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HomeMy WebLinkAbout05/25/2017 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final - Amended City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, May 25, 2017 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation(s): • Presentation to the A&M Garden Club proclaiming June 4-10, 2017 as National Garden Week • Presentation by the Arts Council awarding the annual College Arts Scholarship to four College Station I.S.D. seniors. 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: ·May 11, 2017 Workshop ·May 11, 2017 Regular Meeting 17-02502a. Page 1 College Station, TX Printed on 5/19/2017 May 25, 2017City Council Regular Meeting Agenda - Final - Amended Sponsors:Mashburn WKSHP051117 DRAFT Minutes RM051117 DRAFT Minutes Attachments: Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for services to move Click 2Gov online payment engine to a new server in an amount not to exceed $1,400. 17-02272b. Sponsors:Roper SPS Quote - Amendment to Master AgreementAttachments: Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Great South Texas Corporation (dba Computer Solutions) for additional electronic storage and services to repurpose existing storage as backup for a not to exceed price of $418.256.26. 17-02282c. Sponsors:Roper Professional Services - Computer Solutions.pdfAttachments: Presentation, possible action, and discussion on approval of a resolution amending the Bylaws of the Spring Creek Local Government Corporation. 17-02342d. Sponsors:Prochazka Resolution Background - Spring Creek LGC Draft Minutes - Spring Creek LGC Attachments: Presentation, possible action, and discussion regarding construction contract 17300351 with Condie Construction Co., Inc., in the amount of $1,794,314 for Phase 1 of the Northeast Sanitary Sewer Trunk Line. 17-02352e. Sponsors:Harmon 17-044 Bid Tabulation Summary Project Location Map - Northeast Trunk Line - Phase 1 Attachments: Presentation, possible action, and discussion regarding approval of Change Order #1 to the construction contract with Larry Young Paving in the amount of $196,515.88 for the construction of the Rock Prairie Road Widening Project. 17-02362f. Sponsors:Harmon Page 2 College Station, TX Printed on 5/19/2017 May 25, 2017City Council Regular Meeting Agenda - Final - Amended Rock Prairie West location map GIS Signed Change Order Attachments: Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and the City of Bryan for maintenance of the Unity Plaza area. 17-02372g. Sponsors:Harmon Unity Plaza ILAAttachments: Presentation, possible action, and discussion regarding awarding Construction Contract No. 17300335 to Dudley Construction in the amount of $297,250 for the construction of the University Drive Loading Zone & Northgate Bollards Project and rejection of Bid No . 16-076 for same University Drive Loading Zone portion of the project. 17-02382h. Sponsors:Harmon Project location map loading zone bollardsAttachments: Presentation, possible action, and discussion regarding the award of an annual contract (Contract No. 17300379) to Larry Young Paving for the Repaving of Utility Cuts as Needed for an amount not to exceed $100,000. 17-02392i. Sponsors:Harmon TabulationAttachments: Presentation, possible action, and discussion on a development agreement between CTX Land Investments, LLC and the City of College Station to facilitate the extension of the Dartmouth at the Harvey Mitchell intersection. 17-02472j. Sponsors:Ruiz Dartmouth EDA with CTX Signature for CC 5-25-17Attachments: Presentation, possible action, and discussion concerning the passage and approval of an ordinance of the City of College Station, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2017 rate review mechanism filings and approving a settlement agreement with attached rate tariffs and proof of revenues. 17-02532k. Sponsors:Nettles 2017.05.02 Staff Report+Attachment 2017.05.02 ORDINANCE & Attachments -Settlement ACSC and Atmos 2017 RRM.pdf Attachments: Page 3 College Station, TX Printed on 5/19/2017 May 25, 2017City Council Regular Meeting Agenda - Final - Amended 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 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 adopting standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreation Programs. 17-02331. Sponsors:Schmitz 2017 Ordinance.docxAttachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to RS Restricted Suburban for approximately 368.5 acres generally located east of Greens Prairie Road West and west of Arrington Road and to the south of Whites Creek Lane. Case #REZ2017-000004. 17-02422. Sponsors:Paz Background Information Aerial and Small Area Map Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified 17-02463. Page 4 College Station, TX Printed on 5/19/2017 May 25, 2017City Council Regular Meeting Agenda - Final - Amended Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to GC General Commercial and NAP Natural Areas Protected for approximately 3 acres being the NE half of Block 4, Lot 1 of the Harvey Hillsides Subdivision, located at 3500 Harvey Road, generally located east of Copperfield Parkway and Harvey Road . Case #REZ2016-000045. Sponsors:Thomas Background Information Aerial and Small Area Map Ordinance Hwy 30 Exxon Rezone Exhibit A Hwy 30 Exxon Rezone Attachments: Presentation, possible action, and discussion approving a resolution authorizing a License Agreement with Bracol Developers LLC pertaining to the 59 square foot encroachment in to the public utility easement area of a portion of a structure located at Lot 2R, Block 4, Prairie View Heights Subdivision, according to the plat recorded in Volume 13331, Page 121 of the Official Records of Brazos County, Texas. 17-02454. Sponsors:Cotter 1 - Vicinity Map 2 - Location Map 3 - Resolution 4 - Exhibit A - License Agreements 5 - Exhibit A-License Agreement (Survey) 6- Application Attachments: Presentation, possible action, and discussion regarding appointments to the Rock Prairie Management District No. 2 Board of Directors. 17-02405. Sponsors:Mashburn MMD letterAttachments: Presentation, possible action and discussion regarding an appointment to the Historic Preservation Committee. 17-02016. Sponsors:Mashburn 7. 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 Page 5 College Station, TX Printed on 5/19/2017 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0250 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:5/12/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion of minutes for: ·May 11, 2017 Workshop ·May 11, 2017 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP051117 DRAFT Minutes RM051117 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: •May 11, 2017 Workshop •May 11, 2017 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: •May 11, 2017 Workshop •May 11, 2017 Regular Meeting College Station, TX Printed on 5/19/2017Page 1 of 1 powered by Legistar™ WKSHP051117 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MAY 11, 2017 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Blanche Brick Jerome Rektorik Linda Harvell Barry Moore Julie Schultz James Benham, arrived after roll call City Staff: Student Liaison Kelly Templin, City Manager Jonah Chen, VP Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 4:32 p.m. on Thursday, May 11, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.087-Econmic incentive Negotiations, the College Station City Council convened into Executive Session at 4:38 p.m. on Thursday, May 11, 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. WKSHP051117 Minutes Page 2  McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas B. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit:  Economic incentives for a project located generally in the vicinity of Tarrow Street and University Drive in College Station The Executive Session recessed at 4:52 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. No items were pulled from Consent for clarification. 5. Presentation, possible action, and discussion regarding the 2017 Planning & Zoning Commission Plan of Work in a Joint Meeting with the Planning & Zoning Commission. With a quorum present, the Joint Workshop with the College Station City Council was called to order by Chair Jane Kee at 6:04 p.m. on Thursday, May 11, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. Present were: Johnny Burns, Jane Kee, Bill Mather, Casey Oldham, Jeremy Osborne, and Elianor Vessali. The Planning and Zoning Commission presented their 2017 Plan of Work. Comp Plan items included the implementation of adopted plans, updating the Thoroughfare Plan, and updating the Bicycle, Pedestrian, and Greenways Plan. Issues regarding Neighborhood Integrity included a traffic calming tool kit and student housing (these are holdovers from 2016). UDO regulatory items includes two items held over from 2016 (the sign ordinance and off-street parking), suburban commercial land use and zoning, bike rack standards, non-residential landscape requirements, and an evaluation if UDO regulations. On-going items are the Pre-Application Conference Semi- Annual Report and economic development quarterly updates. The commissioners have also requested information regarding parkland dedication, a sidewalk fee-in-lieu, and block length and perimeter. There being no further business, Chair Kee adjourned the joint workshop with the College Station City Council at 6:42 p.m. on Thursday, May 11, 2017. 6. Presentation, possible action, and discussion regarding participation in the Advanced Wireless Initiative & Platforms for Advanced Wireless Research (PAWR) Project. Ben Roper, Director of Information Technology, introduced Dr. Walt Magnussen, who briefed the Council on “The Platform for Advanced Wireless Research”, and how we transition to 5G technology. Texas A&M is competing to be one of four universities selected t o participate as a WKSHP051117 Minutes Page 3 Platform for Advanced Wireless Research (PAWR). The research project will invest $400 million over the next seven years in advanced wireless platforms and research. Texas A&M proposed partnering with College Station and Bryan to establish a city-scale experimental open research and testing area to be utilized to test various platforms for experimental 5G equipment. Research focus areas include wireless research, transportation, energy, public safety, and health. The City will be asked to provide an agreement that provides access for three or four nodes in the city, rights of way, pole contact, etc. (the project should fund make ready, permitting and construction costs). Guidance will be sought from City IT, utilities, planning, economic development, etc. Mayor Mooney recessed the Workshop at 7:01 p.m. At 10:03 p.m., the Workshop reconvened. 7. Presentation, possible action, and discussion regarding a master plan for municipal property. This item was postponed to the May 25 meeting. 8. Council Calendar Council reviewed the calendar. 9. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, 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. Councilmember Schultz reported on the Chamber trip to Washington, D.C. Councilmember Rektorik reported on the CVB. Mayor Mooney reported on his trip to Austin to provide testimony and on the Blinn College Brazos Valley Advisory Committee WKSHP051117 Minutes Page 4 10. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 10:07 p.m. on Thursday, May 11, 2017. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM051117 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MAY 11, 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 Jonah Chen, VP Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Mooney at 7:08 p.m. on Thursday, May 11, 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. Presentation proclaiming May 7-13, 2017 as Bryan College Station Travel and Tourism Week. Mayor Mooney presented a proclamation to Shannon Overby, Executive Director, Sydney Murrell, Director of Servicing and Events, proclaiming May 7-13, 2017 as Bryan College Station Travel and Tourism Week. Presentation proclaiming May 21-27, 2017 as National Public Works Week Mayor Mooney presented a proclamation to the Public Works Department, proclaiming May 21- 27, 2017 as National Public Works Week. Presentation proclaiming May as National Bike Month Mayor Mooney presented a proclamation to representatives of the Bicycle, Pedestrian and Greenways Committee, proclaiming May as National Bike Month. RM051117 Minutes Page 2 Presentation proclaiming May 7-13, 2017 as Municipal Clerks Week Mayor Mooney presented a proclamation to the City Secretary’s Office, proclaiming May 7-13, 2017 as Municipal Clerks Week. Hear Visitors Comments Ben Roper, College Station, came before Council to honor the service and sacrifice of Sgt. Christopher Ramirez. Chance Rushing, University Heights Townhomes, representing iMatter Youth, an international non-profit and non-partisan environmental organization focused on empowering youth to take local action. The issue they are championing is renewable energy usage. He asked the City to commit to transition to a 100% renewal energy by 2040 or sooner for the economic benefits, the public health and safety benefits, the national security benefits, and to ensure a livable future. He asked for an Action Plan and Clean Energy resolutions to transition to renewable energy within the next 23 years. Konstantine Giannopoulis, College Station, spoke regarding climate change and said we need to make conscious decisions regarding our environment. Switching to renewable energy is the quickest way to a sustainable future. Kati Stoddard, College Station, spoke regarding the initiative to transitioning to renewable energy. This is necessary to reducing our carbon footprint. She spoke about human health effects due to burning fossil fuels. Darian Davis, College Station, spoke in support of transitioning to 100% renewable energy. We need to lead by example and join the other 28 cities that have joined this movement. Vince Chihak, Bryan, said there are economic benefits to utilizing renewable energy, and there is a 100% consensus that climate change is real. Carlo Chunga Pizallo, College Station, said that College Station is a very car-dependent city. Building more roads will not solve the problem. The city needs to be more walkable, more sustainable, and more renewable. Ashley Daspit, College Station, said reducing carbon emissions is the number one way to cleaner air. Climate change is real and is the greatest global health challenge in the 21st century. We are global citizens and leader on a global stage. Aron Gabremicael, College Station, stated it is important to switch to renewable energy as soon as possible. He spoke about greenhouse gases and how they affect global warming. Joshua Grotte, Bryan, spoke about the feasibility of becoming a completely sustainable city. There are federal subsidies available to help get started. RM051117 Minutes Page 3 Nich Beer, College Station, said he sees the direct effects of poor air quality in his work. A recent study by MIT noted 200,000 premature deaths from air pollutants. Adriane Beer, College Station, spoke on behalf of another citizen. She has an organic farm said the seasons are unpredictable due to climate change. She is also concerned about the water from the Brazos River and the underground water, due to fracking. Dorothy Menefee, College Station, spoke about greenhouse balance and said climate change is very concerning. Switching to renewable energy can mitigate some of the effects. She reitereated the request for an action plan to transition to renewable energy. This will stimulate the economy and improve the quality of life. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  April 27, 2017 Workshop  April 27, 2017 Regular Meeting 2b. Presentation, possible action, and discussion regarding Change Order Numbers 1 and 2 to Greens Prairie Substation Contract Number 17300106 in the total amount of $226,865.20. 2c. Presentation, possible action, and discussion on approval of Resolution 05-11-17-2c, stating that the City Council has reviewed and approved the City's Amended Investment Policy Broker-Dealer List. 2d. Presentation, possible action, and discussion to consider renewing an agreement with the Wellborn Special Utility District to transfer their water through the College Station water system. 2e. Presentation, possible action, and discussion regarding an inter local agreement with the Texas Department of Public Safety, State Administrator of the Texas Law Enforcement Telecommunications System for the use of the Texas Law Enforcement Telecommunications System (TLETS). 2f. Presentation, possible action, and discussion on approving a service contract with Global Payments Direct, Inc. for Merchant Card and Credit Card Payment Processing Services. This service contract is for an initial three (3) year term with an estimated annual not-to- exceed amount of $850,000 for banking fees and service charges. 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 approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA Item 5 was taken out of order and heard first. RM051117 Minutes Page 4 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017- 3882, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Commercial to Urban for approximately 4.74 acres located at 404 Harvey Mitchell Parkway South, generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway. Madison Thomas, Planning and Development, stated that the applicant has requested the proposed Comprehensive Plan Future Land Use and Character Map amendment to Urban as a step toward permitting a multi-family residential housing development with retail space at 404 Harvey Mitchell Parkway South. This development is intended to serve as housing for students at the nearby Texas A&M University. The retail will serve the students in the multi-housing portion and the employees at the adjacent business. The Planning and Zoning Commission considered this item at their April 20 meeting and voted unanimously to recommend approval. At approximately 9:20 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:20 p.m. MOTION: Upon a motion made by Councilmember Moore and a second by Councilmember Benham, the City Council voted five (5) for and two (2) opposed, with Councilmembers Brick and Schultz voting against, to adopt Ordinance 2017-3882, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Commercial to Urban for approximately 4.74 acres located at 404 Harvey Mitchell Parkway South, generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway. The motion carried. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017- 3883, 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 CI Commercial Industrial to PDD Planned Development District for approximately 4.74 acres being situated in the City of College Station, Brazos County, Texas, at 404 Harvey Mitchell Parkway South, generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway. Madison Thomas, Planning and Development, stated that the applicant has requested a Planned Development District rezoning at this location to allow for multi-family development that will consist of attached units that meet the Multi-Family Zoning regulations and accessory commercial uses in the ground level of one of the buildings. Vehicular access will be taken through the adjacent property to the north, via a private access easement. There will be a multi-use path, for walkers and bikers that will be provided through the property. The Planning and Zoning Commission considered this item at the April 20 meeting and voted 6-0 to recommend approval. At approximately 9:36 p.m., Mayor Mooney opened the Public Hearing. RM051117 Minutes Page 5 There being no comments, the Public Hearing was closed at 9:36 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted five (5) for and two (2) opposed, with Councilmembers Brick and Schultz voting against, to adopt Ordinance 2017-3883, 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 Commercial Industrial to Planned Development District for approximately 4.74 acres being situated in the City of College Station, Brazos County, Texas, at 404 Harvey Mitchell Parkway South, generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway. The motion carried. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017- 3884, amending the Comprehensive Plan - Future Land Use & Character Map from Urban to General Commercial and Natural Areas Reserved for approximately 3.2 acres located 3500 Harvey Road, generally located east of Copperfield Pkwy and south of Harvey Road. Madison Thomas, Planning and Development, stated that the applicant has requested the proposed Comprehensive Plan amendment to General Commercial and Natural Areas Reserved as a step toward permitting a commercial development at 3500 Harvey Road. The Commercial land use is intended to provide commercial development for the nearby residents and the greater community. The Natural Areas Reserved land use would protect the floodplain on the property and create a buffer at the south of the property. The Planning & Zoning Commission unanimously recommended approval at their April 20 regular meeting. At approximately 9:39 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:39 p.m. 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 adopt Ordinance 2017- 3884, amending the Comprehensive Plan - Future Land Use & Character Map from Urban to General Commercial and Natural Areas Reserved for approximately 3.2 acres located 3500 Harvey Road, generally located east of Copperfield Pkwy and south of Harvey Road. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017- 3885, amending the Comprehensive Plan Thoroughfare Plan by changing the classification of the extension of Pavilion Avenue, generally located southeast of the intersection of State Highway 6 and Sebesta Road, from a major collector to a minor collector. Jason Schubert, Planning and Development Services, stated that the proposed Thoroughfare Plan amendment changes the classification of the extension of Pavilion Avenue from a major collector to a minor collector. RM051117 Minutes Page 6 The Planning & Zoning Commission considered the rezoning request at their May 4, 2017 regular meeting and recommended approval. Staff also recommends approval. At approximately 9:44 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:44 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017- 3885, amending the Comprehensive Plan Thoroughfare Plan by changing the classification of the extension of Pavilion Avenue, generally located southeast of the intersection of State Highway 6 and Sebesta Road, from a major collector to a minor collector. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017- 3886, amending the Unified Development Ordinance Section 12-8.3.H.2, Platting and Replatting within Older Residential Subdivisions. This item was taken out of order and heard first. Molly Hitchcock, Planning and Development, stated that this amendment corrects language from 2012 that inadvertently allowed lots as small as 5,000 square feet in older residential neighborhoods designated as “Neighborhood Conservation” on the Land Use & Character Map. The proposed ordinance language will clarify the original intent of Section 12-8.3.H.2 and restore protection to older residential neighborhoods. Two versions of the amendment were provided for the Council’s consideration. Version One simply clarifies the original intent of the ordinance. At the suggestion of the P&Z Chair, Version Two includes additional language that provides flexibility when calculating the average lot width. The Planning and Zoning Commission considered this item on May 4 and voted to recommend version two. At approximately 8:15 p.m., Mayor Mooney opened the Public Hearing. Suzanne Droleskey, College Hills Woodlands, said there had been comments the earlier amendment was intentional, but said the evidence indicates it was clearly unintentional. She thanked staff and P&Z for listening to their concerns. She noted Mr. Simms high ethical standards. Gary Halter, College Hills Woodlands, made two points: subdivision changes are often more important than zoning changes, and that the City should change provisions that violate deed restrictions. Lawrence Hunter, College Hills Woodlands, said there were no signs posted and nothing published to alert residents. The timing of public engagement is very important. Neighborhood integrity is the most often contested issue. A concise definition is needed. Restoring the verbiage in the UDO is a great start in that direction. RM051117 Minutes Page 7 Dennis Berthold, College Hills Woodlands, stated his concern with the vagueness of the word “character” in the second version of the amendment endorsed by the P&Z. He said he prefers the first version and then explained what “character” means to him. He noted that neighborhood character is not just about block faces and lot sizes. He stated that community character is more than a guideline for replatting . . . it is a way of life. Nan Crouse, College Hills Woodlands, said she hopes the Council will approve one of the versions tonight. She noted the amount of time she has had to spend defending her neighborhood. Those who have moved from the neighborhood have done so to move to places with more protections in place. Good neighborhoods make good communities. George Dresser, Southside area, said the issue before the Council is driven by the conversion of single-family residences to stealth dorms. He noted that the Appraisal District appears to already be valuing the land as if it is already being used for construction of stealth dorms. Dean Boyd, College Hills Woodlands, said he supported version one, but will be satisfied with either. Joel Cantrell, College Hills Woodlands, said he favors both versions of the amendment. He recommended that rear tier, same tier and opposing block face be considered by the administrator. There being no further comments, the Public Hearing was closed at 8:36 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Version Two of Ordinance 2017-3886, amending the Unified Development Ordinance Section 12-8.3.H.2, Platting and Replatting within Older Residential Subdivisions. The motion carried unanimously. 6. Presentation, possible action, and discussion on Ordinance 2017-3887, authorizing the issuance of up to $70,000,000 in principal amount of “City of College Station, Texas Certificates of Obligation, Series 2017”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to the certificates; and enacting other provisions relating to the subject. 7. Presentation, possible action, and discussion on Ordinance 2017-3888, authorizing the issuance of up to $36,600,000 in principal amount of “City of College Station, Texas General Obligation Improvement and Refunding Bonds, Series 2017”; with no more than $19,000,000 of such amount to be issued to refund the Refunded Obligations and pay costs of issuance of the Bonds and no more than $17,600,000 for new capital projects; delegating the authority to certain City Officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and other procedures relating to said bonds; and enacting other provisions relating to the subject. Items 6 and 7 were taken together. RM051117 Minutes Page 8 Mary Ellen Leonard, Director of Finance, stated they are looking at $17,390,000 in General Obligation Bond projects, and $63,840,000 for Certificates of Obligation projects. The total new money issuance is $81,830,000 including $600,000 in estimated debt issuance costs. The recommended refunding includes $1,740,000 for 2009 bonds (GO refunding), and $12,920,000 for 2009 bonds (CO). The opportunity that is currently before the Council will save the City approximately 9.44% over the remaining life of the issues. The net present value savings includes the debt issuance costs. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Rektorik, the City Council voted seven (0) for and none (0) opposed, to adopt Ordinance 2017- 3887, authorizing the issuance of up to $70,000,000 in principal amount of “City of College Station, Texas Certificates of Obligation, Series 2017”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to the certificates; and enacting other provisions relating to the subject. The motion carried unanimously. 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- 3888, authorizing the issuance of up to $36,600,000 in principal amount of “City of College Station, Texas General Obligation Improvement and Refunding Bonds, Series 2017”; with no more than $19,000,000 of such amount to be issued to refund the Refunded Obligations and pay costs of issuance of the Bonds and no more than $17,600,000 for new capital projects; delegating the authority to certain City Officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and other procedures relating to said bonds; and enacting other provisions relating to the subject. The motion carried unanimously. 8. 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 info rmation or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no proposed agenda items. 9. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 10:03 p.m. on Thursday, May 11, 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:117-0227 Name:SPS Services for Click2Gov Server Move Status:Type:Contract Consent Agenda File created:In control:5/5/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for services to move Click2Gov online payment engine to a new server in an amount not to exceed $1,400. Sponsors:Ben Roper Indexes: Code sections: Attachments:SPS Quote - Amendment to Master Agreement Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for services to move Click2Gov online payment engine to a new server in an amount not to exceed $1,400. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Sustainable City Recommendation(s): Staff recommends approval. Summary: The SPS Click2Gov module is the system in which utility bill payments are made online. These services will assist IT staff in moving the HTE application to a new server, minimizing HTE downtime of the services to citizens. This contract is an Amendment to the H.T.E., Inc. Software and License Agreement dated March 13, 1998 between SPS and the City of College Station. The contract is exempt from competitive bidding by LGC 252.022(a)(7)(A) due to one source based on software copyrights. Budget & Financial Summary: Funds for this purchase are available in the Information Technology FY17 operating budget. Attachments: Sungard Public Sector Quote, as an Amendment to original agreement. College Station, TX Printed on 5/19/2017Page 1 of 1 powered by Legistar™ Add-On Quote Quote Prepared By: 1000 Business Center Drive Lake Mary, FL 32746 Phone:(800) 727-8088 Fax:(407) 304-3301 Email:denise.pratt@sungardps.com Denise Pratt Quote Prepared For: (979) 764-3482 College Station, TX 77842 City of College Station 310 Krenek Tap Road Erin Provazek, Asst IT Director Quote Date Valid Until 07/16/201704/17/2017Q-00026396 Professional Services Product Name Proj Mgmt Training DevelopmentConsulting Total ServicesImpl SvcsProduct Code eGovernment Tech SvcsInstallation 1,400.00K1-3-Rebuild NaviLine Click2Gov3 Server Rebuild Ext Price: - - - - - - 1,400.00 - Totals: - - - $1,400.00 - $1,400.00 - Product & Services Professional Services:$1,400.00 Subtotal:$1,400.00 Total:$1,400.00 License, Project Planning, Project Management, Consulting, Technical Services, Conversion, Third Party Product Software and Hardware Fees are due upon execution of this Quote. Project Management Fees will be invoiced as one combined fee. Training fees and Travel & Living expenses are due as incurred monthly. Installation is due upon completion. Custom Modifications, System Change Requests or SOW's for customization, and Third Party Product Implementation Services fees are due 50% on execution of this Quote and 50% due upon invoice, upon completion. Unless otherwise provided, other Professional Services are due monthly, as such services are delivered. Additional services, if requested, will be invoiced at then-current rates. Any shipping charges shown are estimated only and actual shipping charges will be due upon invoice, upon delivery. Annual Subscription Fee(s): Initial annual subscription fees are due 100% on the Execution Date. The initial annual subscription term for any subscription product(s) listed above shall commence on the Execution Date of this Agreement and extend for a period of one (1) year. Thereafter, the subscription terms shall automatically renew for successive one (1) year terms, unless either party gives the other party written notice of non-renewal at least sixty (60) days prior to expiration of the then-current term. The then-current fee will be specified by SunGard Public Sector in an annual invoice to Customer thirty (30) days prior to the expiration of then-current annual period. SunGard Public Sector Application Annual Support (Maintenance): Customer is committed to the initial term of Maintenance for which the support fee is included in the License fee(s) and begins upon execution of this Quote and extends for a twelve (12) month period. Subsequent terms of Maintenance will be for twelve (12) month periods, commencing at the end of the prior support period. Maintenance fees shown are for the second term of support and which shall be due prior to the start of that term. Fees for subsequent terms of Maintenance will be due prior to the start of each term at the then prevailing rate. Except for the second term of Maintenance for which SunGard Public Sector is committed, subsequent terms will renew automatically until such time a party receives written notice from the other party thirty (30) days prior Payment terms as follows, unless otherwise notated below for Special Payment Terms by Product: Page 1 of 3SunGard Public Sector to the expiration of the then current term. Notification of non renewal is required prior to the start of the renewal term. Customer will be invoiced, and payment is due, upon renewal. Third Party Product Annual Support Fees: The support fee for the initial annual period is included in the applicable Third Party Product License fees(s) unless otherwise stated. Subsequent terms invoiced by SunGard Public Sector will renew automatically at then-prevailing rates until such time SunGard Public Sector receives written notice of non-renewal from the Customer ninety (90) days in advance of the expiration of the then-current term. Notification of non-renewal is required prior to the start of the renewal term. Customer will be invoiced, and payment is due, upon renewal. As applicable for certain Third Party Products that are invoiced directly by the third party to Customer, payment terms for any renewal term(s) of support shall be as provided by the third party to Customer. This Quote constitutes an Amendment to the Software License & Services Agreement and the Maintenance/Support Agreement (together, the “Contract and Agreement”) by and between the parties hereto. The product and pricing information detailed above comprises the “Exhibit 1” schedule or “Supplement” attached to this Amendment. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect. Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party vendor. The Component Systems identified above are “Licensed Programs” or “Licensed Systems” licensed by SunGard Public Sector and are provided in and may be used in machine-readable object code form only. Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately. Travel and living expenses are in addition to the prices quoted above and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. The date of delivery is the date on which SunGard Public Sector delivers, F.O.B. SunGard Public Sector’s place of shipment, the Component Systems to Customer. The SunGard Public Sector application software warranty shall be for a period of one (1) year after delivery. There is no Testing and Acceptance period on the Licensed System(s) herein. Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Contract and Agreement and any amendments thereto shall control unless expressly accepted in writing by SunGard Public Sector to Customer. Third party hardware/software maintenance and/or warranty will be provided by the third party hardware and software manufacturer(s). SunGard Public Sector makes no representations as to expected performance, suitability, or the satisfaction of Customer's requirements with respect to the hardware or other third party products specified in this Quote. The return and refund policy of each individual third party hardware/software supplier shall apply. This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a manufacturer changes any of these respective policies or prices, SunGard Public Sector reserves the right to adjust this proposal to reflect those changes. Should Customer terminate this agreement per any "Term of Contract" Section of the Contract and Agreement, as may be applicable for certain customers, Customer agrees to pay, immediately upon termination, the remaining balance for all hardware, software, and services delivered prior to the termination date together with travel reimbursements, if any, related to the foregoing. Notwithstanding any language in the Contract and Agreement to the contrary, the purchase of support services is NOT necessary for the continuation of Customer's License. Pricing for professional services provided under this quote is a good faith estimate based on the information available to SunGard Public Sector at the time of execution of this Quote. The total amount that Customer will pay for these services will vary based on the actual number of hours of services required to complete the services. If Additional Terms: Page 2 of 3SunGard Public Sector required, additional services will be provided on a time and materials basis at hourly rates equal to SunGard Public Sector’s then-current rates for the services at issue. For training and on-site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of the training or on-site project management plus incurred expenses. Authorized Signature: City of College Station Date:Printed Name: Page 3 of 3 SunGard Public Sector City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0228 Name:Electronic Storage and Upgrade Services Contract Status:Type:Contract Consent Agenda File created:In control:5/8/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Great South Texas Corporation (dba Computer Solutions) for additional electronic storage and services to repurpose existing storage as backup for a not to exceed price of $418.256.26. Sponsors:Ben Roper Indexes: Code sections: Attachments:Professional Services - Computer Solutions.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Great South Texas Corporation (dba Computer Solutions) for additional electronic storage and services to repurpose existing storage as backup for a not to exceed price of $418.256.26. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Staff recommends approval Summary: In January 2014, the City purchased approximately 80TB of electronic storage to provide file and document storage and redundancy and backup of servers. This storage was anticipated to meet city needs for the next 5 years. Electronic storage needs have increased faster than anticipated and additional storage is needed. This project will replace the existing primary storage system with a newer, more capable system, with almost 3 times the capacity, and will repurpose the existing storage for use as a backup for disaster recovery purposes. Budget & Financial Summary: Funding for this project is included in the Technology Capital Projects Fund as part of the Storage Upgrade Project, CO 1703. Attachments: Professional Services Contract College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0228,Version:1 College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0234 Name:Spring Creek LGC Bylaws Amendment Status:Type:Resolution Consent Agenda File created:In control:5/9/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion on approval of a resolution amending the Bylaws of the Spring Creek Local Government Corporation. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Resolution Background - Spring Creek LGC Draft Minutes - Spring Creek LGC Action ByDate Action ResultVer. Presentation, possible action, and discussion on approval of a resolution amending the Bylaws of the Spring Creek Local Government Corporation. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the amendment to the Bylaws. The Spring Creek Local Government Corporation approved the Bylaws, as amended, at their meeting on April 19, 2017. Summary: City Council approved the creation of the Spring Creek Local Government Corporation (LGC), including the Certificate of Formation and Bylaws, on February 23, 2017. The Spring Creek LGC held their first meeting on April 19, 2017. At that time, the Board adopted the Bylaws with an amendment to Section 6.03 concerning conflicts of interest to mirror the requirements of Section 116 of the City of College Station’s City Charter. Budget & Financial Summary: N/A Attachments: 1) Resolution 2) Background - Spring Creek LGC College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0234,Version:1 3) Draft Minutes - Spring Creek LGC College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING RESOLUTION NO. 02-23-17-04 BY APPROVING AN AMENDED VERSION OF THE SPRING CREEK LOCAL GOVERNMENT CORPORATION’S BYLAWS. WHEREAS, on February 23, 2017, the City Council of the City of College Station, Texas, adopted Resolution No. 02-23-17-04 approving the proposed Spring Creek Local Government Corporation’s Bylaws; and WHEREAS, on April 19, 2017, the Spring Creek Local Government Corporation’s Board of Directors held its first organizational meeting to consider adoption of its Bylaws; and WHEREAS, on that date the Board of Directors took action to adopt the proposed Bylaws with an amendment to Section 6.03 of the Bylaws concerning conflicts of interest to mirror the requirements of Section 116 of the City of College Station’s City Charter; and WHEREAS, the City Council of the City of College Station, Texas, desires to take action to approve the Bylaws of the Spring Creek Local Government Corporation as amended by the Board of Directors; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby amends Resolution No. 02-23-17-04 by approving Spring Creek Local Government Corporation’s Bylaws as amended by the Corporation’s Board of Directors on April 19, 2017. PART 2: That this Resolution shall take effect immediately from and after its passage. ADOPTED this 25th day of May, 2017. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Background on the Local Government Corporation: The Spring Creek Local Government Corporation was created by the City Council on February 23, 2017. The purpose of a public non-profit corporation is to assist with economic development efforts and oversee the implementation of the Spring Creek Corporate Campus. The Local Government Corporation is a local tool to promote, develop, and encourage employment and economic development anchored by the City of College Station's next business park. The City purchased the Spring Creek Campus property in 2000 and 2001 with two purposes. First, to develop the City's next business park to recruit primary jobs, including light industrial and manufacturing uses. Second, to protect existing greenways along Spring Creek as part of the Greenways Master Plan. Additional acreage was purchased more recently for the electrical substation and the preservation of greenways north of the substation. The total size is approximately 484 acres of which roughly 260 acres is available for private development. The Spring Creek Local Government Corporation will oversee the development of this property. The corporation is governed by a Board of five Directors that was appointed by the City Council on February 23, 2017, at the time the Articles of Incorporation and Bylaws were adopted. The corporation has the power to acquire, own, and dispose of real estate subject to the approval of the City Council. The corporation may also authorize improvements to real estate including basic infrastructure, streets, buildings and signage. The Certificate of Formation and Bylaws for the corporation provides the overall framework. Additional City Council action is required to activate this corporation, including transfer of property into the corporation and funding the activities of the corporation. Minutes of Spring Creek Local Government Corporation Board of Directors Meeting Wednesday, April 19, 2017 at 1:00 p.m. College Station City Hall – Council Chambers 1101 Texas Avenue College Station, Texas 77840 Directors Present: Karl Mooney, President Julie Schultz, Vice President James Benham, Treasurer Jane Kee, Secretary John Nichols, Director City Staff Present: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Natalie Ruiz, Director of Economic Development Jennifer Prochazka, Economic Development Manager 1. Call to order. With a quorum present, the Spring Creek Local Government Corporation Board of Directors meeting was called to order by President Mooney at 1:07 p.m. on Wednesday, April 19, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Presentation and discussion relating to the Articles of Incorporation, Bylaws of the Spring Creek Inc., and procedures related to the Spring Creek Inc. Board of Directors. Jennifer Prochazka, Economic Development, presented an overview of the Articles of Incorporation and Bylaws of the Board. No action was taken. 3. Discussion, consideration, and possible action relating to the election of Officers to the Spring Creek Inc. Board of Directors. MOTION: Upon motion made by Director Benham and a second by Director Nichols, the Board voted five (5) for and none (0) opposed to the following Officer appointments: President: Karl Mooney Vice President: Julie Schultz Treasurer: James Benham Secretary: Jane Kee 4. Discussion, consideration, and possible action relating to the adoption of the Bylaws of the Spring Creek Local Government Corporation. Director Benham recommended amending the Bylaws to mirror the City Council’s policy related to conflict of interest. MOTION: Upon motion made by Director Benham and a second by Director Schultz, the Board voted five (5) for and none (0) opposed to adopt the proposed Bylaws with an amendment to Section 6.03 of the Bylaws concerning conflicts of interest to mirror the requirements of Section 116 of the City of College Station’s City Charter. 5. Discussion, consideration, and possible action relating to next steps and upcoming activities of the Spring Creek Local Government Corporation. Natalie Ruiz, Economic Development Director, discussed potential upcoming Board activities, including a budget for next fiscal year, an update of projects in the Spring Creek area, potential land sale in the Spring Creek Business Park, and a potential master plan for the Spring Creek Business Park. Director Benham recommended that future Spring Creek LGC meetings be held on the same day as Council Economic Development Committee Meetings. No action was taken. 6. Adjourn. There being no further business, President Mooney adjourned the Spring Creek LGC Board Meeting. At approximately 1:45 p.m. on Tuesday, April 19, 2017. _________________________________________ Karl Mooney, President Spring Creek, Inc. ATTEST: _________________________ Jane Kee, Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0235 Name:Northeast Sanitary Sewer Trunk Line Phase 1 Status:Type:Contract Consent Agenda File created:In control:5/10/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding construction contract 17300351 with Condie Construction Co., Inc., in the amount of $1,794,314 for Phase 1 of the Northeast Sanitary Sewer Trunk Line. Sponsors:Donald Harmon Indexes: Code sections: Attachments:17-044 Bid Tabulation Summary Project Location Map - Northeast Trunk Line - Phase 1 Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding construction contract 17300351 with Condie Construction Co., Inc., in the amount of $1,794,314 for Phase 1 of the Northeast Sanitary Sewer Trunk Line. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract. Summary: This project includes the installation of approximately 4,400 LF of 42 -inch fiberglass sewer pipe, 700 LF of 24- inch fiberglass sewer pipe, and 500 LF of 54-inch steel casing pipe, generally located along an existing 50-foot public utility easement south of State Highway 30 (Harvey Road) northwest of the Windwood and Horse Haven Estates subdivisions. Reviewed and Approved by Legal: Yes Budget & Financial Summary: Public Facility Community Development Block Grant (CDBG) funds in the amount of $1,496,306 have been allocated for design and construction of the Northeast Sewer Trunkline Phase I project. The contracted design portion of the project is $347,250. The difference between the contracted design and construction amounts and the Public Facility CDBG funds available for the project will come from the Wastewater Capital Improvement Projects Fund. Twelve bids were received for the project. Attachments: 1.Construction Contract on file in the City Secretary's Office 2.Bid Tabulation ITB #17-044 3.Project Location Map College Station, TX Printed on 5/19/2017Page 1 of 1 powered by Legistar™ CONTRACTOR'S PROPOSAL 17-044 Northeast Trunk Line Phase I BRH-Garver Construction, LP. Base Bid total: ………………..$345,145.00 **Alternate 1 total: ………..$10,863,220.00 **Alternate 2 total: …………$2,728,500.00 Condie Construction Company Base Bid total: ………………..$219,840.00 Alternate 1 total: …………..$1, 574,474.00 Alternate 2 total: …………..$1,538,378.00 Doughtie Construction Co. Inc. Base Bid total: ………………..$277,296.00 Alternate 1 total: …………..$ 2,230,991.00 Alternate 2 total: …………..$ 2.401, 085.00 Dudley Construction **Base Bid total: ………………..$266,560.82 Alternate 1 total: …………..$ 1,790,583.30 Alternate 2 total: …………..$ 1,918,952.02 Elliot Construction, LLC. Base Bid total: ………………..$359,138.00 Alternate 1 total: …………..$ 1,813,839.00 Alternate 2 total: …………..$ 1,854,098.00 E.P. Brady LTD. Base Bid total: ………………..$260,918.45 Alternate 1 total: …………..$ 1,980,909.00 Alternate 2 total: …………..$ 2,090,112.00 Huff & Mitchell, Inc. **Base Bid total: ………………..$349,838.50 Alternate 1 total: …………..$ 1,905,850.00 Alternate 2 total: …………..$ 2,125,940.00 Kieschnick General Contractors Base Bid total: ………………..$253,505.75 Alternate 1 total: …………..$ 1,940,640.00 Alternate 2 total: …………..$ 2,031,900.00 S&J Construction Co., Inc. **Base Bid total: ………………..$300,544.10 Alternate 1 total: …………..$ 2,410,176.52 Alternate 2 total: …………..$ 2,424,592.84 S.J. Louis Construction of Texas LTD. Base Bid total: ………………..$214,744.13 **Alternate 1 total: …………..$ 1,616,283.80 Alternate 2 total: …………..$ 1,687,537.80 Skyblue Utilities, Inc. Base Bid total: ………………..$146,346.27 Alternate 1 total: …………..$ 2,004,089.71 Alternate 2 total: …………..$ 2,076,849.82 Whitestone Civil Construction, LLC Base Bid total: ………………..$189,399.00 Alternate 1 total: …………..$ 1,828,640.00 Alternate 2 total: …………..$ 2,009,720.00 *Note: An itemized bid tabulation will be published after further review of the bids. ! ! ! !!! ! !! ! !! !! !!! !! !! !!! ! !! !! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !%F $1 $1 $1 $1 !!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2 !!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2 !!2 !!2!!2 !!2!!2 !!2 !!2 !!2!!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2 !!2!!2!!2!!2!!2 !!2!!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2!!2 !!2!!2!!2 !!2!!2 !!2!!2 !!2!!2 !!2!!2!!2!!2 !!2!!2 !!2!!2!!2 !!2!!2 !!2!!2 !!2 !!2!!2 !!2!!2!!2 Windwood Art &MyraBright SmithTract APPO M ATTOXDRIVE A P P O MATTOXDRIVE HARV E YHILLSIDESC R E EKHUDSON CR EEK CARTERSCREEK WOLF PE NCREEK CARTERSCREEK TRIBUTARY16 CARTER S C R E E K TRIB U T A R Y 17 CARTERSCREEK SWITCHSTATIONROWACCESSHORSEBACK C OURTBROOKWAY DRIVEHORSEHAVENLANEWINGATECIRCLEGREENBERR Y CIRCLENORTHGR EENBERRYCOURTWOOD CLIFFCOURTTEAKWOODCOURTCLEARWOODCOURTMANDICOURTWINGATECOURTBROOKWAYCOURTHOR SE SHOEDRIVESANDELWOODCOURTSPICEWOODCOURTA SSOCIATES AVENUE H O RSEBA CKDRIVE WINDW OOD DRIVE HOLLEMANDRIVEEASTH O R S E H A V E N L A N EFRON T A GE 6 R OA D E A S T HARVEY ROADF R O N T A G E 6 R D WE A R L R U D D E R F R E E WA Y S O U T H E A R L R U D D E R F R E E WA Y S O U T H E A R L R U D D E R F W Y S N O R T H B O U N D O N R A M P A T S O U T H W E S T P K W Y E A A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 E A R L R U D D E R F R E E WA Y S O U T H Legend Project Location !!2 Standard !!2 Drop !!2 Junction Box $1 Cleanouts %F Grease Traps !Fittings Gravity Streets Functional Classification FREEWAY MAJOR ARTERIAL MINOR ARTERIAL MINOR COLLECTOR LOCAL STREET ACCESS ROADS Greenways Parks Rivers Project Location MapNortheast Sewer Trunk LinePhase 1± ± Created: 5/10/2017 0 1,200 2,400 3,600 4,800 6,000300600900FeetFeet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0236 Name:Rock Prairie Road West Change Order No. 1 Status:Type:Change Order Consent Agenda File created:In control:5/10/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding approval of Change Order #1 to the construction contract with Larry Young Paving in the amount of $196,515.88 for the construction of the Rock Prairie Road Widening Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Rock Prairie West location map GIS Signed Change Order Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of Change Order #1 to the construction contract with Larry Young Paving in the amount of $196,515.88 for the construction of the Rock Prairie Road Widening Project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s):Staff recommends approval of the change order. Summary: The scope of this contract is for the construction of the Rock Prairie Road West Widening Project. This project will improve the capacity of the street and align additional lanes with the Rock Prairie Road overpass. This project will extend from Normand Drive to the east approximately 450’ past the northbound feeder road of State Highway 6. Improvements include concrete pavement, 8’ and 10’ sidewalks, new traffic signal at Longmire, and an underground duct bank for electrical utilities. Change Order #1 includes the relocation of an 8” waterline and related items at the intersection of Rock Prairie Rd. and Longmire Dr. that was in conflict with storm sewer being installed with the project. The change order also includes the relocation of a 12” and 24” waterline and related items at the intersection of Rock Prairie Rd and the southbound feeder road of SH 6. This waterline was also in conflict with storm sewer being installed with the project. Budget & Financial Summary:Budget was not included in the Water Capital Improvement Projects Fund in FY17 for this portion of the project as it was not known that the lines would need to be relocated when the budget was developed. Budget will be transferred from the Dowling Road Equipment Shed project in order to proceed with this change order. Attachments: College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0236,Version:1 1.Change Order 2.Project Map College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ ROCK PRAIRIE ROADLONGMIRE DRIVE S H 6 S O U T H F R O N T A G E 6 R O A D E A S T O F F R A M P 6 SPONDEROSA DRIVEFR O NTA GE 6 RD WFRONTAGE TEXAS AVE SN O R MA N D D R I V E OF F RAMP 6 NPINON DRIVEO N R A M P 6 N E A R L R U D D E R F R E E W A Y S O U T H LO D G EP OLE D RIVE WOODCREEK DRIVEB LU E STE M D RIV E L O N G LE A F CIR C LE L O D G E P O LE CIR C LE B L U E STE M CIR C LE BIRMINGHAM ROADC O A S T A L D R I V E L O N G L E A F D R IV E GRAMMA COURTS H 6 S O U T H . Rock Prairie Road West Widening Location City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0237 Name:Unity Plaza Interlocal Agreement Status:Type:Agreement Consent Agenda File created:In control:5/10/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and the City of Bryan for maintenance of the Unity Plaza area. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Unity Plaza ILA Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and the City of Bryan for maintenance of the Unity Plaza area. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the agreement. Summary: This agreement formalizes the responsibilities of both cities for the ongoing maintenance of the Unity Plaza area. In general, the City of College Station will be responsible for landscape and irrigation maintenance costs, and the City of Bryan will be responsible for water and electricity costs. Reviewed and Approved by Legal: Yes Budget & Financial Summary: Funds are budgeted and available for landscaping and irrigation maintenance in the Streets Maintenance operations budget. Attachments: 1.Agreement College Station, TX Printed on 5/19/2017Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0238 Name:University Drive Loading Zone and Northgate Bollards Status:Type:Contract Consent Agenda File created:In control:5/10/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding awarding Construction Contract No. 17300335 to Dudley Construction in the amount of $297,250 for the construction of the University Drive Loading Zone & Northgate Bollards Project and rejection of Bid No. 16-076 for same University Drive Loading Zone portion of the project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project location map loading zone bollards Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding awarding Construction Contract No. 17300335 to Dudley Construction in the amount of $297,250 for the construction of the University Drive Loading Zone & Northgate Bollards Project and rejection of Bid No. 16-076 for same University Drive Loading Zone portion of the project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the Construction Contract No. 17300335 with Dudley Construction in the amount of $297,250 and the rejection of Bid No. 16-076. Summary: The scope of this contract is for the construction along University Drive to close off the current loading area which is delineated with flexible bollards and to construct additional pavered sidewalks and drainage structure. Additionally removable bollards will be installed in four locations where the current pneumatic bollards do not function properly. This project will improve safety and aesthetics in the Northgate area. This project will occur within the blocks bordered by College Main, University Drive, Lodge Street and Church Street. The University Drive Loading Zone portion of this project was initially bid under Bid No 16-076. The bid received was significantly over budget and it was determined that it would be in the best interest of the City to rebid the project in combination with the Northgate Bollard project and formally reject the bid received in response to Bid No. 16-076. Budget & Financial Summary: The budget for the University Drive Loading Zone portion of the project will come from the University Drive Pedestrian Improvements project. The budget for the Bollard portion of the project will come from funds available in the Streets Capital Improvement Projects Fund and the Northgate Parking Garage Fund that have been budgeted for this purpose. Attachments: College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0238,Version:1 1.Contract on file in the City Secretary’s office 2.Project Map College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ HOUSTON STPATRICIA STCHURCH AVUNIVERSITY DRLODGE ST COLLEGE MAIN .Univers ity Drive Loading Zone& Nothgate BollardsProject Location Map LOADING ZONE BOLLARDSBOLLARDSBOLLARDSBOLLARDS City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0239 Name:Utility Cut Pavement Repair Contract Status:Type:Contract Consent Agenda File created:In control:5/10/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding the award of an annual contract (Contract No. 17300379) to Larry Young Paving for the Repaving of Utility Cuts as Needed for an amount not to exceed $100,000. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Tabulation Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the award of an annual contract (Contract No. 17300379) to Larry Young Paving for the Repaving of Utility Cuts as Needed for an amount not to exceed $100,000. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract 17300379 with Larry Young Paving. Summary: On Wednesday, April 12, 2017 bids were opened for the Annual Repaving of Utility Cuts on City Streets as Needed. This contract will be for repaving asphalt paving for utility cuts including all labor, equipment, and materials associated with repaving utility cuts in asphalt streets. Traffic Control is included with the bid. Two bids were received, one by Larry Young Paving in the amount of $250.00 per ton. The second bid received by Lone Star Paving was for $1,875.00 per ton. Based on the bids received, Larry Young Paving is the lowest responsible bidder. The contract will be for a maximum of 400 tons annually, for a maximum amount of $100,000.00 annually. This is the first agreement term and will be available for two additional renewal terms. Budget &Financial Summary:Funds to purchase are budgeted and available in the General Fund within the Operations Budget of the Streets Division. Attachments: 1.Bid Tabulation 2.Contract on file at the City Secretary’s office College Station, TX Printed on 5/19/2017Page 1 of 1 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #17-041 "Annual Repaving of Utility Cuts on City Streets as Needed" Open Date: Wednesday, April 12, 2017 @ 2:00 p.m. Larry Young Paving Lone Star Paving College Station, TX Austin, TX ITEM QTY UNIT DESCRIPTION UNIT PRICE UNIT PRICE 1 400 Tons Repaving Asphalt paving for utility cuts including all labor, equipment, and materials associated with repaving utility cuts in asphalt streets. Traffic Control included. $250.00 $1,875.00 $100,000.00 $750,000.00 Bid Certification Y Y Bid Bond Y Y GENERAL CONSTRUCTION ITEMS Total Price City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0247 Name:CTX Land Investments, LLC agreement Status:Type:Minutes Consent Agenda File created:In control:5/11/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion on a development agreement between CTX Land Investments, LLC and the City of College Station to facilitate the extension of the Dartmouth at the Harvey Mitchell intersection. Sponsors:Natalie Ruiz Indexes: Code sections: Attachments:Dartmouth EDA with CTX Signature for CC 5-25-17 Action ByDate Action ResultVer. Presentation, possible action, and discussion on a development agreement between CTX Land Investments, LLC and the City of College Station to facilitate the extension of the Dartmouth at the Harvey Mitchell intersection. Relationship to Strategic Goals: ·Diverse Growing Economy ·Core Infrastructure ·Financially Sustainable City Recommendation(s): Staff recommends approval of the Development Agreement as proposed. Summary: CTX Land Investments, LLC owns approximately 28 acres near the future intersection of Harvey Mitchell Parkway and Southwest Parkway. CTX is partnering with the adjacent owner of the 6.99 acre tract on future development of residential and commercial land uses. The extension of Dartmouth from Harvey Mitchell Parkway to Texas Avenue is shown on the City’s Thoroughfare Plan as a future 3-lane major collector roadway. The construction of this roadway cannot be borne by one land owner given the estimated cost of construction, extent of the roadway and physical conditions including smaller tracts of land and the 100 year floodplain. The Comprehensive Plan identified the larger area as a potential small area plan in which a more detailed study would be given with respect to land uses, transportation and development intensity. A majority of the property owners met in 2015 to initiate that effort and examined more commercial land uses and an alignment of Dartmouth. At that time, the group determined that a larger partnership and funding sources are needed to facilitate the extension of Dartmouth. Staff has taken two approaches to funding Dartmouth: 1.Tax Reinvestment - Partner with Brazos County to fund design and construction College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0247,Version:1 through a synthetic tax increment reinvestment zone. Simply stated, a portion of County and City taxes generated from new value will be dedicated to the construction of Dartmouth. This agreement has been drafted and should be considered by the Commissioner’s Court. 2.Property Owners - Partner with land owners to construct Phase I of Dartmouth to activate the majority of the property for development. This development agreement may be duplicated near the intersection of Dartmouth and Texas Avenue to insure that the developer pays for their fair share of the roadway. The agreement with CTX provides for the construction of Phase I of Dartmouth through the adjacent Timberjack property. This provides for the initial connection to Harvey Mitchell Parkway into the 28 acre property. Instead of constructing a portion of roadway that does not connect to Harvey Mitchell, CTX is building Dartmouth through the Timberjack tract. The City will also participate in the initial construction costs of 25%, not to exceed $250,000. Budget & Financial Summary: The City’s participation up to $250,000 is available through the Economic Development Fund. Legal Review: Yes. Attachments: Infrastructure Agreement with CTX Land Investments, LLC College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0253 Name:Atmos Rate Ordinance and ACSC Negotiated Settlement Status:Type:Presentation Consent Agenda File created:In control:5/15/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion concerning the passage and approval of an ordinance of the City of College Station, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2017 rate review mechanism filings and approving a settlement agreement with attached rate tariffs and proof of revenues. Sponsors:Aubrey Nettles Indexes: Code sections: Attachments:2017.05.02 Staff Report+Attachment 2017.05.02 ORDINANCE & Attachments -Settlement ACSC and Atmos 2017 RRM.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion concerning the passage and approval of an ordinance of the City of College Station, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2017 rate review mechanism filings and approving a settlement agreement with attached rate tariffs and proof of revenues. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance. Summary: The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in 2013. The 2017 RRM filing is the fifth RRM filing under the renewed RRM Tariff. On March 1, 2017, Atmos made a filing requesting $57.4 million additional revenues on a system-wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $46.4 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission’s College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0253,Version:1 exclusive original jurisdiction and have their rates set through the GRIP process. If the Company had used the GRIP process rather than the RRM process it would receive a $52.4 million increase, or about $4.4 million more than will be approved by the Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the Company’s request by $9.4 million, such that the Ordinance approving new rates reflects an increase of $48 million on a system-wide basis, or $38.8 million for Mid-Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues by $38.8 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2017. The monthly residential customer charge will be $19.60. The consumption charge will be $0.14 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $2.04, or about 3.87%. The typical commercial customer will see an increase of $6.27, or 2.37%. Attached to this Model Staff Report is a summary of the impact of new rates on the average bills of all customer classes. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2017 RRM filing, and implementing the rate change. Reviewed and Approved by Legal: Yes Budget & Financial Summary: The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $2.04, or about 3.87%. The typical commercial customer will see an increase of $6.27, or 2.37%. Attachments: - Staff Report and chart of average customer charges. - Ordinance accepting settlement, with attachments. College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ 1 May 2, 2017 STAFF REPORT The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in 2013. The 2017 RRM filing is the fifth RRM filing under the renewed RRM Tariff. On March 1, 2017, Atmos made a filing requesting $57.4 million additional revenues on a system-wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $46.4 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission’s exclusive original jurisdiction and have their rates set through the GRIP process. If the Company had used the GRIP process rather than the RRM process it would receive a $52.4 million increase, or about $4.4 million more than will be approved by the Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the Company’s request by $9.4 million, such that the Ordinance approving new rates reflects an increase of $48 million on a system-wide basis, or $38.8 million for Mid-Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues by $38.8 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2017. The monthly residential customer charge will be $19.60. The consumption charge will be $0.14 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $2.04, or about 3.87%. The typical commercial customer will see an increase of $6.27, or 2.37%. Attached to this Model Staff Report is a summary of the impact of new rates on the average bills of all customer classes. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2017 RRM filing, and implementing the rate change. Explanation of “Be It Ordained” Sections: 1. This section approves all findings in the Ordinance. 2. This section finds the settled amount of $48 million on a system-wide basis to be a comprehensive settlement of gas utility rate issues arising from Atmos Mid-Tex’s 2017 RRM filing, and that such settlement is in the public interest and is consistent with the City’s statutory authority. 3. This section finds the existing Atmos Mid-Tex rates to be unreasonable, and approves the new tariffed rates providing for additional revenues over currently-billed rates of $48 million on a system-wide basis and adopts the attached new rate tariffs (Attachment A). 2 4. This section establishes the baseline for pensions and other post-employment benefits for future rate cases (Attachment C). 5. This section requires the Company to reimburse Cities for reasonable ratemaking costs associated with reviewing and processing the RRM filing. 6. This section requires a rate reconciliation in the event that federal income tax rates change. 7. This section requires renegotiation of current RRM terms and conditions this Summer and if new terms and conditions are not agreed to by both parties, the RRM process will be terminated and Cities will be encouraged to pass show cause resolutions to trigger a traditional rate case at the Railroad Commission. 8. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 9. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 10. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 11. This section provides for an effective date upon passage which, according to the Cities’ ordinance that adopted the RRM process, is June 1, 2017. 12. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for the Steering Committee. 2557/28/7339860 Line June 1, 2016 1 Rate R @ 46.3 Ccf CURRENT PROPOSED CHANGE 2 Customer charge 19.10$ 3 Consumption charge 46.3 CCF X 0.11378$ =5.27 4 Rider GCR Part A 46.3 CCF X 0.28325$ =13.11 5 Rider GCR Part B 46.3 CCF X 0.25447$ =11.78 6 Subtotal 49.26$ 7 Rider FF & Rider TAX 49.26$ X 0.07142 =3.52 8 Total 52.78$ 9 10 Customer charge 19.60$ 11 Consumption charge 46.3 CCF X 0.14427$ =6.68 12 Rider GCR Part A 46.3 CCF X 0.28325$ =13.11 13 Rider GCR Part B 46.3 CCF X 0.25447$ =11.78 14 Subtotal 51.17$ 15 Rider FF & Rider TAX 51.17$ X 0.07142 =3.65 16 Total 54.82$ $2.04 17 3.87% 18 19 Rate C @ 371 Ccf CURRENT PROPOSED CHANGE 20 Customer charge 41.75$ 21 Consumption charge 371.0 CCF X 0.08494$ =31.51 22 Rider GCR Part A 371.0 CCF X 0.28325$ =105.07 23 Rider GCR Part B 371.0 CCF X 0.18646$ =69.17 24 Subtotal 247.50$ 25 Rider FF & Rider TAX 247.50$ X 0.07142 =17.68 26 Total 265.18$ 27 28 Customer charge 44.70$ 29 Consumption charge 371.0 CCF X 0.09279$ =34.42 30 Rider GCR Part A 371.0 CCF X 0.28325$ =105.07 31 Rider GCR Part B 371.0 CCF X 0.18646$ =69.17 32 Subtotal 253.36$ 33 Rider FF & Rider TAX 253.36$ X 0.07142 =18.09 34 Total 271.45$ $6.27 35 2.37% ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2016 36 Rate I @ 4364 MMBTU CURRENT PROPOSED CHANGE 37 Customer charge 738.00$ 38 Consumption charge 1,500 MMBTU X 0.3096$ =464.40 39 Consumption charge 2,864 MMBTU X 0.2267$ =649.26 40 Consumption charge 0 MMBTU X 0.0486$ =- 41 Rider GCR Part A 4,364 MMBTU X 0.2900$ =1,265.76 42 Rider GCR Part B 4,364 MMBTU X 0.4373$ =1,908.41 43 Subtotal 5,025.83$ 44 Rider FF & Rider TAX 5,025.83$ X 0.07142 =358.93 45 Total 5,384.76$ 46 47 Customer charge 799.75$ 48 Consumption charge 1,500 MMBTU X 0.3374$ =506.10 49 Consumption charge 2,864 MMBTU X 0.2470$ =707.40 50 Consumption charge 0 MMBTU X 0.0530$ =- 51 Rider GCR Part A 4,364 MMBTU X 0.2900$ =1,265.76 52 Rider GCR Part B 4,364 MMBTU X 0.4373$ =1,908.41 53 Subtotal 5,187.42$ 54 Rider FF & Rider TAX 5,187.42$ X 0.07142 =370.47 55 Total 5,557.89$ $173.13 56 3.22% 57 Rate T @ 4364 MMBTU CURRENT PROPOSED CHANGE 58 Customer charge 738.00$ 59 Consumption charge 1,500 MMBTU X 0.3096$ =464.40 60 Consumption charge 2,864 MMBTU X 0.2267$ =649.26 61 Consumption charge 0 MMBTU X 0.0486$ =- 62 Rider GCR Part B 4,364 MMBTU X 0.4373$ =1,908.41 63 Subtotal 3,760.07$ 64 Rider FF & Rider TAX 3,760.07$ X 0.07142 =268.54 65 Total 4,028.61$ 66 67 Customer charge 799.75$ 68 Consumption charge 1,500 MMBTU X 0.3374$ =506.10 69 Consumption charge 2,864 MMBTU X 0.2470$ =707.40 70 Consumption charge 0 MMBTU X 0.0530$ =- 71 Rider GCR Part B 4,364 MMBTU X 0.4373$ =1,908.41 72 Subtotal 3,921.66$ 73 Rider FF & Rider TAX 3,921.66$ X 0.07142 =280.08 74 Total 4,201.74$ $173.13 75 4.30% 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2017 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING RECONCILIATION AND RATE ADJUSTMENTS IF FEDERAL INCOME TAX RATES CHANGE; TERMINATING THE RRM PROCESS FOR 2018 PENDING RENEGOTIATION OF RRM TERMS AND CONDITIONS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of College Station, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP ”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and 2 WHEREAS, on March 1, 2017, Atmos Mid-Tex filed its 2017 RRM rate request with ACSC Cities; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2017 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $48 million on a system-wide basis; and WHEREAS, the attached tariffs implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; WHEREAS, the Company and ACSC have agreed that rates should be adjusted if any change in federal income tax rates is implemented during the period that rates approved herein remain in place; and WHEREAS, because ACSC believes that certain provisions of the current terms and conditions of the RRM tariff are inconsistent with market conditions, the City expects renegotiation of the current RRM tariff in the Summer of 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. 3 Section 2. That the City Council finds that the settled amount of an increase in revenues of $48 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2017 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $48 million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. Section 4. That the ratemaking treatment for pensions and other post-employment benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment C, attached hereto and incorporated herein. Section 5. Consistent with Texas Utilities Code Section 104.055(c), Atmos Energy’s recovery of federal income tax expense through the Rider RRM has been computed using the statutory income tax rate. In the event that a change in the statutory income tax rate is implemented during the Rider RRM Rate Effective Date, Atmos Energy shall reconcile the difference between the amount of federal income tax expense included in the Rider RRM calculation for the Rate Effective Date with the amount of federal income tax expense authorized under the new statutory income tax rate. The reconciliation period shall be from the date on which any new statutory income tax rate is implemented through the Rate Effective Date. An interest component calculated at the customer deposit interest rate then in effect as approved by 4 the Railroad Commission of Texas shall be applied to the federal income tax expense reconciliation. Further, any required reconciliation of federal income tax expense shall be included as part of Atmos Mid-Tex’s next annual RRM filing and shall be returned to or recovered from customers as a one-time credit or surcharge to the customer’s bill. Section 6. The City requires renegotiation of RRM tariff terms and conditions during the Summer of 20017. If an agreed renegotiated RRM tariff cannot be achieved, the City will terminate the RRM process and consider initiation of a traditional rate case to reduce the Company’s authorized return on equity. Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2017 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 9. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, 2017. 5 Section 12. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this day of , 2017. Mayor ATTEST: APPROVED AS TO FORM: City Secretary City Attorney 2557/28/7339845 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 19.60 per month Rider CEE Surcharge $ 0.02 per month1 Total Customer Charge $ 19.62 per month Commodity Charge – All Ccf $0.14427 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2016. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 44.70 per month Rider CEE Surcharge $ 0.08 per month1 Total Customer Charge $ 44.78 per month Commodity Charge – All Ccf $ 0.09279 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2016. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 799.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu Next 3,500 MMBtu $ 0.2470 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 799.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu Next 3,500 MMBtu $ 0.2470 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE: Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi = WNAFi x qij Where qij is the relevant sales quantity for the jth customer in ith rate schedule. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE: Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.79 0.1347 93.16 0.6060 Austin 10.37 0.1483 190.68 0.9069 Dallas 13.36 0.2089 180.35 1.0191 Waco 9.64 0.1348 124.37 0.5791 Wichita Falls 11.20 0.1412 107.96 0.5571 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the Company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the Company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the Company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment A File Date: March 1, 2017 ATMOS ENERGY CORP., MID-TEX DIVISION PROPOSED TARIFF STRUCTURE (BEFORE RATE CASE EXPENSE RECOVERY) TEST YEAR ENDING DECEMBER 31, 2016 (a)(b)(c) (d) (e) (f)(g)(h)(i)(j)(k) 1 Proposed Change In Rates:48,000,000$ Schedule A 2 Proposed Change In Rates without Revenue Related Taxes:44,800,457$ Ln 1 divided by factor on WP_F-5.1 3 4 5 6 Revenue Requirements Allocations 7 Residential 338,431,486$ 77.95% Per GUD 10170 Final Order 8 Commercial 84,223,622 19.40% Per GUD 10170 Final Order 9 Industrial and Transportation 11,490,316 2.65% Per GUD 10170 Final Order 10 Net Revenue Requirements GUD No. 10170 434,145,424$ 11 12 13 14 15 16 With Proportional Increase all classes but Residential and a 40% residential base charge increase:In accordance with RRM tariff: 17 18 Current Prospective Revenues Proposed Change Proposed Change In Revenues Proposed Rates Proposed Revenues 19 20 Residential Base Charge 19.08$ 0.77$ 13,969,407$ Residential Base Charge 0.52$ 9,385,859$ 19.60$ 353,851,897$ 21 Residential Consumption Charge 0.11378$ 0.02502$ 20,954,111 Residential Consumption Charge 0.03049$ 25,534,444 0.14427$ 120,821,718 22 Commercial Base Charge 41.70$ 2.96$ 4,345,614 Commercial Base Charge 3.00$ 4,409,676 44.70$ 65,707,365 23 Commercial Consumption Charge 0.08494$ 0.00797$ 4,345,614 Commercial Consumption Charge 0.00785$ 4,280,326 0.09279$ 50,595,093 24 I&T Base Charge 737.00$ 62.70$ 592,856 I&T Base Charge 62.75$ 593,364 799.75$ 7,562,427 25 I&T Consumption Charge Tier 1 MMBTU 0.3096$ 0.0278$ 279,522 I&T Consumption Charge Tier 1 MMBTU 0.0278$ 279,726 0.3374$ 3,394,949 26 I&T Consumption Charge Tier 2 MMBTU 0.2267$ 0.0203$ 225,635 I&T Consumption Charge Tier 2 MMBTU 0.0203$ 225,178 0.2470$ 2,739,848 27 I&T Consumption Charge Tier 3 MMBTU 0.0486$ 0.0044$ 87,699 I&T Consumption Charge Tier 3 MMBTU 0.0044$ 88,488 0.0530$ 1,065,879 28 44,800,457$ 44,797,060$ 605,739,177$ 29 WP_J-5 Page 1 of 1 Attachment B Line No.Description Pension Account Plan ("PAP") Post-Retirement Medical Plan ("FAS 106") Pension Account Plan ("PAP") Supplemental Executive Benefit Plan ("SERP") Post-Retirement Medical Plan ("FAS 106") Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Fiscal Year 2017 Willis Towers Watson Report as adjusted (1), (3)5,004,862$ 2,864,121$ 8,234,627$ 194,941$ 4,375,142$ 2 Allocation to Mid-Tex 45.03% 45.03% 71.23% 100.00% 71.23% 3 Fiscal Year 2017 Actuarially Determined O&M Benefits (Ln 1 x Ln 2) 2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$ 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00% 5 Fiscal Year 17 Willis Towers Watson Benefit Costs To Approve (excluding Removed Cost Centers) (Ln 3 x Ln 4)2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$ 12,719,968$ 6 7 8 Summary of Costs to Approve: 9 10 Total Pension Account Plan ("PAP")2,253,477$ 5,865,537$ 8,119,015$ 11 Total Post-Retirement Medical Plan ("FAS 106")1,289,592$ 3,116,420$ 4,406,012 12 Total Supplemental Executive Retirement Plan ("SERP")194,941$ 194,941 13 Total (Ln 10 + Ln 11 + Ln 12)2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$ 12,719,968$ 14 15 16 O&M Expense Factor 74.05% 74.05% 37.75%20.00% 37.75% 17 18 Expense Portion (Ln 13 x Ln 16)1,668,700$ 954,943$ 2,214,432$ 38,988$ 1,176,551$ 6,053,614$ 19 20 Capital Factor 25.95% 25.95% 62.25%80.00% 62.25% 21 22 Capital Portion (Ln 13 x Ln 20)584,777$ 334,649$ 3,651,105$ 155,953$ 1,939,870$ 6,666,354$ 23 24 Total (Ln 18 + Ln 22)2,253,477$ 1,289,592$ 5,865,537$ 194,941$ 3,116,420$ 12,719,968$ ATMOS ENERGY CORP., MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2016 Shared Services Mid-Tex Direct Attachment C City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0233 Name:Standard of Care Ordinance Status:Type:Ordinance Agenda Ready File created:In control:5/9/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance adopting standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreation Programs. Sponsors:David Schmitz Indexes: Code sections: Attachments:2017 Ordinance.pdf Action ByDate Action ResultVer. Public Hearing,presentation,possible action and discussion regarding an ordinance adopting standards of care for the City's Parks and Recreation Department's elementary age (5-13)Youth Recreation Programs. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends Council adopt the proposed Standard of Care Ordinance. Summary: The Department of Family and Protective Services requires child care facilities to be licensed by it. Certain programs offered by the Parks and Recreation Department fall within the definition of child- care facility requiring licensing but are exempt if municipalities annually hold a public hearing and adopt a standards of care ordinance as attached.This is a re-occurring event and City staff again recommends holding a public hearing and adopting the ordinance. Budget & Financial Summary:No budget impact Legal Review: Yes. Attachments:Standard of Care Ordinance College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0233,Version:1 College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\dd5c7a89-93f1-4a8b-8d9b-0fe1a43595d5.docx Page 1 of 5 ORDINANCE NO.________________ AN ORDINANCE ADOPTING LOCAL STANDARDS OF CARE FOR THE CITY PARKS AND RECREATION DEPARTMENT’S ELEMENTARY AGE (5-13) YOUTH RECREATION PROGRAMS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: PART 1. AUTHORITY. The Council adopts these local standards of care for the Parks and Recreation Department children's Recreational Programs under Texas Human Resources Code Section 42.041(b)(14) (Required License and Accreditation) and its home rule authority. PART 2. DEFINITIONS. In this Ordinance: (1) Recreation Assistant means a person responsible for the direct care or administration, clerical support, food preparation, or Facility maintenance. (2) Department means the Parks and Recreation Department. (3) Director means the Director of the Parks and Recreation Department. (4) Designee means a person appointed by the Director to act on the Director's behalf. (5) Facility means a building or improvement operated or used by the Department in conducting a Recreational Program. (6) Participant means a child age five to 13 years old who is enrolled in a Recreational Program and is under the supervision of Department Staff. (7) Recreational Program or Program means a fee-based children's program or activity offered and supervised by the Department that requires a Participant to enroll or register to participate. (8) Staff means a person who is employed by the Department to work in a Recreational Program. (9) Volunteer means a person assisting without remuneration in the care or supervision of Participants. PART 3. PROGRAM ADMINISTRATION. (A) The Department shall operate Recreational Programs in compliance with this Ordinance and the Department's rules adopted under this Ordinance. (B) The Director, or Designee, shall administer the programs. PART 4. PROGRAM RULES; MONITORING. (A) The Director shall adopt rules relating to the operation of the programs. A rule adopted under this Ordinance may be more restrictive than the minimum standards adopted by this Ordinance. \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\dd5c7a89-93f1-4a8b-8d9b-0fe1a43595d5.docx Page 2 of 5 (B) The Director shall monitor the programs to ensure compliance with the standards adopted in this Ordinance and the rules. PART 5. REQUIRED SUPERVISION FOR NON-AQUATIC RECREATIONAL PROGRAMS. (A) Except as provided in Subsection (B), the Department shall provide Recreation Assistants during a Recreational Program at a minimum as follows: (1) one Recreation Assistant for each 12 Participants between the ages of five and nine years old; and (2) one Recreation Assistant for each 15 Participants between the ages of 10 and 13 years old. (B) The Department shall provide activity leaders during a Recreational Program designed for Participants with a disability at a minimum as follows: (1) one Recreation Assistant for each four Participants between the ages of five and 12; and (2) one Recreation Assistant for each eight Participants between the ages of 12 and 13 years old. PART 7. REQUIREMENTS FOR ACTIVITY LEADERS. (A) The Department shall provide a minimum of one Recreation Assistant for each class or group enrolled in a recreation program. (B) A Recreation Assistant must be at least 16 years old. (C) At least one Recreation Assistant on site must retain the following certification from a nationally recognized organization approved by the Director: (1) cardiopulmonary resuscitation for adults, children and infants; (2) use of an automated external defibrillator; and (3) first aid. PART 8. STAFF AND VOLUNTEER TRAINING REQUIREMENTS. (A) The Director shall establish training requirements for all Staff and Volunteers who provide direct care or supervision to Participants. (B) At least one Staff member at each Facility must have current training in first aid, automated external defibrillator, and cardiopulmonary resuscitation for adults, children and infants from a nationally recognized program that has been approved by the Director. PART 9. PERSONNEL RESTRICTION. (A) A person may not be employed or serve as a Volunteer in a Recreational Program if: (1) the person would be permanently barred from being present at a child care operation while children are in care under the Texas Administrative Code Title 40, Part 19, Chapter 745 (Licensing); or \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\dd5c7a89-93f1-4a8b-8d9b-0fe1a43595d5.docx Page 3 of 5 (2) the Director determines that based on the criminal history and other relevant credible information, the person poses a risk to the safety or health of Participants. (B) The Director may obtain a criminal history record of any employee or Volunteer working or applying to work in a Recreational Program. PART 10. FACILITY OPERATION; PHYSICAL ENVIRONMENT. (A) The Department may not operate a Recreational Program at a Facility unless the Facility meets the following requirements: (1) the Facility and equipment used in the program do not present fire, health or safety hazards and are kept free of refuse and debris; (2) the Facility is inspected annually for safety by the Department; (3) the Facility is kept free of insects, rodents, and stray animals; (4) the Facility has clearly marked emergency exits; (5) the Facility has a disaster and evacuation procedure posted in a visible location; (6) the Facility is used and maintained in accordance with the fire prevention requirements of Chapter 25-12 (Technical Codes) and the directives of the Fire Chief, including at least four fire drills each year. (7) First aid and infection control kit are kept at the Facility, including: (a) cardio pulmonary resuscitation and rescue breathing sequence guidelines; (b) first aid review; and (c) emergency action plans. (8) The Facility has a sufficient number of restrooms that are equipped for independent use by children and that are designed to permit Staff supervision if necessary. (A) The Department may not operate a Recreational Program at a Facility unless the Facility meets the following requirements: (1) The Facility and equipment used in the program do not present fire, health, or safety hazards and are kept free of refuse and debris; (2) The Facility is inspected annually for safety by the Department; (3) The Facility is kept free of insects, rodents, and stray animals; (4) The Facility has clearly marked emergency exits; (5) The Facility has a disaster and evacuation procedure posted in a visible location; (6) The Facility is used and maintained in accordance with the fire prevention requirements of Chapter 25-12 (Technical Codes) and the fire chiefs directives, including not fewer than four fire drills each year; (7) First aid and infection control kit are kept at the Facility, including sufficient additional kits to be taken to other locations at which Participants engage in a program activity; \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\dd5c7a89-93f1-4a8b-8d9b-0fe1a43595d5.docx Page 4 of 5 (8) First aid guidelines are on file and visibly posted at the Facility, including: (a) cardio pulmonary resuscitation and rescue breathing sequence guidelines; (b) first aid review; and (c) emergency action plans; and (9) The Facility has a sufficient number of restrooms that are equipped for independent use by children and that are designed to permit Staff supervision if necessary. (B) The Department shall maintain a campground or primitive Facility used for a Recreation Program in compliance with the requirements of Subsection (A) to the extent possible. (C) The Department shall maintain equipment used in the programs in good condition. Department Staff shall remove a defective tool, machinery, appliance, or other equipment and report the defective item to a supervisor. Unauthorized Staff may not repair defective equipment. PART 11. PHYSICAL HEALTH STANDARDS. (A) A Staff member shall supervise a Participant who is ill or injured until a parent or other authorized adult removes the Participant from the Facility. (B) Staff shall keep a Participant whose illness or medical condition would compromise the health or safety of the others separate from the others until the child is removed from the Facility. (C) Staff shall call a Participant’s parent or guardian if participant has an oral temperature of 100.4 degrees Fahrenheit or greater, accompanied by behavior changes or other signs or symptoms of illness. (D) Staff may not admit or readmit a Participant whose illness or medical condition prevents the Participant from comfortably participating in program activates or places other Participants at risk to the Facility for the duration of the illness or condition. (E) In case of an acute illness or injury to a Participant, Staff shall call for an emergency vehicle to transport the Participant to an authorized medical Facility. PART 12. MEDICATION STANDARDS. (A) A Staff member may not administer medication to a Participant without a parental medication authorization. Staff may not administer medication that is not in its original container or past the expiration date on the container. (B) A Staff member may not administer an injection or an amount of medication that is inconsistent with the prescribed dosage. A Staff member may administer an epinephrine auto-injector device if the Staff member has completed training approved by the Department. (C) A Staff member may not accept more than a daily supply of medication for a Participant and the member shall return the unused medication to the parent at the end of the day. (D) Staff must keep medication in a locked and secured location that is not accessible by participants. \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\dd5c7a89-93f1-4a8b-8d9b-0fe1a43595d5.docx Page 5 of 5 (E) A Staff member shall maintain a medication log that includes the name of the child to whom the medication is administered, the time the medication is dispensed and the name of the person dispensing the medication. PART 13. DISTRIBUTION OF STANDARDS. (A) The Department shall post and make available copies of the standards adopted in this Ordinance or by rules adopted under this Ordinance to parents. (B) The Department shall inform parents or guardians of each Participant that the Recreational Programs are not licensed by the state. The programs may not be advertised as child-care facilities. PART 14. ENFORCEMENT. (A) The Director or Designee shall monitor and enforce this Ordinance and the standards herein as required by law. PASSED ADOPTED, AND APPROVED this 25th day of May, 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:117-0242 Name:Margraves Rezoning Status:Type:Rezoning Agenda Ready File created:In control:5/11/2017 City Council Regular On agenda:Final action:5/25/2017 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 R Rural to RS Restricted Suburban for approximately 368.5 acres generally located east of Greens Prairie Road West and west of Arrington Road and to the south of Whites Creek Lane. Case #REZ2017-000004. 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 R Rural to RS Restricted Suburban for approximately 368.5 acres generally located east of Greens Prairie Road West and west of Arrington Road and to the south of Whites Creek Lane. Case #REZ2017-000004 Relationship to Strategic Goals: ·Neighborhood Integrity ·Sustainable City Recommendation(s):The Planning and Zoning Commission will considered this item at the May 18, 2017 meeting. Their recommendation will be provided at the City Council meeting. Summary:The applicant requests a rezoning from R Rural to RS Restricted Suburban, which is in compliance with the Comprehensive Plan Future Land Use and Character Map. 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 Restricted Suburban on the Future Land Use and Character Map. This designation is generally for areas that should have a moderate level of development activity. These areas will tend to consist of medium-density single- family residential lots (average 8,000 square feet) when clustered around open spaces, or larger lots sizes College Station, TX Printed on 5/19/2017Page 1 of 4 powered by Legistar™ File #:17-0242,Version:1 when not clustered. Townhomes, neighborhood commercial, and office uses may also be permitted in growth areas as an element of a planned development. 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 growth area designation does not provide specific direction for the Restricted Suburban land use. The Comprehensive Plan Five-Year Evaluation & Appraisal Report, completed in 2014, identified the need for a land use amendment for portions of this area. In 2015, City Council approved an amendment to the Future Land Use & Character Map from Estate to Restricted Suburban in this area, including the entire Margraves Tract and Wyndham Ranch property, per the recommendation of the Planning & Zoning Commission. Given the recent amendment, 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 larger area includes property currently zoned for commercial uses near the intersection of State Highway 6 South, William D. Fitch South (State Highway 40), and Arrington Road. While currently zoned R Rural, land to the northeast along Arrington Road and Greens Prairie Road West 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 land uses that are consistent with the Comprehensive Plan. The properties to the south and west of the subject tract are designated as Restricted Suburban on the Comprehensive Plan Future Land Use & Character Map. Castlegate Subdivision, to the west, is zoned Planned Development District (PDD) and is consistent in character to Restricted Suburban land uses. The tracts to the south are zoned R Rural and are undeveloped. It is likely that these properties will be rezoned in the future to allow for land uses that are consistent with the current land use designation, Restricted Suburban. Properties to the east, across Arrington Road, are located outside of City limits in the Extraterritorial Jurisdiction (ETJ). Although property in the ETJ is not subject to zoning or land use controls by the city, most properties are platted and developed as single-family residential. The proposed rezoning is compatible with the present zoning and conforming uses of nearby property and with the character of the surrounding 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 RS Restricted Suburban on approximately 368 acres. The subject tract is located near large established neighborhoods, an elementary school and the existing Caprock Crossing/Greens Prairie Center commercial developments. The Comprehensive Plan does not expect the subject property to maintain its rural character, but be a transitional zone that is less dense than the Castlegate Subdivision to the west and denser than the existing subdivisions located in the ETJ. With quick access to a grocery store, retail shops, restaurants, and service uses, higher density residential is suitable. 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: While this tract can support and is suitable for agricultural or other uses appropriate for a Rural designation, this tract was identified as one College Station, TX Printed on 5/19/2017Page 2 of 4 powered by Legistar™ File #:17-0242,Version:1 that could support higher density single-family residential in an effort to help meet the residential demand that exists in this 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 R Rural. The marketability of this tract as Rural is limited to large lot residential or agricultural uses as allowed under the zoning district. While this property can be marketed under the current zoning, single- family residential uses are more marketable and is needed to meet the demand that is increasing in the southern region of College Station. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use:There are existing 12-inch waterlines along Greens Prairie Road West and Arrington Road which will need to be extended in accordance with the Water Master Plan and looped throughout the development. There is also an existing 12-inch sanitary sewer line east of the property along Arrington Road available to serve the site. Based on estimated water and sewer demands, existing utility infrastructure appears to have adequate capacity to serve the proposed use. Currently there is no FEMA Special Flood Hazard area located on this tract. Drainage from the subject property is split between the Alum Creek, Spring Creek, and Peach Creek Drainage Basins. 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. The subject property has frontage to two existing streets identified on the Thoroughfare Plan: Greens Prairie Road West, a future four-lane Minor Arterial, and Arrington Road, a future two-lane Major Collector. The Thoroughfare Plan also depicts three future two-lane Minor Collectors within the tract that will be constructed as development of the tract occurs. Greens Prairie Road West is constructed as a two-lane rural section along this portion and funding is planned for a future City Capital Improvement Project (CIP) to design and re-construct Greens Prairie Road West as a four-lane section with completion currently anticipated in 2020. The portion of Arrington Road adjacent to the tract is located outside the City limits and is a two-lane rural section Brazos County roadway. The applicant has participated in discussions with Brazos County to dedicate additional right-of-way and participate in a project to widen and improve the condition of Arrington Road. The City is also completing the design of a traffic signal to be installed at the intersection of Greens Prairie Road West and Arrington Road. A traffic impact analysis (TIA) was submitted that analyzed the following eight existing street intersections for traffic-related impact: William D. Fitch Parkway/Arrington Road (both eastbound and westbound Fitch); Greens Prairie Road West/Arrington Road; Greens Prairie Road West/Castlegate Drive; Greens Prairie Road West/W.S. Phillips Parkway; Nantucket Drive/Harpers Ferry Road; Arrington Road/Harpers Ferry Road; Arrington Road/South Oaks Drive; and South Oaks Drive/SH 6 Southbound Frontage Road. The TIA also analyzed two proposed intersections: Greens Prairie Road West/new public street and Arrington Road/new minor collector. The TIA assumed the traffic signal at Greens Prairie Road West/Arrington Road would be installed, this section of Greens Prairie Road West would be widened to a four-lane Minor Arterial, the condition of Arrington Road outside the City limits would be improved, and Mesa Verde Drive in the Indian Lakes subdivision would be extended by Brazos County out to SH 6 at the Texas World Speedway overpass. With these projects completed, the TIA found that found most intersections would function well though some would need mitigation in order to retain an acceptable level of service with full development of the tract by 2027. The traffic mitigation identified is as follows: 1)A dual left-turn lane on eastbound Greens Prairie Road West at Arrington Road; 2)A traffic signal at the intersection of Greens Prairie Road West/Castlegate Drive; 3)A dedicated right-turn deceleration lane on eastbound William D. Fitch Parkway at Arrington Road; 4)Dedicated left and right-turn lanes on westbound South Oaks Drive at Arrington Road (or a College Station, TX Printed on 5/19/2017Page 3 of 4 powered by Legistar™ File #:17-0242,Version:1 median in Arrington Road to prevent left turns); and 5)Dedicated right-turn deceleration lanes for the proposed Minor Collectors intersecting Greens Prairie Road West and Arrington Road. Timing for implementation of the traffic mitigation will occur as part of the Preliminary Plan application when the number of residential lots and phasing of the subdivision is determined. Brazos County has indicated they will not plan to install a median in Arrington Road at South Oaks Drive with the Arrington Road re-construction project and will further study the need for dedicated turn lanes on westbound South Oaks Drive at Arrington Road when South Oaks Drive is anticipated to require pavement reconstruction in the 2022-2024 timeframe. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1.Background Information 2.Aerial and Small Area Map 3.Ordinance College Station, TX Printed on 5/19/2017Page 4 of 4 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: May 18, 2017 Advertised Council Hearing Date: May 25, 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) Castlegate 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: 3 as of the date of the Staff Report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North E Estate R Rural Unplatted, residential tracts South Restricted Suburban R Rural Agricultural, residential (Windham Ranch) East (across Arrington Road) Estate N/A - located in the ETJ Platted, residential lots West (across Greens Prairie Road W.) Restricted Suburban, Natural Areas Protected, Institutional Public PDD Planned Development District, GC General Commercial Castlegate Subdivision, Forest Ridge Elementary School DEVELOPMENT HISTORY Annexation: November 2002 Zoning: A-O Agricultural Open upon annexation (2002) Final Plat: Unplatted Site development: Vacant .ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL DISTRICT TO RS RESTRICTED SUBURBAN DISTRICT FOR APPROXIMATELY 368.5 ACRES BEING SITUATED GENERALLY EAST OF GREENS PRAIRIE ROAD WEST AND WEST OF ARRINGTON ROAD AND TO THE SOUTH OF WHITES CREEK LANE; 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 affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 25th day of May, 2017 ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.__________________ Page 2 of 6 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to RS Restricted Suburban: ORDINANCE NO.__________________ Page 3 of 6 ORDINANCE NO.__________________ Page 4 of 6 ORDINANCE NO.__________________ Page 5 of 6 EXHIBIT “B” ORDINANCE NO.__________________ Page 6 of 6 EXHIBIT “C” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0246 Name:Rezoning Request - HWY 30 Exxon Status:Type:Rezoning Agenda Ready File created:In control:5/11/2017 City Council Regular On agenda:Final action:5/25/2017 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 R Rural to GC General Commercial and NAP Natural Areas Protected for approximately 3 acres being the NE half of Block 4, Lot 1 of the Harvey Hillsides Subdivision, located at 3500 Harvey Road, generally located east of Copperfield Parkway and Harvey Road. Case #REZ2016-000045. Sponsors:Madison Thomas Indexes: Code sections: Attachments:Background Information Aerial and Small Area Map Ordinance Hwy 30 Exxon Rezone Exhibit A Hwy 30 Exxon Rezone Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to GC General Commercial and NAP Natural Areas Protected for approximately 3 acres being the NE half of Block 4, Lot 1 of the Harvey Hillsides Subdivision, located at 3500 Harvey Road, generally located east of Copperfield Parkway and Harvey Road. Case #REZ2016-000045. Relationship to Strategic Goals: ·Diverse Growing Economy ·Sustainable City Recommendation(s): The Planning and Zoning Commission will consider this item on May 18, 2017. Staff recommends approval of the rezoning. Summary: The applicant has requested a GC General Commercial and NAP Natural Areas Protected rezoning. The GC zoning district includes lands planned for general commercial purposes, including retail sales and service uses that function to serve the entire community and its visitors. The NAP is meant to prohibit development in an area that is environmentally sensitive. The area identified on this site to be rezoned to NAP consists of FEMA Floodplain. College Station, TX Printed on 5/19/2017Page 1 of 3 powered by Legistar™ File #:17-0246,Version:1 REZONING REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: If the previous request to amend the Comprehensive Plan from Urban to General Commercial and Natural Areas Reserved was approved at the May 11, 2017 City Council meeting, the proposed rezoning of GC General Commercial and NAP Natural Areas Protected is consistent with the Plan. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The subject area was zoned R Rural upon annexation. It is adjacent to a C-3 Light Commercial zoned property developed as office to the east, and Harvey Road (a future four-lane major arterial) to the north. To the west is undeveloped property zoned Rural upon annexation and to the south, single-family property located in the ETJ. GC General Commercial zoning is compatible with the surrounding property uses. The Natural Areas Protected zoning designation is for areas that represent a constraint to development, and should be preserved for their natural function. Proposing this designation at the rear of the property creates an additional buffer between the proposed commercial use and the existing single-family home in the ETJ. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The subject property is suitable for development as GC General Commercial. This subject area’s location is ideal for commercial activity being adjacent to a thoroughfare. The development restrictions of NAP Natural Areas Protected are suitable for the floodplain. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The subject property is currently zoned R Rural. Rural zoning is for large acre single-family lots and agriculture uses, making rural zoning not suitable for this property. Adjacent to Harvey Road, the property would be better suited to allow more intense uses, such as the proposed commercial. The floodplain at the rear of the property is suitable for the NAP Natural Areas Protected zoning that will restrict development and preserve the floodplain’s natural function. 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 area has limited potential for a single family home, due to its close proximity to existing commercial uses and it being adjacent to Harvey Road. The subject area would better function as a commercial use with a preserved floodplain based on its location and surrounding uses 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water is available to serve this property via an existing 8-inch line along Harvey Road. There is also an adjacent 18-inch sanitary sewer line along the south that may serve this property. With further site development, a PUE will need to be dedicated for the sewer line and the 8” water line will need to be extended along the front of the property, possibly requiring looping. Drainage is mainly to the South within the Carter’s Creek Drainage Basin. TXDOT permits will be needed for access along Hwy 30. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines.A TIA is not required since the proposed rezoning will not generate more than 150 vehicle trips during any peak hour period. College Station, TX Printed on 5/19/2017Page 2 of 3 powered by Legistar™ File #:17-0246,Version:1 Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Aerial and Small Area Map 3.Ordinance College Station, TX Printed on 5/19/2017Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: May 18, 2017 Advertised Council Hearing Date: May 25, 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: Crescent Pointe Property Owner’s Association Property owner notices mailed: 10 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 Harvey Road) Suburban Commercial GC General Commercial Undeveloped South Rural ETJ Single-family residential East Suburban Commercial C-3 Light Commercial Commercial West Urban R Rural Undeveloped DEVELOPMENT HISTORY Annexation: 1980 Zoning: A-O upon Annexation (1980) A-O renamed R Rural (2013) Final Plat: Harvey Hillsides 1967 Site development: Undeveloped ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO GC GENERAL COMMERCIAL & NAP NATURAL AREAS PROTECTED FOR APPROXIMATELY 3.175 ACRES BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAID TRACT BEING ALL OF A CALLED 3.18 ACRE TRACT OF LAND AS DESCRIBED AS SECOND TRACT BY A DEED TO MADELEINE PARKER THOMPSON RECORDED IN VOLUME 1245, PAGE 758 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID TRACT BEING A PORTION OF BLOCK 4, HARVEY HILLSIDES ACCORDING TO THE MASTER PLAT RECORDED IN VOLUME 264, PAGE 484 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AT 3500 HARVEY ROAD, GENERALLY LOCATED NORTH EAST OF THE INTERSECTION OF HARVEY ROAD AND COPPERFIELD PARKWAY, AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, and as shown graphically in Exhibit “B”, and Exhibit “C”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No. _______ Page 2 of 6 PASSED, ADOPTED, and APPROVED this 25th day of May, 2017. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Ordinance No. _______ Page 3 of 6 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to GC General Commercial and NAP Natural Areas Protected: Ordinance No. _______ Page 4 of 6 Ordinance No. _______ Page 5 of 6 EXHIBIT “B” Ordinance No. _______ Page 6 of 6 EXHIBIT “C” REZONE Engineer: PO Box 5192 Bryan, TX 77805 979-739-0567 TBPE F-9951 Harvey Hillsides Subdivision NE half of Block 4, Lot 1 (Pt of) 3.175 Acres March 2017 Owner: Copperfield Food Store LLC 5207 Ballybunion Ln College Station, TX 77845 Surveyor: Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 979-268-3195 ” ” ” ” ” N.T.S.Ordinance No. ___________Exhibit APage 4 of 6 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0245 Name:Public Utility Easement Encroachment – 617 Banks Public Utility Encroachment - 617 Banks Street Status:Type:Resolution Agenda Ready File created:In control:5/11/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion approving a resolution authorizing a License Agreement with Bracol Developers LLC pertaining to the 59 square foot encroachment in to the public utility easement area of a portion of a structure located at Lot 2R, Block 4, Prairie View Heights Subdivision, according to the plat recorded in Volume 13331, Page 121 of the Official Records of Brazos County, Texas. Sponsors:Carol Cotter Indexes: Code sections: Attachments:1 - Vicinity Map 2 - Location Map 3 - Resolution 4 - Exhibit A - License Agreements 5 - Exhibit A-License Agreement (Survey) 6- Application Action ByDate Action ResultVer. Presentation, possible action, and discussion approving a resolution authorizing a License Agreement with Bracol Developers LLC pertaining to the 59 square foot encroachment in to the public utility easement area of a portion of a structure located at Lot 2R, Block 4, Prairie View Heights Subdivision, according to the plat recorded in Volume 13331, Page 121 of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation:Staff recommends approval of the resolution granting the license to encroach at 617 Banks Street. Summary:A southwest wall of the house built at 617 Banks Street extends approximately an average of 1.59 feet into a 10-foot wide Public Utility Easement along the side property line. The encroachment does not conflict with any of the utilities in the easement and consent has been granted by all franchised utilities for the encroachment. Reviewed and Approved by Legal: Yes Budget & Financial Summary: N/A College Station, TX Printed on 5/19/2017Page 1 of 2 powered by Legistar™ File #:17-0245,Version:1 Attachments: 1.Vicinity Map 2.Location Map 3.Resolution 4.Resolution Exhibit A (License Agreement) 5.License Agreement Exhibit A (Survey) 6.Application for License to Encroach College Station, TX Printed on 5/19/2017Page 2 of 2 powered by Legistar™ RESOLUTION NO.___________ A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, BRACOL DEVELOPERS LLC, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 2R, BLOCK 4, PRAIRIE VIEW HEIGHTS SUBDIVISION, MORE COMMONLY KNOWN AS 617 BANKS STREET, INTO THE EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into a utility easement; WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; WHEREAS, in order for a license to be granted by the City Council of the City of College Station, the Council must make certain findings of facts; WHEREAS, after hearing the application of Bracol Developers LLC to encroach into the easement, the City Council of the City of College Station, finds the following facts: 1. That through no fault of the present property owner, a portion of the structure was constructed in the utility easement. 2. That there are no utilities which would be interfered with by the utilization of the property in its present status. 3. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the structure was constructed within the easement through no fault of the present property owner and that it is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property right of the applicant. 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and Resolution No.____________ Page 2 of 6 WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to him; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with Bracol Developers LLC pertaining to the encroachment of a portion of a structure located at Lot 2R, Block 4, Prairie View Heights Subdivision, more commonly known as 617 Banks Street into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this ______ day of ____________________________, 2017. ATTEST: APPROVED: ____________________________ ___________________________________ SHERRY MASHBURN KARL MOONEY City Secretary Mayor APPROVED: ____________________________ City Attorney Resolution No. ___________ Exhibit “A” Page 3 of 6 - 3 - LICENSE AGREEMENT THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by Bracol Developers LLC (hereinafter referred to as "LICENSEE"), owner of Lot 2R, Block 4, Prairie View Heights Subdivision, College Station, Texas, according to the plat recorded in Volume 13331, Page 121 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 2R, Block 4, Prairie View Heights Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above - described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improve ments upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the follow ing conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or Resolution No. ___________ Exhibit “A” Page 4 of 6 - 4 - E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the publi c has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICEN SEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the ________ day of ______________________, 2017. APPROVED: APPROVED: BRACOL DEVELOPERS LLC, CITY OF COLLEGE STATION, LICENSEE LICENSOR BY:______________________________ BY:________________________________ BRACOL DEVELOPERS LLC KARL MOONEY, Mayor ATTEST: ____________________________________ SHERRY MASHBURN, City Secretary STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of ________________, 2017, by ___________________________________, as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. ____________________________________ Notary Public in and for the State of T E X A S STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of _______________________, 2017, by ______________________ as __________________ of ________________________, on behalf of said ____________________. ____________________________________ Notary Public in and for the State of Texas Resolution No. ___________Exhibit "A"Page 5 of 6 Resolution No. ___________Exhibit "A"Page 6 of 6 Application for License to Encroach a Public Utility Easement Location: 617 Banks , College Station, TX. EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0240 Name:MMD appointment Status:Type:Appointment Agenda Ready File created:In control:5/10/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action, and discussion regarding appointments to the Rock Prairie Management District No. 2 Board of Directors. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:MMD letter Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding appointments to the Rock Prairie Management District No. 2 Board of Directors. Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary:The MMD Board is recommending that Council make two appointments to the Board: Jonathan Stark (Position 4) and Kamal Ariss (Position 5) with terms ending June 1, 2021. Budget & Financial Summary: None Attachments: MMD letter College Station, TX Printed on 5/19/2017Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0201 Name:HPC appointment Status:Type:Appointment Agenda Ready File created:In control:4/24/2017 City Council Regular On agenda:Final action:5/25/2017 Title:Presentation, possible action and discussion regarding an appointment to the Historic Preservation Committee. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action and discussion regarding an appointment to the Historic Preservation Committee. Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary: Michael Hardy, appointed January 2016, has submitted his letter of resignation. Staff has requested that the vacancy be filled with an appointment for an unexpired term (Janaury 2018). Budget & Financial Summary: None Attachments: None College Station, TX Printed on 5/19/2017Page 1 of 1 powered by Legistar™