or trust company who is designated in writing by the comptroller or the trust company’s chief executive officer to act as the authorized trust company representative for purposes of this agreement and shall include employees of any private entity performing the obligations of the comptroller under this agreement. “Board”shall mean the advisory board provided for in the investment act (as defined below). “Investment Act”shall mean the public funds investment act, tex. goV’t coDe ann. ch. 2256, as amended from time to time. “Investment Policy”shall mean the written texpool investment pools investment policies, as amended from time to time, relating to the investment and management of funds in texpool investment pools as established by the trust company consistent with the investment act. “Letter of Instruction”shall mean a written authorization and direction to the trust company signed by an authorized representative of the participant. “operating Procedures”shall mean the written procedures established by the trust company describing the management and operation of texpool investment pools, and providing for the establishment of, deposits to and withdrawals from the accounts, as amended from time to time. “Participant”shall mean any entity authorized by the acts to participate in a public funds investment pool that has executed this agreement pursuant to a resolution. “Resolution”shall mean the resolution adopted by the governing body of a local governmental entity authorizing the entity’s participation in texpool investment pools and designating persons to serve as authorized representatives of the participant. form continues on next page 1 of 4 Article II: General Administration Section 2.01. TexPool Investment Pools Defined. (a)texpool investment pools are public funds investment pools created pursuant to the acts. (b)subject to section 6.10, the trust company agrees to manage the participant’s account(s) in accordance with the investment act and the investment policy. Section 2.02. Board. (a)the Board is composed of members appointed pursuant to the requirements of the investment act. (b)the Board shall advise the trust company on the investment policy and on various other matters affecting texpool investment pools, and shall approve fee increases. Section 2.03. General Administration. (a)the trust company shall establish and maintain the investment policy specifically identifying the authorized investments consistent with the investment act and the general policy and investment goals for texpool investment pools. (b)the trust company shall establish and maintain the operating procedures, describing the management and operation of texpool investment pools and providing for procedures to be followed for the establishment of, deposits to, and withdrawals from the accounts and such other matters as are necessary to carry out the intent of this agreement. (c)the trust company shall have the power to take any action necessary to carry out the purposes of this agreement, subject to applicable law and the terms of this agreement. Section 2.04. ownership Interest.each participant shall own an undivided beneficial interest in the assets of texpool investment pools in an amount proportional to the total amount of such participant’s accounts relative to the total amount of all participants’ accounts in texpool investment pools, computed on a daily basis. Section 2.05. Independent Audit.texpool investment pools are subject to annual review by an independent auditor consistent with ch. 2256, tex goV’t coDe ann. in addition, reviews of texpool investment pools may be conducted by the state auditor’s office and the comptroller’s office. the trust company may obtain such legal, accounting, financial or other professional services as it deems necessary or appropriate to assist texpool investment pools in meeting its goals and objectives. Section 2.06. Liability.any liability of the comptroller, the comptroller ’s office, the trust company, representatives or agents of the trust company, any comptroller employee, trust company or any member of the Board for any loss, damage or claim, including losses from investments and transfers, to the participant shall be limited to the full extent allowed by applicable laws. the trust company’s responsibilities hereunder are limited to the management and investment of texpool investment pools and the providing of reports and information herein required. Article III: Participant Requirement Section 3.01. The Participation Agreement. the participant must execute this agreement and provide a resolution authorizing participation in texpool investment pools and designating persons to serve as authorized representatives of the participant and any other documents as are required under, and substantially in the form prescribed by, the operating procedures before depositing any funds into texpool investment pools. the participant must provide an updated resolution designating authorized representatives within 5 business days of the departure of any authorized representative of the participant. Section 3.02. operating Procedures (a)the participant acknowledges receipt of a copy of the operating procedures. the operating procedures describe in detail the procedures required for the establishment of accounts, deposits to and withdrawals from texpool investment pools, and related information. (b)the operating procedures may be modified by the trust company as appropriate to remain consistent with established banking practices and capabilities and when such modification is deemed necessary to improve the operation of texpool investment pools. (c)the participant hereby concurs with and agrees to abide by the operating procedures. Article IV: Investments Section 4.01. Investments.all monies held in texpool investment pools shall be invested and reinvested by the trust company or authorized representatives of the trust company only in authorized investments in accordance with the agreement, the investment policy and the investment act. participant hereby concurs with any such investment so made by the trust company. available funds of texpool investment pools that are uninvested may be held at the trust company’s account at the federal reserve Bank of Dallas, or any designated custodian account, or with a custodian selected by the trust company. all investment assets and collateral will be in the possession of the trust company and held in its book- entry safekeeping account at the federal reserve Bank, any designated custodian account, or with a custodian selected by the trust company. Section 4.02. failed Investment Transaction.in the extraordinary event that a purchase of securities results in a failed settlement, any resulting uninvested funds shall remain in the trust company’s federal Bank of Dallas account, any designated custodian account or with a custodian selected by the trust company. if an alternative investment can be secured after the failure of the trade to settle, texpool investment pools will receive all the income earnings, including but not limited to, any compensation from the purchaser failing in the trade and the interest income from the alternative investment. Section 4.03. Investment Earnings and Losses Allocation.all interest earnings in texpool investment pools will be valued daily and credited to the participant’s accounts monthly, on a pro rata allocation basis. all losses, if any, resulting from the investment of monies in texpool shall also be allocat- ed on a pro rata allocation basis. all earnings and losses will be allocated to the participant’s accounts in accordance with generally accepted account- ing procedures. Section 4.04. Commingling of Accounts.participant agrees that monies deposited in texpool and texpool prime, may be commingled with all other monies held in texpool and texpool prime, respectively for purposes of common investment and operational efficiency. However, each participant will have separate accounts on the books and records of texpool investment pools, as further provided for in the operating procedures. form continues on next page 2 of 4 Article V: fees, Expenses and Reports Section 5.01. fees and Expenses. the participant agrees to pay the amount set forth in the fee schedule. participant agrees that all fees shall be directly and automatically assessed and charged against the participant’s accounts. the basic service fee shall be calculated as a reduction in the daily income earned, thus only the net income shall be credited to the participant’s account. fees for special services shall be charged to each participant’s account as they are incurred or performed. a schedule of fees shall be provided to the participant annually. each participant will be notified thirty (30) days prior to the effective date of any change in the fee schedule. Section 5.02. Reports.a monthly statement will be mailed to the participant within the first five (5) business days of the succeeding month. the monthly statement shall include a detailed listing of the balance in the participant’s accounts as of the date of the statement; all account activity, including deposits and withdrawals; the daily and monthly yield information; and any special fees and expenses charged. additionally, copies of the participant’s reports in physical or computer form will be maintained for a minimum of three prior fiscal years. all records shall be available for inspection at all reasonable hours of the business day and under reasonable conditions. Section 5.03. Confidentiality.the trust company and any private entity acting on behalf of the trust company for purposes of this agreement will maintain the confidentiality of the participant’s accounts, subject to the public information act, tex goV’t coDe ann. ch. 552, as amended. Article VI: Miscellaneous Section 6.01. Notices.any notices, Letters of instructions or other information required or permitted to be given hereunder shall be submitted in writing and shall be deemed duly given when deposited in the u.s. mail postage prepaid or successfully transmitted via facsimile addressed to the parties as follows: to the Participant: participant address city, state, Zip telephone fax to Trust Company with respect to contractual matters or disputes under this agreement: texas treasury safekeeping trust company attn: texpool investment pools rusk state office Building 208 east 10th street austin, tx 78701 telephone: (512) 463-3716 fax no.: (512) 463-0823 to TexPool Investment Pools with respect to operational matters, including enrollment documents; changes to authorized representatives; Bank information sheets; initiation of deposits or withdrawals of funds; changes to addresses; audit confirmation requests; and account inquiry: texpool participant services c/o federated investors inc. 1001 texas ave., suite 1400 Houston, tx 77002 telephone: 1-866-839-7665 (1-866-tex-pooL) fax no.: 1-866-839-3291 (1-866-tex-fax1) the participant and the trust company agree to notify the other of any change affecting this information and agree that unless and until so notified, the other party shall be entitled to rely on the last information provided. Section 6.02. Taxpayer Identification Number.the participant’s taxpayer identification number assigned by the internal revenue service is: ______________________. the participant hereby agrees to notify the trust company of any change affecting this taxpayer identification number and agrees that unless and until so notifies, the trust company shall be entitled to rely on same in providing any and all reports or other information neces- sary or required by the federal tax laws as amended from time to time. Section 6.03. Severability.if any provision of this agreement shall be held or deemed to be in fact illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatsoever. Section 6.04. Execution of Counterparts.this agreement may be simultaneously executed in several separate counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.05. Applicable Law.this agreement shall be governed by and construed in accordance with the laws of the state of texas. Venue for any dispute under this agreement shall be in travis county, texas. form continues on next page 3 of 4 Article VI: Miscellaneous (continued) Section 6.06. Captions. the captions or headings in this agreement are for convenience only and in no way defined, limit or describe the scope or intent of any provisions, articles or sections of this agreement. Section 6.07. Amendments. (a)the trust company shall advise the participant in writing of any amendments to this agreement no less than 45 days prior to the effective date of such amendment. the participant may ratify the proposed amendment of this agreement by letter to the trust company. if the participant elects not to ratify the amendment, the participant may terminate this agreement in accordance with section 6.08. in the event the participant fails to respond in writing to a notice of amendment prior to the effective date of such amendment, this agreement shall be deemed amended. (b)the trust company may periodically revise the operating procedures from time to time as it deems necessary for the efficient operation of texpool investment pools. the participant will be bound by any amendment to the operating procedures with respect to any transaction occurring subse- quent to the time such amendment takes effect, provided, however, that no such amendment shall affect the participant’s right to cease to be a participant. Section 6.08. Termination.this agreement may be terminated by either party hereto, with or without cause, by tendering 30 days prior written notice in the manner set forth in section 6.01 hereof. Section 6.09. Term.unless terminated in accordance with section 6.08, this agreement shall be automatically renewed on each anniversary date hereof. Section 6.10. Assignment.the trust company may enter into an agreement with a third party investment manager to perform its obligations and service under this agreement, provided that such third party investment manager shall manage texpool investment pools according to the investment act, investment policy and in a manner consistent with that directed by the trust company. the trust company also shall have the right to assign its rights and obligations under the agreement to a third party investment manager if the trust company determines that such assignment is in the best interest of the state and participants. in the event a successor pool to texpool or texpool prime is deemed by the trust company to be in the best interest of the state and the participant, the trust company may take any action it deems necessary to assign its rights and benefits under any third party agreements and transfer the assets from texpool investment pools to any successor pool. in Witness Whereof, the parties hereto have caused this agreement to be executed as of the dates set forth below, and the agreement shall be effective as of the latest such date. TEXAS TREASuRY SAfEKEEPING TRuST CoMPANY PARTICIPANT:CoMPTRoLLER of PuBLIC ACCouNTS signature signature printed name printed name title title Date Date CERTIfICATE of INCuMBENCY: the preceding signatory is a duly appointed, acting, and qualified officer of the participant, who, in the capacity set forth above is authorized to execute this agreement. IN WITNESS WHEREof, i have duly executed this certificate as of the ____ day of __________________, 20___. signature printed name title TexPool Participant Services Managed and 1001 Texas Avenue, Suite 1400 ● Houston, TX 77002 Serviced by ee eratdd Phone: 1-866-TEXPOOL (839-7665) ● Fax: 1-866-839-3291 ● www.texpool.com G45340-21 (9/15) oRIGINAL SIGNATuRE AND DoCuMENT REquIRED TEX-ENRoLL 4 of 4 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0031 Name:Agreement with the Brazos Valley Umpires Association For Officiating Services for City Athletic Leagues and Programs Contract #15-124 Renewal Status:Type:Renewal Consent Agenda File created:In control:1/17/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Presentation, possible action, and discussion regarding approval of the second renewal of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues, programs and tournaments (Contract Number 12-093) in an amount not to exceed $190,000 per year. Sponsors:David Schmitz Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of the second renewal of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues, programs and tournaments (Contract Number 12-093) in an amount not to exceed $190,000 per year. Relationship to Strategic Goals: 1.Financially Sustainable City 2.Core Services and Infrastructure 3.Sustainable City Recommendation(s):Staff recommends renewal of the Agreement for Services with the Brazos Valley Softball Umpires Association. Summary:This Renewal Contract Number 15-124 is for a period of one (1) year (18 Feb 2017 - 18 Feb 2018). The contract is for the provision of all officiating services for all City-operated athletic leagues and programs, including Adult and Youth Softball, Adult and Youth Flag Football, Adult and Youth Volleyball, Youth Basketball, and Adult Kickball, as well as tournament play. This blanket contract sets rates for these sports that can cover league play and tournaments, if held. The rates remain the same as the previous contract. Payment for umpire services is made to the Association, prior to each season based on the scheduled games, who then pays the individual umpires for actual games called. A “true up” is College Station, TX Printed on 2/3/2017Page 1 of 2 powered by Legistar™ File #:17-0031,Version:1 calculated at the end of each season to verify actual games called with the Association and the Parks and Recreation Department. Tournaments are handled individually in the same manner. This Agreement for Services is exempt from competitive bidding in accordance with LGC 252.022(a) (7), a procurement that is available from only one source. Budget & Financial Summary:This contract is not to exceed $190,000.00. Funds are budgeted through the Parks and Recreation Departments General Fund, Recreation Fund and Hotel Occupancy Tax budgets. Legal Review: Yes. Attachments: Contract on file College Station, TX Printed on 2/3/2017Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0034 Name:Resolutions for Office of the Governor CJD Funds Status:Type:Resolution Consent Agenda File created:In control:1/20/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Presentation, possible action, and discussion on resolutions authorizing the City Manager or his designees as authorized officials to execute documents necessary for the submission of grant applications for Criminal Justice Division funds from the Office of the Governor. Sponsors:Brandy Norris Indexes: Code sections: Attachments:LPR Resolution.pdf Evidence Refrigerator Resolution.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on resolutions authorizing the City Manager or his designees as authorized officials to execute documents necessary for the submission of grant applications for Criminal Justice Division funds from the Office of the Governor. Relationship to Strategic Goals: ·Financially Sustainable City Recommendation(s): Staff recommends Council approval Summary: The CJD's mission is to create and support programs that protect people from crime, reduce the number of crimes committed, and to promote accountability, efficiency, and effectivenss within the criminal justice system. CJD focuses on the enhancement of Texas' capacity to prevent crime, provide service and treatment options, enforce laws, train staff and volunteers and the restoration of crime victims to full physical, emotional and mental health. This CJD grant will provide 100% funding for the purchase of license plate readers (LPR) and an evidence refrigerator. The LPR will provide an opportunity to process information quickly, giving officers time to react. The evidence refrigerator will provide additional space for evidence that requires cold storage such as sexual assault kits and DWI kits. There is no local match requirement for CJD, but grant funding will only be provided for the initial equiment purchase. Due to this, any other associated costs such as maintenance, repair, or replacement will be the rsponsibility of the grantee agency. Budget & Financial Summary: The purchase of the LPR will cost approximately $17,495. The evidence refrigerator will cost approximately $4,000. College Station, TX Printed on 2/3/2017Page 1 of 2 powered by Legistar™ File #:17-0034,Version:1 Attachments: 1. Resolution for License Plate Readers 2. Resolution for Evidence Refrigerator College Station, TX Printed on 2/3/2017Page 2 of 2 powered by Legistar™ RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEES TO EXECUTE DOCUMENTS NECESSARY FOR THE SUBMISSION OF THE LICENSE PLATE READERS APPLICATION FOR THE OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION (CJD) FUNDS ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES THAT MAY ARISE DURING PROCESSING OF SAID APPLICATION. WHEREAS, the College Station City Council has expressed commitment to providing for the health and safety of its citizens; and WHEREAS, the College Station City Council is dedicated to seeking efficient and effective means to reduce crime and recover evidence; and WHEREAS, the Office of the Governor has issued a Request for Applications for CJD funding to reduce crime and improve the criminal justice system; and WHEREAS, the eligible activities under CJD are consistent with the strategies identified in the College Station Police Department’s Operational Plan; and WHEREAS, eligible activities under CJD can be expected to enhance the City’s existing policing services, and alleviate health and safety concerns; and WHEREAS, the City Council acknowledges the License Plate Readers grant requires the City of College Station to pay any maintenance costs beyond the initial purchase of equipment; now, therefore, BE IT RESOLVED by the College Station City Council hereby approves the submission of the License Plate Readers application to the Office of the Governor, Criminal Justice Division. PART 1: That the City Council hereby authorizes the City Manager or his designees as authorized officials to execute documents necessary for the submission of the License Plate Readers grant application, with Application Number 3303601, for CJD funds to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2: That the City Manager or his designees as authorized officials are given the power to apply for, accept, reject, alter or terminate the License Plate Readers grant documents on behalf of the City of College Station. Resolution No._____________ 2 PART 3: That the City of College Station agrees in the event of loss or misuse of the Criminal Justice Division funds, the City of College Station assures the funds will be returned to the Criminal Justice Division in full. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this _____day of_______________________, 2017. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEES TO EXECUTE DOCUMENTS NECESSARY FOR THE SUBMISSION OF THE EVIDENCE REFRIGERATOR APPLICATION FOR THE OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION (CJD) FUNDS ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES THAT MAY ARISE DURING PROCESSING OF SAID APPLICATION. WHEREAS, the College Station City Council has expressed commitment to providing for the health and safety of its citizens; and WHEREAS, the College Station City Council is dedicated to seeking efficient and effective means to reduce crime and recover evidence; and WHEREAS, the Office of the Governor has issued a Request for Applications for CJD funding to reduce crime and improve the criminal justice system; and WHEREAS, the eligible activities under CJD are consistent with the strategies identified in the College Station Police Department’s Operational Plan; and WHEREAS, eligible activities under CJD can be expected to enhance the City’s existing policing services, and alleviate health and safety concerns; and WHEREAS, the City Council acknowledges the Evidence Refrigerator grant requires the City of College Station to pay any maintenance costs beyond the initial purchase of equipment; now, therefore, BE IT RESOLVED by the College Station City Council hereby approves the submission of the Evidence Refrigerator application to the Office of the Governor, Criminal Justice Division. PART 1: That the City Council hereby authorizes the City Manager or his designees as authorized officials to execute documents necessary for the submission of the Evidence Refrigerator grant application, with Application Number 3303801, for CJD funds to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2: That the City Manager or his designees as authorized officials are given the power to apply for, accept, reject, alter or terminate the Evidence Refrigerator grant documents on behalf of the City of College Station. Resolution No._____________ Page 2 of 2 PART 3: That the City of College Station agrees in the event of loss or misuse of the Criminal Justice Division funds, the City of College Station assures the funds will be returned to the Criminal Justice Division in full. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this _____day of_______________________, 2017. 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:117-0051 Name:Caprock 10 Rezoning Status:Type:Rezoning Agenda Ready File created:In control:1/26/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GC General Commercial and OV Overlay to MF Multi-Family for approximately 10.49 acres being Greens Prairie Center PH 2A, Block 5, Lot 1R-2 and Common Area 6, a subdivision of record in Volume 13733, Page 45, of the Official Public Records of Brazos County, Texas, generally located south of William D. Fitch Parkway at the intersection of Arrington Road and Old Arrington Road. Sponsors:Jessica Bullock Indexes: Code sections: Attachments:Background Information Aerial and Small Area Map (SAM) Ordinance Caprock Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GC General Commercial and OV Overlay to MF Multi-Family for approximately 10.49 acres being Greens Prairie Center PH 2A, Block 5, Lot 1R-2 and Common Area 6, a subdivision of record in Volume 13733, Page 45, of the Official Public Records of Brazos County, Texas, generally located south of William D. Fitch Parkway at the intersection of Arrington Road and Old Arrington Road. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s)::The Planning and Zoning Commission considered this item at their January 19, 2017 meeting, and voted 5-1 to recommend approval. Summary: The property is currently zoned GC General Commercial with a small portion of the OV Corridor Overlay and entitled for commercial uses. The Comprehensive Plan Future Land Use and Character Map designates the property as Urban and within Growth Area II which allows for high-density apartments. College Station, TX Printed on 2/3/2017Page 1 of 5 powered by Legistar™ File #:17-0051,Version:1 The applicant requests a rezoning from GC General Commercial to MF Multi-Family in compliance with the long-range plan for the area. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject property is shown as Urban on the Future Land Use and Character Map. This designation is for areas that have a very intense level of development consisting of townhomes, duplexes, and high-density apartments. This land use also allows for general commercial, office uses, business parks, and vertical mixed-use in growth and redevelopment areas. The subject property is located within Growth Area II which consists of land near the interchange of William D. Fitch Parkway (State Highway 40) and State Highway 6 and land southwest of William D. Fitch Parkway to the current City Limits. This designation states that land with an Urban designation on the Future Land Use and Character Map is appropriate for intense land use activities mentioned above but limits residential activities, excluding units in vertical mixed-use structures, to 25 percent. There is currently one developed residential use, and one site plan for residential use under review in this growth area. There is also a proposed rezoning under consideration for multi-family on approximately 12 acres to the south of this subject property along Arrington Road. Considering these three locations of existing, developing, and potential residential sites, approving this request is within the 25 percent allowance, while still allowing room for future residential development. College Station, TX Printed on 2/3/2017Page 2 of 5 powered by Legistar™ File #:17-0051,Version:1 The proposed rezoning request is in compliance with the Future Land Use and Character Map. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:The surrounding area to the north and west is currently zoned GC General Commercial and OV Overlay and is either developed or has development planned/entitled for commercial uses. Property to the east, across Old Arrington Road, is located outside of City limits in the Extraterritorial Jurisdiction (ETJ). Property in the ETJ is not subject to zoning or land use controls. Property to the south is currently zoned R Rural and is undeveloped. The larger area includes property currently entitled and planned for commercial uses near the intersection of State Highway 6 South, William D. Fitch South (State Highway 40), and Arrington Road a 2-lane major collector. While currently zoned R Rural, land to the south across Arrington Road is shown as Urban on Future Land Use and Character Map and is also within Growth Area II. It is likely that this property will be rezoned in the future to allow for uses in compliance with the City’s long range plan. The proposed rezoning is compatible with present zoning and conforming uses of nearby property and with the character of the neighborhood. 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 MF Multi-Family on approximately 10 acres. The subject property is located to the rear of the Greens Prairie Center and Caprock Crossing subdivisions which currently contain commercial uses. The greater area, located near the intersection of State Highway 6 South and William D. Fitch Parkway (State Highway 40), is currently zoned for commercial uses. While currently entitled for commercial uses, the long range plan for this area also includes opportunity for higher density residential. With quick access to a grocery store, retail shops, restaurants, and service uses, higher density residential is suitable. College Station, TX Printed on 2/3/2017Page 3 of 5 powered by Legistar™ File #:17-0051,Version:1 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: GC General Commercial allows for retail sales and service uses that function to serve the entire community and its visitors. Corridor overlays were established to enhance the image of gateways, key entry points and major corridors in the city. The OV Overlay offers heightened standards for setbacks, signage, building colors, and special restrictions for fuel sales. The subject property is part of the Greens Prairie Center Subdivision and located directly next to the Caprock Crossing Subdivision. Both of these subdivisions are made of existing commercial development, with available land planned for future commercial development. While the subject property is suitable for commercial uses, the Future Land Use and Character Map does allow for rezoning requests for further residential development in the area. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The subject property is currently zoned GC General Commercial with approximately 0.3 acres covered by the OV Overlay and has marketability under this designation. When developing under this designation, the heightened standards for setbacks, signage, building colors, and restrictions for fuel sales, put in place by the overlay would not be applicable due to the small area in the rear corner of the property covered by the overlay. Any development, commercial or residential, would be able to develop using the minimum standards of the Unified Development Ordinance. The applicant states that there are other lots in the area zoned for commercial that are undeveloped and the property is also marketable for multi-family. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use:Water service will be provided by the City of College Station via an existing 12-inch water line stubbed to the property from the northern public way. There is an existing 8-inch sanitary sewer main along the northern side of the tract. The subject property is located in the Alum Creek Drainage Basin. The subject property drains east towards Old Arrington Road. Detention will be required with site development. Drainage and other public infrastructure required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure appear to currently have capacity to adequately serve the proposed use. The subject property has frontage to three roadways: Arrington Road, Old Arrington Road, and a future public way in the Caprock Crossing/Green Prairie Center subdivisions. Arrington Road is designated as a two-lane Major Collector on the Thoroughfare Plan and this section is constructed to the full cross section with two-way center turn lane, bike lanes, and sidewalks. The section of Old Arrington Road adjacent to the property is a County roadway outside the City limits and is constructed as a two-lane rural section. The future public way will consist of a two-way drive with a sidewalk on each side that will connect Old Arrington Road with Greens Prairie Road West, an existing pubic way, and will be constructed at the time of adjacent site development. If driveway access to Old Arrington Road is proposed with the site plan application, the County will need to approve the driveway location and design before the site plan can be approved. A Traffic Impact Analysis (TIA) was required with the rezoning application. The following intersections were included in the analysis: ·William D. Fitch Parkway(SH 40)/Arrington Road, ·Arrington Road/Greens Prairie Road West, College Station, TX Printed on 2/3/2017Page 4 of 5 powered by Legistar™ File #:17-0051,Version:1 ·Arrington Road/Old Arrington Road, ·Arrington Road/South Oaks Drive, ·Arrington Road/Harpers Ferry Road, ·South Oaks Drive/SH 6 southbound frontage road, ·A proposed driveway to Arrington Road, and a proposed driveway to Old Arrington Road. Another multi-family rezoning request is proposed on Arrington Road and the TIA incorporated the anticipated traffic demand associated with that potential project in the analysis as future development. The TIA also included a future growth rate of 10%. TIAs evaluate intersections for Level of Service (LOS), which grades an intersection’s anticipated operating condition on a scale of “A” through “F” (best to worst). The Unified Development Ordinance (UDO) defines LOS “D”, or better, as an acceptable condition while LOS “E” or “F” requires traffic mitigation. The TIA found the intersection of Arrington Road/Greens Prairie Road West is currently operating at a LOS “D” with eastbound approach of Greens Prairie Road West failing at LOS “F”. The City is currently in the design process for a traffic signal and turn lane improvements at the Arrington Road/Greens Prairie Road West intersection. The design is anticipated to be completed in Spring 2017 with installation occurring in the latter portion of 2017. The TIA included the traffic signal and turn lane in the analysis with a development build-out year of 2019. With the installation of the traffic signal at Arrington Road/Greens Prairie Road West by the City, all intersections are anticipated to operate at LOS “D” or better and no other roadway or traffic control improvements are recommended as a result of the proposed development. Budget & Financial Summary:N/A Attachments: 1.Background Information 2.Aerial & Small Area Map (SAM) 3.Ordinance College Station, TX Printed on 2/3/2017Page 5 of 5 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: January 19, 2017 Advertised Council Hearing Date: February 9, 2017 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: Nantucket Preservation Association (HOA) Property owner notices mailed: Eight Contacts in support: None as of the date of the Staff Report Contacts in opposition: None as of the date of the Staff Report Inquiry contacts: Three ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Urban GC General Commercial and OV Overlay Undeveloped South (Across Arrington Road) Urban R Rural Vacant East (Across Old Arrington Road – ETJ) Urban No Zoning – located in the ETJ Large acreage residential & non- residential West Rural GC General Commercial and OV Overlay Day Care DEVELOPMENT HISTORY Annexation: November 2002 Zoning: A-O Agricultural Open upon annexation (2002) C-1 General Commercial (2006) OV Overlay (2006) Renamed GC General Commercial (2012) Final Plat: Greens Prairie Center PH 2A, Block 5, Lot 1R-2 and Common Area 6 (2016) Site development: Temporary Regional Detention Pond ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM GC GENERAL COMMERCIAL AND OV OVERLAY TO MF MULTI-FAMILY FOR APPROXIMATELY 10.49 ACRES BEING GREENS PRAIRIE CENTER PH 2A, BLOCK 5, LOT 1R-2 AND COMMON AREA 6, A SUBDIVISION OF RECORD IN VOLUME 13733, PAGE 45, OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF WILLIAM D. FITCH PARKWAY AT THE INTERSECTION OF ARRINGTON ROAD AND OLD ARRINGTON 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”, and as shown graphically in Exhibit “B” and Exhibit “C”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No.__________________ Page 2 of 5 PASSED, ADOPTED and APPROVED this 9th day of February, 2017 APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No.__________________ Page 3 of 5 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from GC General Commercial and OV Overlay to MF Multi- Family, as graphically depicted in Exhibit “B” and Exhibit “C”. Greens Prairie Center PH 2A, Block 5, Lot 1R-2 and Common Area 6, a subdivision of record in Volume 13733, Page 45, of the Official Public Records of Brazos County, Texas Ordinance No.__________________ Page 4 of 5 EXHIBIT “B” Ordinance No.__________________ Page 5 of 5 EXHIBIT “C” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0053 Name:Comprehensive Plan Amendment – Copperfield & Crescent Pointe Parkway Status:Type:Comprehensive Plan Agenda Ready File created:In control:1/26/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan-Future Land Use & Character Map from Suburban Commercial to Urban for approximately 6.3 acres generally located at northeast intersection of Crescent Pointe Parkway and Copperfield Parkway. Sponsors:Jenifer Paz Indexes: Code sections: Attachments:Small Area Map & Aerial Amendment Map Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan-Future Land Use & Character Map from Suburban Commercial to Urban for approximately 6.3 acres generally located at northeast intersection of Crescent Pointe Parkway and Copperfield Parkway. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at their January 19, 2017 meeting and voted 6-0 to recommend approval. Summary: The applicant is requesting an amendment to the Suburban Commercial to Urban designation on the Comprehensive Plan Future Land Use and Character Map in order to rezone the property to allow for townhome development on 6.3 acres located northeast of Copperfield Parkway and Crescent Pointe Parkway. The subject property and properties to the east, west and south are designated Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map. The property to the north is designated as Urban. REVIEW CRITERIA 1.Changed or changing conditions in the subject area or the City:The subject property is located just south of areas designated Urban on the Comprehensive Plan Future Land College Station, TX Printed on 2/3/2017Page 1 of 4 powered by Legistar™ File #:17-0053,Version:1 Use and Character Map. The adjacent properties are developed as townhomes and zoned R-4 Multi-Family. Since the adoption of the Comprehensive Plan, the land uses in the area have not significantly changed. In recent years, due to the growth in the market, there is a larger need for diverse housing choices and a growing need for affordable housing options within the City. The 11-acre property at the end of Crescent Pointe Parkway, zoned as R-4 Multi-Family, is currently in the development review process for Crescent Pointe Apartments. Within the vicinity, there has been a growing request for residential development on entitled property. The City of Bryan, within a mile of the subject property, has seen a growth in residential and medical facilities in this area. It is evident that there is growing demand and development pressure on the east side of the bypass in both College Station and Bryan. 2.Scope of the request:The request is to amend the Comprehensive Plan Future Land Use and Character Map designation for approximately 6.3 acres from Suburban Commercial to Urban. The amendment would allow for a more intense level of development activity, such as townhomes, duplexes and high-density multi-family. Under the existing land use designation, residential development would not be possible. 3.Availability of adequate information:An Urban designation allows for future development of high-density residential. College Station Utilities will provide water and sewer service to the property and is available to the site. College Station Utilities (CSU) serves properties in this area and is able to provide domestic water & sanitary sewer service to the proposed development, but additional infrastructure improvements may be required when the property is subdivided. A Traffic Impact Analysis is not required due to the size of the property. 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 Comprehensive Plan identifies relevant strategies to achieve this goal, specifically the strategy to develop and maintain, through regular review, a land use plan that identifies, establishes and enhances community character. The subject tract is adjacent to property that is Urban on the Future Land Use Plan and developed as high density residential. Additionally, non- residential land uses will remain on the west side of Copperfield Parkway, a minor arterial. The proposed designation is in an area that is sensitive and complementary to the surrounding land uses. 5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans: The existing Future Land Use & Character designation on the property is Suburban Commercial. This land use is intended for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size and located adjacent to major roads (arterials and collectors). Design of Suburban Commercial structures is compatible in size, roof type and pitch, architecture, and lot coverage with the surrounding single-family residential use. The proposed land use, Urban, is intended for area that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density College Station, TX Printed on 2/3/2017Page 2 of 4 powered by Legistar™ File #:17-0053,Version:1 apartments. The request is appropriate at this location given its consistency with the existing land uses, townhome and multi-family, within the vicinity. In a general urban context, Copperfield Parkway is a 4-lane minor arterial on the City’s Thoroughfare Plan. Due to the subject property’s limited length of frontage along Copperfield Parkway, access will be limited. Crescent Pointe, a local street, currently provides access to all the residential development along the street. Given the multiple driveway entrance requested by commercial properties, an Urban land use may better serve the existing street network and thoroughfare. 6.Compatibility with the surrounding area:The proposed amendment to Urban would allow zoning for high-density residential uses, such as townhomes and apartments. Properties to the north and east, along Crescent Pointe Parkway, are developed or proposed for such uses. Amending the Comprehensive Plan to Urban in this area would compatible with the surrounding area. Additionally, this land use will allow for more affordable housing opportunities within the City. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network: College Station Utilities (CSU) will provide water service via an existing 8-inch main along Crescent Pointe Parkway. Sewer will also be provided by CSU via an existing 12-inch sanitary sewer main along Crescent Pointe and Copperfield Parkway that is treated at the Carter’s Creek Wastewater Treatment Plant. The property is within the Harvey Hillside drainage basin. Detention may be required if the property was not included in the existing regional detention pond. Drainage and other public infrastructure, required with platting or site plan, will be required to be designed and constructed in accordance with the B/CS Design Guidelines. Currently, all existing infrastructure appears to have capacity to adequately serve the proposed change in land use. 8.Impact on the City’s ability to provide, fund, and maintain services:The proposed amendment for the subject property does not negatively impact the City’s ability to provide, fund, and maintain services. 9.Impact on environmentally sensitive and natural areas:The property is located in the Harvey Hillside drainage basin. This area is not recognized as environmentally sensitive. To the northeast, the adjacent property is owned by the City of College Station and is protected from future development given the Harvey Hillside Creek Tributary that exists within the property. 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 Suburban Commercial to Urban on 6.3 acres does not limit the general goals of the Comprehensive Plan. The amendment will allow for dense residential development, similar to adjacent properties, and provide additional affordable housing opportunities for residents of College Station. College Station, TX Printed on 2/3/2017Page 3 of 4 powered by Legistar™ File #:17-0053,Version:1 STAFF RECOMMENDATION Staff recommends approval of the Future Land Use and Character Map amendment request. SUPPORTING MATERIALS 1.Aerial and Small Area Map 2.Comprehensive Plan Map 3.Ordinance College Station, TX Printed on 2/3/2017Page 4 of 4 powered by Legistar™ 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 SUBURBAN COMMERCIAL TO URBAN, FOR APPROXIMATELY 6.3 ACRES GENERALLY LOCATED AT THE NORTHEAST INTERSECTION OF COPPERFIELD PARKWAY AND CRESCENT POINTE PARKWAY, 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.w 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 effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No.__________________ Page 2 of 7 PASSED, ADOPTED and APPROVED this 9th day of February, 2017. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Ordinance No.__________________ Page 3 of 7 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, in hereby amended by adding a new Subsection C.2.w 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 18. South Knoll Area Neighborhood Plan dated September 2013. Ordinance No.__________________ Page 4 of 7 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. Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012 d. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. e. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. f. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. g. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. h. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. i. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. j. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. k. 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. l. 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. m. 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. n. 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. Ordinance No.__________________ Page 5 of 7 o. 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 p. 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. q. 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. r. The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016. s. The approximately 58 acres of land generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension –Ordinance 3830, dated October 27, 2016. t. The approximately 2 acres of land generally located on Corsair Circle north of Pavilion Avenue – Ordinance 3846, dated December 8, 2016. u. The approximately 18 acres of land generally located at the southeast corner of Sebesta Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8, 2016. v. The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block 1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County, Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east, more generally southwest of the intersection of Holleman Drive East and Lassie Laneby – Ordinance 3850, dated January 12, 2017. w. The approximately 6.3 acres of land generally located northeast intersection of Copperfield Parkway and Crescent Pointe Parkway - by this ordinance dated February 9, 2017. 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 3827, dated October 27, 2016. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: Ordinance No.__________________ Page 6 of 7 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 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 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 7 of 7 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 Suburban Commercial to Urban shown as follows: Urban City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0052 Name:Crescent Pointe Townhomes Rezoning Status:Type:Rezoning Agenda Ready File created:In control:1/26/2017 City Council Regular On agenda:Final action:2/9/2017 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 O Office to T Townhomes for approximately 6.3 acres being situated in the J.W. Scott Survey, Abstract No. 49, College Station, Brazos County, Texas, and being part of the 137.1386 acre tract described in the deed from College Main Apartments, Ltd., to Crescent Point, Ltd., recorded in Volume 5115, Page 10 of the Official Records of Brazos County, Texas, generally located at near the northeast intersection of Crescent Pointe Parkway and Copperfield Parkway. Sponsors:Jenifer Paz Indexes: Code sections: Attachments:Background Information Aerial and Small Area Map Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from O Office to T Townhomes for approximately 6.3 acres being situated in the J.W. Scott Survey, Abstract No. 49, College Station, Brazos County, Texas, and being part of the 137.1386 acre tract described in the deed from College Main Apartments, Ltd., to Crescent Point, Ltd., recorded in Volume 5115, Page 10 of the Official Records of Brazos County, Texas, generally located at near the northeast intersection of Crescent Pointe Parkway and Copperfield Parkway. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at the January 19, 2017 meeting and voted 6-0 to recommend approval. Summary: College Station, TX Printed on 2/3/2017Page 1 of 3 powered by Legistar™ File #:17-0052,Version:1 The property is currently zoned O Office and the Comprehensive Plan Future Land Use and Character Map currently designates this property as Suburban Commercial. The applicant seeks a use that is not permitted in O Office and is asking for a Comprehensive Plan Amendment and Rezoning to allow for townhome use. The applicant requests a rezoning from O Office to T Townhouse. If the Comprehensive Plan Amendment is approved, the rezoning will be in compliance with the Comprehensive Plan. If the amendment is denied, the rezoning will not be in compliance. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REZONING REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The property owner has requested an amendment to the Future Land Use and Character Map from Suburban Commercial to Urban. If approved, the subject area will be designated as Urban. This designation is intended for very intense level of development activities, consisting of townhomes, duplexes, and high-density multi-family. The proposed rezoning, T Townhouse, allows for the development of townhomes. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The neighboring property to south is zoned GC General Commercial. It is currently vacant and undeveloped. Across Copperfield Parkway, to the west, the property is zoned O Office and is developed as an office building. The property to the east, owned by the City of College Station, is zoned O Office and is encumbered by a drainage easement due to the Harvey Hillside Tributary that runs within the property and will remain in its existing state. Adjacent to this property, further east, is a townhome development zoned R-4 Multi-family. Also zoned R-4 Multi-Family, is the property to the north and is developed multi-family apartments. The proposed T Townhouse zoning will allow for residential development that is similar or compatible with present zoning and uses of the nearby properties. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The property abuts Copperfield Parkway, a 4-lane Minor Arterial, and Crescent Pointe Parkway, a local street. It is in close proximity of properties that are currently developed as residential and take access from Crescent Pointe Parkway. The subject property is suitable for the proposed zoning district given that the uses and density allowed in T Townhouse are similar to existing land uses in the area and is compatible with the Thoroughfare Plan. The existing zoning district would not allow for residential development but instead would be required to develop as office. 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 vacant and undeveloped. The zoning district allows uses such as office, day care, and personal service shops. Although these uses may be suitable on this property, townhomes would be most suitable given the properties to the north and east are developed for high-density multi-family and townhome. Additionally, due to the property’s frontage to Copperfield Parkway access will be limited to one driveway. Other points of access would be on Crescent Pointe Parkway, which also serves the residential properties. College Station, TX Printed on 2/3/2017Page 2 of 3 powered by Legistar™ File #:17-0052,Version:1 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment:The marketability of the property will increase if rezoned to T Townhouse to allow for dense single-family uses given the use of adjacent property developed in a similar manner. Additionally, this rezoning may allow for affordable housing opportunities to the residents of College Station. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: An existing 8-inch water main crosses Crescent Pointe Parkway to the subject tract and there is an existing 12-inch sewer main along the north and west perimeters of the property. Water and sewer mains will need to be extended to serve all lots at the time of final platting. All utilities are required to be designed and constructed in accordance to the BCS Unified Design Guidelines. The subject property is located in the Harvey Hillsides Drainage Basin. There is no FEMA regulated floodplain in the subject area. Detention will need to be evaluated and designed in accordance with the BCS Unified Stormwater Design Guidelines. The subject tract has frontage to Copperfield Parkway, designated and constructed as a 4-lane Minor Arterial on the Thoroughfare Plan, and Crescent Pointe Parkway, which is a local street constructed to a minor collector standard. A Traffic Impact Analysis (TIA) was not required with the rezoning application based on the requested rezoning acreage in accordance with the Unified Development Ordinance (UDO). Right-of-way dedication is not anticipated with the platting of the tract. Based on street spacing requirements, one access point would be permitted along Copperfield Parkway, which would need to be shared or also provide access to the adjacent commercial lot fronting Harvey Road (SH 30). Multiple access points would be permitted along Crescent Pointe Parkway and would be determined with the platting of the tract. STAFF RECOMMENDATION Staff recommends approval of the rezoning request. SUPPORTING MATERIALS 1. Background information 2. Aerial and Small Area Map 3. Ordinance College Station, TX Printed on 2/3/2017Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: January 19, 2017 Advertised Council Hearing Date: February 9, 2017 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy notification of this public hearing: None Property owner notices mailed: 21 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: None at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (across Crescent Pointe Pkwy) Urban & Natural Area Protected R-4 Multi-Family Multi-Family & City Neighborhood Park South Suburban Commercial GC General Commercial Vacant East Suburban Commercial R-4 Multi-Family Townhomes West (across Copperfield Pkwy) Suburban Commercial O Office Office DEVELOPMENT HISTORY Annexation: 1979 Zoning: Annexation – A-O Agricultural Open October 11, 1979 – Rezoned to M-1 Planned Industrial March 27, 2006 – Rezoned to A-P Administrative Professional January 10, 2013 – A-P Administrative Professional renamed to O Office Final Plat: The property is unplatted. Site development: Property is vacant and undeveloped. ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM O OFFICE TO T TOWNHOUSE FOR APPROXIMATELY 6.3 ACRES BEING SITUATED IN THE J.W. SCOTT SURVEY, ABSTRACT NO. 49, COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING PART OF THE 137.1386 ACRE TRACT DESCRIBED IN THE DEED FROM COLLEGE MAIN APARTMENTS, LTD., TO CRESCENT POINT, LTD., RECORDED IN VOLUME 5115, PAGE 10 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, MORE GENERALLY LOCATED NEAR THE NORTHEAST INTERSECTION OF CRESCENT POINTE PARKWAY AND COPPERFIELD PARKWAY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, and as shown graphically in Exhibit “B” and Exhibit “C”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No. Page 2 of 5 PASSED, ADOPTED and APPROVED this 9th day of February, 2017 APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No. Page 3 of 5 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from O Office to T Townhouse, as graphically depicted in Exhibit “B” and Exhibit “C”. Ordinance No. Page 4 of 5 EXHIBIT “B” Ordinance No. Page 5 of 5 EXHIBIT “C” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0054 Name:PUE Abandonments - Tauber Addition Status:Type:Ordinance Agenda Ready File created:In control:1/26/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 2,172 Square Foot Public Utility Easement lying within Lots 6-10, Block 4 of Tauber Addition and a 1,350 Square Foot Public Utility Easement lying within Lots 13-15, Block 4 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas. Sponsors:Erika Bridges 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 2,172 Square Foot Public Utility Easement lying within Lots 6-10, Block 4 of Tauber Addition and a 1,350 Square Foot Public Utility Easement lying within Lots 13-15, Block 4 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the ordinance. Summary: These two public utility easement abandonments accommodate the design of a new multi- family residential development in Northgate. As a condition of the abandonments, existing public infrastructure within the easements will need to be removed and relocated with site development and additional easements dedicated as needed. The 2,172 Square Foot and 1,350 Square Foot Public Utility Easements are located within Lots 6-10, Block 4 and Lots 13-15, Block 4, respectively, of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas. College Station, TX Printed on 2/3/2017Page 1 of 2 powered by Legistar™ File #:17-0054,Version:1 Budget & Financial Summary: N/A Legal Review: Yes. Attachments: 1.Vicinity Map 2.Location Map 3.Ordinance 4.Exhibit “A” College Station, TX Printed on 2/3/2017Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4940121&GUID=FC8D9A82-6928-487B-BBFA-D6839C49C0F7[2/3/2017 4:01:49 PM] View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4940122&GUID=8EF46869-B43A-40F6-8BC6-E135774B785D[2/3/2017 4:01:53 PM] ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 2,172 SQUARE FOOT PUBLIC UTILITY EASEMENT LYING WITHIN LOTS 6-10, BLOCK 4 OF THE TAUBER ADDITION AND A 1,350 SQUARE FOOT PUBLIC UTILITY EASEMENT LYING WITHIN LOTS 13-15, BLOCK 4 OF THE TAUBER ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 133, PAGE 182, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 2,172 Square Foot Public Utility Easement lying within Lots 6-10, Block 4 and a 1,350 Square Foot Public Utility Easement lying within Lots 13-15, Block 4 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Public Utility Easements”); and WHEREAS, in order for the Public Utility Easements 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 Utility Easements described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Public Utility Easements 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 Utility Easements. 3. There is no anticipated future public need or use for the Public Utility Easements. 4. Abandonment of the Public Utility Easements will not impact access for all public utilities to serve current and future customers. ORDINANCE NO. __________________ Page 2 of 6 PART 2: That the Public Utility Easements as described in Exhibit “A” be abandoned and vacated by the City upon completion of the following condition: 1. That the Applicant shall, upon completion of the removal and relocation of utilities at the owners’ expense, convey by separate instrument or plat to the City a public utility easement in a form acceptable to the City if necessary. PASSED, ADOPTED and APPROVED this _______ day of _________________, 2017 ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. _______________Page 3 of 6 EXHIBIT AORDINANCE NO. _______________Page 4 of 6 EXHIBIT AORDINANCE NO. _______________Page 5 of 6 EXHIBIT AORDINANCE NO. _______________Page 6 of 6 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0056 Name:Appointment Status:Type:Appointment Agenda Ready File created:In control:1/31/2017 City Council Regular On agenda:Final action:2/9/2017 Title:Presentation, possible action, and discussion on a nomination to the RELLIS External Advisory Council. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:RELLIS_20170131114924 Action ByDate Action ResultVer. Presentation, possible action, and discussion on a nomination to the RELLIS External Advisory Council. Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary: The Mayor has received a request from the Texas A&M University System Chancellor for a nomination of potential members to the RELLIS External Advisory Council. Budget & Financial Summary: None Attachments: Letter from John Sharp, Chancellor College Station, TX Printed on 2/3/2017Page 1 of 1 powered by Legistar™