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HomeMy WebLinkAbout11/23/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Internet: https://zoom.us/j/94552702890 *Phone: 888 475 4499 and Webinar ID: 945 5270 2890 November 23, 2020 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *The City uses a third­party vendor to help host the meeting and if the call­in number is not  functioning access will be through the internet link only.       1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 2 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. Upon being called to speak an individual must state their name and city of residence,  including the state of residence if the city is located out of state. Speakers are encouraged to identify  their College Station neighborhood or geographic location. Each speaker’s remarks are limited to  three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for  six (6) minutes. At the (3) minute mark the City Secretary will announce that the speaker must  conclude their remarks.     2.Hear Visitors     During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. 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  concern shall be directed to the City Manager.     3.Consent Agenda     During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on 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.  3.1.Presentation, discussion, and possible action of minutes for: • November 12, 2020 Workshop Meeting • November 12, 2020 Regular Meeting   Sponsors:Tanya Smith  Attachments:1.WKSHP111220 DRAFT Minutes 2.RM111220 DRAFT Minutes Page 1 of 78  City Council Regular Page 2 November 23, 2020 3.2.Presentation, discussion, and possible action on the second reading of a franchise agreement  ordinance with Brazos Valley Trash Valet and Recycling for the collection of recyclables from  commercial businesses and multi­family locations.  Sponsors:Donald Harmon  Attachments:1.Brazos Valley Trash Valet and Recycling Franchise Agreement  Ordinance 3.3.Presentation, discussion, and possible action regarding a resolution supporting an increase in  vehicle registration fees to address traffic and mobility issues through the Brazos County  Regional Mobility Authority.  Sponsors:Brian Piscacek  Attachments:1.RMA Resolution    4.Regular Agenda     During the Regular agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing, if  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  4.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  the Comprehensive Plan Future Land Use and Character Map from Wellborn Estate to  Wellborn Commercial for approximately 8 acres, generally located at 6620 Victoria Avenue.   Sponsors:Rachel Lazo   Attachments:1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, Small Area Map 4.Comprehensive Plan Amendment Map 5.Applicant's Supporting Information 4.2.Presentation, discussion, and possible action regarding a Semi­Annual Report on System­Wide  Impact Fees for Water, Wastewater, and Roadway.  Sponsors:Carol Cotter  Attachments:1.Impact Fee Semi­Annual Report 4.3.Presentation, discussion, and possible action regarding the conversion of various, existing  greenway properties to park land.  Sponsors:Venessa Garza   Attachments:1.Overview Map 2.Area1 3.Area2 4.Area3 5.Area4 4.4.Presentation, discussion, and possible action regarding an ordinance consenting toand  extending the Mayor's renewal of a disaster declaration due to public health emergency.  Sponsors:Jeff Capps  Attachments:1.November 23 Ordinance Renewing Disaster Declaration Page 2 of 78 City Council Regular Page 3 November 23, 2020 5.Presentation,  discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.  6.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website of the City of College Station, on  November 19, 2020 at 5:00 p.m. This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.”  City Secretary Page 3 of 78 November 23, 2020 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • November 12, 2020 Workshop Meeting • November 12, 2020 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP111220 DRAFT Minutes 2.RM111220 DRAFT Minutes Page 4 of 78 WKSHP111220 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION NOVEMBER 12, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 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 via Teleconference at 4:03 p.m. on Thursday, November 12, 2020, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1.1 Presentation, discussion, and possible action of Ordinance No. 2020-4221 of the City Council of the City of College Station, Texas, canvassing returns and declaring results of the general and special runoff election, held on November 3, 2020 for the purpose of electing City Councilmembers, Place 1, 3, and 5; and for the purpose of electing a City Councilmember, Place 4. Presentación, discusión acerca, y posible acción de una ordenanza del consejo de la ciudad de College Station, Texas, para escrutinar los resultados de los votos y declarando los resultados de la eleccion general y las elecciones especiales de segunda vuelta, celebrada el 3 de noviembre de 2020 con el propósito de elegir a un Miembro del Concejo Municipal, Lugar 1, 3, y 5; y con el propósito del elegir un Miembro del Concejo Municipal, Lugar 4. Tanya Smith, City Secretary, presented the results of the election to the Mayor and Council: City Councilmember, Place 4 an unexpired term: Elizabeth Cunha 18,584 Joe Guerra Jr. 13,511 Page 5 of 78 WKSHP111220 Minutes Page 2 City Councilmember, Place 1 a two (2) year term: Bob Brick 15,395 Jason Cornelius 15,390 City Councilmember, Place 3 a four (4) year term: Dell Seiter 12,394 Linda Harvell 18,365 With that Elizabeth Cunha received a majority of the votes is elected to serve as City Councilmember, Place 4 for the current unexpired term; that Bob Brick received a majority of the votes and is elected to serve as City Councilmember, Place 1; that Linda Harvell received a majority of the votes and is elected to serve as City Councilmember, Place 3. City Councilmember, Place 5 a four (4) year term: Craig Regan 10,633 Brian Alg 4,810 John Nichols 12,990 There was not a majority of votes to serve for City Councilmember, Place 5. The two candidates with the higher votes will proceed to a runoff. Craig Regan John Nichols MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2020- 4221, canvassing returns and declaring results of the general election, held on November 3, 2020, for the purpose of electing a City Councilmember for Place 1, 3 and 4. The motion carried unanimously. 1.2 Issuance of Certificates of Election to elected City Council Member Places 1, 3, 4 and 5; and administer Oaths of Office. (Entrega de los Certificados de las Elecciones a los Miembros del Consejo elegidos para los puestos número 1, 3, 4 y 5; y administrar los Juramentos al Cargo.) Judge Spillane administered the oath of office to Bob Brick, Councilmember, Place 1, Linda Harvell, Councilmember, Place 3, and Elizabeth Cunha, newly elected Councilmember, Place 4. There was not a majority of votes to serve for City Councilmember, Place 5. The two candidates with the higher votes will proceed to a runoff. 2. Reception The Workshop recessed at 4:12 p.m. for a reception to congratulate the November 3, 2020 elected Councilmembers for Place 1, 3, and 4, and moved into Executive Session. 3. Executive Session Page 6 of 78 WKSHP111220 Minutes Page 3 In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel the College Station City Council convened into Executive Session at 4:32 p.m. on Thursday, November 12, 2020, 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 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 City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Secretary City Manager Council Self-Evaluation Executive Session recessed at 6:08 p.m. 4. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 5. Presentation, possible action and discussion on items listed on the consent agenda. Items (4.2) and (4.8) were pulled from Consent for clarification. (4.2): Tanya Smith, City Secretary, explained that due to the November 3, 2020 Election no candidates that received a majority of the votes to serve as City Councilmember, Place 5. This will require a runoff election of the two candidates receiving the highest votes, that will be set with this ordinance on December 15, 2020. She also explained that by law a runoff must be held within 45 days after canvassing. The estimate cost for this Runoff Election is approximately $20,000 but that is with one polling location and additional polling location on Election Day will cost another $3,000. This cost does not include the publications, the cost for elections workers and other supplies that might be needed. (4.8): Donald Harmon, Director of Public Works, explained that this proposed agreement would allow Brazos Valley Trash Valet and Recycling to collect recyclables from commercial businesses and multi-family locations within the City of College Station. The company will be responsible for developing on-site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). 6. Council Calendar Council reviewed the calendar. Page 7 of 78 WKSHP111220 Minutes Page 4 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) Councilmember Nichols reported on the Chamber of Commerce Transportation Committee. Councilmember Cunha reported on the Planning and Zoning Commission. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 6:29 p.m. on Thursday, November 12, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 8 of 78 RM111220 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION NOVEMBER 12, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 6:29 p.m. on Thursday, November 12, 2020, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Presentation Presentation proclaiming December 2020 as The BCS Marathon Month. Mayor Mooney presented a proclamation marking December 2020 as “The BCS Marathon Month.” 3.Hear Visitors Comments No comments at this time. 4.CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for: Page 9 of 78 RM111220 Minutes Page 2 October 22, 2020 Workshop Meeting October 22, 2020 Regular Meeting 4.2. Presentation, discussion, and possible action on Ordinance No. 2020-4222 ordering a Runoff Election to be held on December 15, 2020 for the purpose of electing a City Council Member, Place 5, and an interlocal government agreement with Brazos County for the conduct and management of the City of College Station Runoff Election. (Presentación, discusión, y posible acción sobre una ordenanza que ordena una elección de la segunda vuelta que se celebrará el 15 de Diciembre de 2020 con el propósito de elegir a un miembro del Concejo Municipal, Lugar 5, y un acuerdo de gobierno Interlocal con el Condado de Brazos para la conducta y el manejo de la Elección de la Segunda Vuelta de la Cuidad de College Station.) 4.3. Presentation, discussion, and possible action for a 3-year Interlocal Agreement with Brazos County and the City of Bryan for College Station and Bryan to provide emergency medical ambulance services to Brazos County in an amount of $926,004.16 payable to the City. 4.4. Presentation, discussion, and possible action regarding change order number 3 to a contract for the Graham Road Substation, reducing the contract amount by $95,286.43. 4.5. Presentation, discussion, and possible action on the renewal of an Annual Price Agreement for the purchase of Electric Distribution Poles, to Techline INC. The electrical distribution poles will be maintained in electrical inventory and expended, as necessary. The total recommended renewal is for an amount not to exceed $912,608. 4.6. Presentation, discussion, and possible action on an Advance Funding Agreement (AFA) between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the FM 2154 Widening. 4.7. Presentation, discussion, and possible action regarding Change Order No. 4 deducting $116,980 from the contract with Garney Construction for the Water Well No. 9 project. 4.8. Presentation, discussion, and possible action on the first reading of a franchise agreement with Brazos Valley Trash Valet and Recycling for the collection of recyclables from commercial businesses and multi-family locations. Consent Item 4.2 was pulling for separate vote. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, with the exception of Item 4.2. The motion carried unanimously. (4.2) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the ordinance for Calling the Runoff Election on December 15th and an interlocal government agreement with Brazos County for the conduct and management of the City of College Station Runoff Election including an amendment to the ordinance calling the runoff election to have two polling places on Election Day, the College Station Utilities Meeting & Training Facility, and the Bob & Wanda Meyers Senior & Community Center. The motion carried unanimously. Page 10 of 78 RM111220 Minutes Page 3 Councilmember Cunha and Maloney requested staff to see to the feasibility of adding a Saturday early voting date and longer hours when coordinating the election with Brazos County Election Administrator. 5.REGULAR AGENDA 5.1. Presentation, discussion, and possible action regarding Ordinance No. 2020-4223 exchanging an approximately one acre tract of land originally acquired for streets and other public purposes with the abutting property owner for an approximately one acre tract of land for streets and other public purposes; both tracts which are located along State Highway 6 northbound frontage road within approximately 1,000 feet north of Barron Road; and directing the City Manager to execute the agreement and conveyance necessitated by such exchange. Emily Fisher, Assistant Director of Public Works, stated that as development in the Midtown area continues, city staff has evaluated the overall mobility of the area and determined a street connection further north of the city-owned property, aligned with Town Lake Drive (formerly Bird Pond Road), provides the safest and most efficient offset to Barron Road. Furthermore, TXDOT was also in agreement that the alignment should be shifted north. The city has completed a preliminary design of the future Town Lake Drive and determined the needed right of way for this alignment. This ordinance approves the exchange of the previously purchased city property for an approximately one- acre tract located about 375 feet to the north for the future alignment of Bird Pond Road. There is a specific provision in the law for this type of land exchange. The two tracts were appraised and are of equal value so the tracts can be exchanged without any passage of money. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2020-4223, exchanging an approximately one acre tract of land originally acquired for streets and other public purposes with the abutting property owner for an approximately one acre tract of land for streets and other public purposes; both tracts which are located along State Highway 6 northbound frontage road within approximately 1,000 feet north of Barron Road; and directing the City Manager to execute the agreement and conveyance necessitated by such exchange. The motion unanimously carried. 6.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Harvell requested a future agenda item for creating an Ad Hoc Business Committee. Councilmember Cunha requested a future agenda item to explore why some other committees are meeting in-person and City Council meetings are still virtual. Councilmember Cunha requested a future agenda item on ranked choice voting in City elections. Councilmember Maloney requested a future agenda with regards to the materials used to construct future greenway paths. Page 11 of 78 RM111220 Minutes Page 4 7.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 6:58 p.m. on Thursday, November 12, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 12 of 78 November 23, 2020 Item No. 3.2. Brazos Valley Trash Valet and Recycling Franchise Agreement Ordinance Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the second reading of a franchise agreement ordinance with Brazos Valley Trash Valet and Recycling for the collection of recyclables from commercial businesses and multi-family locations. Relationship to Strategic Goals: Core Services & Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: The proposed agreement would allow Brazos Valley Trash Valet and Recycling to collect recyclables from commercial businesses and multi-family locations within the City of College Station. The company will be responsible for developing on-site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Brazos Valley Trash Valet and Recycling Franchise Agreement Ordinance Page 13 of 78 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 14 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 1 of 16 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, PROFESSIONAL TRASH VALET, LLC DBA BRAZOS VALLEY TRASH VALET & RECYCLING, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION (“CITY”) FOR THE PURPOSE OF PROVIDING COLLECTION OF RECYCLABLES FROM COMMERCIAL BUSINESSES AND MULTIFAMILY RESIDENCES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter’s authority and grant a non-exclusive franchise to Contractor for collection of certain Recyclables generated from Commercial Businesses and Multifamily Residences residing in City limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Page 15 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 2 of 16 Table of Contents Article I. Definitions ...................................................................................................................... 3 Article II. Grant of Authority and Acceptance .............................................................................. 4 Article III. Payment and Term ....................................................................................................... 4 Article IV. Access to Records & Reporting ................................................................................... 6 Article V. Rates to be Charged by Contractor ............................................................................... 6 Article VI. Appearance of Personnel and Equipment .................................................................... 6 Article VII. Collection and Transport of Recyclables ................................................................... 7 Article VIII. Placement of Receptacles ......................................................................................... 7 Article IX. Service Complaints ...................................................................................................... 7 Article X. Disposal and Processing ............................................................................................... 8 Article XI. Violation and Penalty .................................................................................................. 8 Article XII. Insurance .................................................................................................................... 8 Article XIII. Indemnification and Release ..................................................................................... 9 Article XIV. Disputes and Mediation ............................................................................................ 9 Article XV. General Terms .......................................................................................................... 10 Exhibit A. Schedule of Rates ....................................................................................................... 13 Exhibit B. Insurance Requirements ............................................................................................. 14 I) Standard Insurance Policies Required: .............................................................................. 14 II) General Requirements Applicable to All Policies: ............................................................ 14 III) Commercial General Liability ........................................................................................ 14 IV) Business Automobile Liability ....................................................................................... 15 V) Workers’ Compensation Insurance ................................................................................ 15 Exhibit C. Certificates of Insurance ............................................................................................. 16 Page 16 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 3 of 16 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager’s designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable Page 17 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 4 of 16 materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll-Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non-Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights-of-way on, along, and across City streets, highways, alleys, public places and all other real property for Recyclables collection. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City’s governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Page 18 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 5 of 16 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Page 19 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 6 of 16 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor’s facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor’s records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor’s markets and prices paid for each type of material’s return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month’s collection. This report is due to the City’s Representative no later than the twentieth (20th) calendar day of each month. Contractor’s report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City’s Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City’s Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Page 20 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 7 of 16 6.2 Signage. Contractor’s vehicles shall at all times be clearly labeled with Contractor’s name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor’s roll-offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12”) in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City-approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll-offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll-offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City’s Representative. City reserves the right to designate the exact location of any or all roll-offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City’s collection of municipal solid waste. Under no circumstances shall contractor place roll-offs, compactors, or receptacles in existing enclosures designated for City roll-offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Page 21 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 8 of 16 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City’s Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non-recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City-approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Page 22 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 9 of 16 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement’s administration. The officers or representatives shall meet within thirty (30) days of either party’s request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non-binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator’s services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Page 23 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 10 of 16 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days’ written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Page 24 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 11 of 16 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties’ state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station Brazos Valley Trash & Recycling Attn: Michael Lucas, Fiscal Services Attn: David Sparks PO BOX 9960 3515-B Longmire Drive, #205 College Station, TX 77842 College Station, TX 77845 mlucas@cstx.gov dsparks@bvtrashvalet.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the day of , 2020. b. Second Consideration & Approval on the day of , 2020. Page 25 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 12 of 16 PROFESSIONAL TRASH VALET LLC CITY OF COLLEGE STATION DBA BRAZOS VALLEY TRASH VALET & RECYCLING By: By: Mayor Printed Name: Title: Owner/Member Date: ________________ Date: ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ Page 26 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 13 of 16 EXHIBIT A. SCHEDULE OF RATES I. Contractor’s base rate is $21.95 per month, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Page 27 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 14 of 16 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Page 28 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 15 of 16 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers’ Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Page 29 of 78 Contract No. 21300023 Recyclable Collection Franchise Ordinance Page 16 of 16 EXHIBIT C. CERTIFICATES OF INSURANCE Page 30 of 78 10/09/2020 Home Insurance Solutions of Texas 1324 Avenue D Katy, TX 77493 Stacey Stastny (281)293-7744 (281)293-0003 stacey@hisot.com 95954672-267428 8 Professional Trash Valet LLC DBA BV Trash Valet & Recycling 3515b Longmire Dr.#205 College Station, TX 77845 Hallmark Specialty Ins Co A Y Y P42402008-2 02/18/2020 02/18/2021X X X 1,000,000 5,000 1,000,000 2,000,000 included Progressive Insurance 29203 B Y Y 01338021-0 02/18/2020 02/18/2021 X 1,000,000 MCCLELLAND AND HINE, INC. C Y Y HFF0011930 02/18/2020 02/18/2021XX 1,000,000 1,000,000 CITY OF COLLEGE STATION IS NAMED AS ADblTIONAL'INSURED FORM CG2010 0704 ON THE GENERAL LIABILITY POLICY. WAIVER OF SUBROGATION IN FAVOR OF CITY OF COLLEGE STATION ON THE GENERAL LIABILITY AND WORKERS COMPENSATION POLICIES. THIRTY (30) DAY NOTICE OF CANCELLATION IN FAVOR OF CITY OF COLLEGE STATION EXCEPT TEN (10) DAYS FOR NONPAYMENT OF PREMIUM. (continued on ACORD 101 Additional Remarks Schedule) City Of College Station, Attn. Risk Management P.O. Box 9960 College Station, TX 77482 (SDS) Printed by SDS on October 09, 2020 at 03:13PM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Page 31 of 78 Printed by SDS on October 09, 2020 at 03:13PM 95954672 2 2 Home Insurance Solutions of Texas N/A Multiple Carriers Professional Trash Valet LLC DBA BV Trash Valet & Recycling 25 Certificate of Liability Insurance (continued from Description of Operations) SUBJECT TO POLICY CONDITIONS, LIMITATIONS, AND EXCLUSIONS. AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: AGENCY CUSTOMER ID: LOC #: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page ofADDITIONAL REMARKS SCHEDULE Page 32 of 78 Page 33 of 78 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/8/2020 (832) 494-1963 26808 Professional Trash Valet LLC 3515 B Longmire Dr Ste 205 College Station, TX 77845-5271 22945 A 1,000,000 P42402008-2 2/18/2020 2/18/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 B 0001314492 10/19/2020 10/19/2021 1,000,000 1,000,000 1,000,000 CITY OF COLLEGE STATION IS NAMED AS ADDITIONAL INSURED FORM CG2010 0704 ON THE GENERAL LIABILITY POLICY. WAIVER OF SUBROGATION IN FAVOR OF CITY OF COLLEGE STATION ON THE GENERAL LIABILITY AND WORKERS COMPENSATION POLICIES. THIRTY (30) DAY NOTICE OF CANCELLATION IN FAVOR OF CITY OF COLLEGE STATION EXCEPT TEN (10) DAYS FOR NONPAYMENT OF PREMIUM. SUBJECT TO POLICY CONDITIONS, LIMITATIONS, AND EXCLUSIONS. CITY OF COLLEGE STATION ATTN; RISK MANAGEMENT P O BOX 9960 COLLEGE STATION, TX 77842 PROFTRA-01 KAY Spring Insurance Agency 6605 Cypresswood Dr., Suite 400 Spring, TX 77379 Kay DOCKINS Kay@springinsurance.com Hallmark Specialty Insurance Company TEXAS MUTUAL INSURANCE COMPANY X X X X Page 34 of 78 November 23, 2020 Item No. 3.3. Resolution to Support an Increase in Vehicle Registration Fees Sponsor:Brian Piscacek, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution supporting an increase in vehicle registration fees to address traffic and mobility issues through the Brazos County Regional Mobility Authority. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Improving Mobility Recommendation(s): Staff recommend that Council adopt the resolution. Summary: This resolution supports the Texas House and Senate passing legislation to raise revenue for the Brazos County Regional Mobility Authority. Subject to Texas Legislative approval, the City agrees to a referendum being held to add a $10 fee to Brazos County residents’ vehicle registration to support transportation projects in Brazos County. A similar resolution was approved unanimously by the Brazos County Commissioners Court on October 6, 2020. A Regional Mobility Authority is an independent local government agency with the ability to finance, acquire, design, construct, operate, maintain, expand, or extend multimodal transportation projects. RMAs facilitate the funding and implementation of specific transportation projects or programs to address specific mobility needs such as congestion reduction or connectivity projects. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.RMA Resolution Page 35 of 78 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SUPPORTING AN INCREASE IN VEHICLE REGISTRATION FEES WHEREAS, traffic congestion and mobility are major local issues, and there was widespread local support for creating the Regional Mobility Authority; and WHEREAS, Brazos County needs assistance in funding the Brazos County Regional Mobility Authority which will address citizen concerns with traffic and mobility issues associated with a rapidly growing urban area; and WHEREAS, there is local support for the House and Senate passing legislation that would authorize Brazos County, subject to the approval of Brazos County voters, to add the $10 annual fee to residents’ vehicle registration fees; and WHEREAS, there is local support for the $10 increase in the vehicle registration fee; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in this Resolution are declared true and correct. PART 2:That the City Council hereby formally endorses the House and Senate passing legislation to raise revenue for the Brazos County Regional Mobility Authority. PART 3:That the City Council hereby agrees, subject to Texas Legislative approval, to a referendum being held to add the $10 fee to residents’ vehicle registration to support transportation projects in Brazos County. PART 4:That this Resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 20__. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 36 of 78 November 23, 2020 Item No. 4.1. Ordinance amending the Comprehensive Plan Future Land Use and Character Map from Wellborn Estate to Wellborn Commercial for approximately 8 acres, generally located at 6620 Victoria Avenue. Sponsor:Rachel Lazo Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan Future Land Use and Character Map from Wellborn Estate to Wellborn Commercial for approximately 8 acres, generally located at 6620 Victoria Avenue. Relationship to Strategic Goals: Diverse & Growing Economy Neighborhood Integrity Recommendation(s): The Planning & Zoning Commission heard this item at their November 5, 2020 Regular meeting and voted 3-2 to recommend approval. Staff recommends denial of the Comprehensive Plan Future Land Use and Character Map amendment due to inconsistencies with surrounding land uses and the Wellborn Community Plan. Summary: The applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Wellborn Estate to Wellborn Commercial for approximately 8 acres located west of the adjacent Castlegate II Subdivision. The subject property and properties to the north are primarily designated Wellborn Estate on the Comprehensive Plan Future Land Use and Character Map, while the properties to the west are Wellborn Suburban, to the east Restricted Suburban, and the properties to the south across Victoria Avenue are Estate. It is the applicant’s intent to develop self-storage units on the subject property. REVIEW CRITERIA 1. Changed or changing conditions in the subject area of the City: The subject property is currently designated as Wellborn Estate on the Comprehensive Plan Future Land Use and Character Map. The Wellborn Estate land use designation is generally for areas that should have limited development activities due to public service limitations and the prevailing rural character of the Wellborn community. These areas generally consist of low density single-family residential lots. The surrounding areas are designated as Restricted Suburban and Wellborn Estate on the Comprehensive Plan Future Land Use and Character Map. The character of the surrounding area is largely residential in nature and consists of low to moderate density residential uses. The subject property is located within the Wellborn Community Plan which was adopted by City Council on April 25, 2013. Generally, this area is located in the southwestern portion of the City and includes much of the Wellborn Community. According to the plan, the annexation process was contentious and throughout the process, residents, land-owners, and business owners expressed Page 37 of 78 their desire to preserve the area’s rural and unique character. Through the Wellborn Community Plan, citizens of the community have overwhelmingly identified the long-term character of Wellborn as being one of a rural nature with open space that is both privately and publicly held. The citizens see the area continuing as a place where local stores survive and low-density large acreage homesites remain. Within the past five years, there have only been two Comprehensive Plan amendments in this part of College Station. The first in December of 2015, where City Council heard and approved a request to amend the Comprehensive Plan Future Land Use and Character Map to allow for General Suburban for approximately 120 acres located northeast of the subject property. The second in January of 2019, where City Council heard and approved a request to amend the Comprehensive Plan Future Land Use and Character Map to allow Wellborn Commercial for approximately 7 acres located northwest of the subject property along Wellborn Road. Wellborn Commercial is generally for concentrations of commercial activities that focus primarily on the nearby residents versus the larger community. Such uses should be limited in size and not accommodate for drive-thru services. Specific design elements, as described in the Wellborn Community Plan, should be incorporated into such developments so as to limit the visual impact on the community and enhance the defined character. The effect of these amendments on the area are marginal as the area’s Future Land Use and Character Map has remained largely unchanged with the prevailing use in the subject area remaining low density residential uses. 2. Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole: To the east of the subject property is Castlegate II (overall density 2.86 dwelling units per acre) and to the west Turnberry Place (overall density 0.76 dwelling units per acre). South across Victoria Avenue, is Wellborn Oaks (overall density 0.23 dwelling units per acre) and to the north, is an existing single-family home located on 10 acres. The proposed amendment to Wellborn Commercial would create a commercial land use designation that is entirely surrounded by residential uses. The Wellborn Community Plan states that “citizens of the wellborn community and surrounding areas have identified the desire to maintain the existing level of commercial activity,” and that these commercial “development patterns should be closer to F.M. 2154.” 3. Impact on environmentally sensitive and natural areas: There is no FEMA designated floodplain on the property. However, the Peach Creek South Tributary runs through a section of the subject property and it is located within an existing private drainage easement. Future development on the subject property should be sensitive to the natural features of the area. While a Wellborn Commercial Designation would not require open space within the development, the applicant has stated that, “We recognize that a portion of this property is in an environmentally sensitive area, and we will accommodate for this area in the design of our plans.” 4. Impacts on infrastructure including water, wastewater, drainage, and the transportation network: The property is located within Wellborn Special Utility District’s water service area. A septic permit can be acquired from the Brazos County Health Department. Detention may be required with future development and would be addressed with the site plan. Drainage and other infrastructure required Page 38 of 78 with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property is located at the intersection of Victoria Avenue and Woodlake Drive, both of which are designated as future Major Collectors on the Thoroughfare Plan and currently constructed as rural section two-lane roadways. Victoria Avenue just to the east of the property is constructed as a collector through the adjacent Castlegate II subdivision. The Wellborn Commercial designation would increase the potential traffic generated from this site in comparison to the existing Wellborn Estate designation though the amount can vary greatly depending upon the specific use developed. 5. Consistency with the goals and strategies set forth in the Comprehensive Plan: The intent of College Station’s Future Land Use and Character Map is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The subject property and surrounding areas to the north and west are identified in the Comprehensive Plan as part of Wellborn Community Plan. The Wellborn Community Plan states that “citizens of the Wellborn Community have overwhelming identified the long-term character of Wellborn as being one of a rural nature with open space that is both privately and publicly held. The Citizens see the area continuing as a place where local stores survive and low-density large acreage homesites remain.” The proposed amendment to Wellborn Commercial would create a commercial land use designation that is entirely surrounded by residential uses. This would also create an isolated commercial use that is approximately 3,270 feet away from F.M. 2154 which the Wellborn Community Plan which states should be closer to F.M. 2154. The Wellborn Commercial land use designation is inappropriate for this property as it is surrounded by established low to moderate density neighborhoods to the west, east, and south across Victoria Avenue. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, Small Area Map 4.Comprehensive Plan Amendment Map 5.Applicant's Supporting Information Page 39 of 78 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN – FUTURE LAND USE & CHARACTER MAP FROM WELLBORN ESTATE TO WELLBORN COMMERCIAL FOR APPROXIMATELY 8 ACRES, GENERALLY LOCATED AT 6620 VICTORIA AVENUE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the “Comprehensive Plan of the City of College Station” is hereby amended by adding new Subsections qq. of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto and made a part hereof for the identified area. 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 this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this 23rd day of November, 2020. ATTEST:APPROVED: ______________________________________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Page 40 of 78 ORDINANCE NO. ___________Page 2 of 8 EXHIBIT A That Ordinance No. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding new subsections qq. to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A.Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1.Introduction; 2.Community Character; 3.Neighborhood Integrity; 4.Economic Development; 5.Parks, Greenways & the Arts; 6.Transportation; 7.Municipal Services & Community Facilities; 8.Growth Management and Capacity; and 9.Implementation and Administration. B.Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1.The Northgate Redevelopment Plan dated November 1996; 2.The Revised Wolf Pen Creek Master Plan dated 1998; 3.Northgate Redevelopment Implementation Plan dated July 2003; 4.East College Station Transportation Study dated May 2005; 5.Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 6.Central College Station Neighborhood Plan dated June 2010; 7.Eastgate Neighborhood Plan dated June 2011; 8.Parks, Recreation and Open Spaces Master Plan dated July 2011; 9.Southside Area Neighborhood Plan dated August 2012; 10.Medical District Master Plan dated October 2012; 11.Wellborn Community Plan dated April 2013; 12.Economic Development Master Plan dated May 2020; 13.South Knoll Area Neighborhood Plan dated September 2013; 14.The Water System Master Plan dated April 2017; and 15.The Wastewater System Master Plan dated April 2017. C.Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: Page 41 of 78 ORDINANCE NO. ___________Page 3 of 8 1.Text Amendments: a.Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b.Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c.Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. d.Chapter 8 “Growth Management & Capacity” by amending the text based on recommendations from the Annexation Task Force – Ordinance 3766, dated April 28, 2016. e.Chapter 1, Section 10; Chapter 5, Section 1; Chapter 5, Section 4; Chapter 8, Section 17; and Chapter 9, Section 3; by amending the text – Ordinance 3951, dated October 12, 2017. 2.Future Land Use and Character Map Amendment: a.301 Southwest Parkway – Ordinance 3255, dated July 2010. b.Richards Subdivision – Ordinance 3376, dated October 2011. c.Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012 d.1600 University Drive East – Ordinance 3535, dated November 14, 2013. e.2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. f.13913 FM 2154. – Ordinance 3546, dated January 9, 2014. g.2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. h.1201 Norton Lane – Ordinance 3555, dated February 27, 2014. i.3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. j.4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. k.The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. l.The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. m.The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. Page 42 of 78 ORDINANCE NO. ___________Page 4 of 8 n.The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. o.The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail – Ordinance 3779, dated June 9, 2016 p.The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. q.The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. r.The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016. s.The approximately 58 acres of land generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension –Ordinance 3830, dated October 27, 2016. t.The approximately 2 acres of land generally located on Corsair Circle north of Pavilion Avenue – Ordinance 3846, dated December 8, 2016. u.The approximately 18 acres of land generally located at the southeast corner of Sebesta Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8, 2016. v.The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block 1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County, Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east, more generally southwest of the intersection of Holleman Drive East and Lassie Lane by – Ordinance 3850, dated January 12, 2017. w.The approximately 6.3 acres of land generally located northeast intersection of Copperfield Parkway and Crescent Pointe Parkway - Ordinance 3859, dated February 9, 2017. x.The approximately 11.3 acres of land generally located at the southeast intersection of Earl Rudder Freeway South and Emerald Parkway – Ordinance 3875, dated April 27, 2017. y.The approximately 232 acres of land generally located south of Rock Prairie Road - Ordinance 3877, dated April 27, 2017. z.The approximately 5.96 acres of land generally located in the northeast corner of Associates Avenue and Harvey Road intersection. – Ordinance 3879, dated April 27, 2017. aa.The approximately 4.74 acres of land generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway – Ordinance 3882, dated May 11, 2017. bb.The approximately 3.2 acres of land generally located east of Copperfield Parkway and south of Harvey Road. – Ordinance 3884, dated May 11, 2017. Page 43 of 78 ORDINANCE NO. ___________Page 5 of 8 cc.The approximately 3.34 acres of land generally located north of Raintree Drive along Earl Rudder Freeway South – Ordinance 3901, dated July 27, 2017. dd.The approximately 12.5 acres generally located west of Earl Rudder Freeway South along Harvey Mitchell Parkway – Ordinance 3903, dated July 27, 2017. ee.Approximately 100 acres located along the east side of State Highway 6, south of The Business Park at College Station and north of the Texas World Speedway property- Ordinance 3906, dated July 27, 2017. ff.Approximately 1.7 acres of land being generally located at 12055 FM 2154 - Ordinance 3921, dated August 24, 2017. gg.Approximately 11 acres of land being generally located at 8822 Burgess Lane and near the east intersection of State Highway 47 and Raymond Stotzer Parkway – Ordinance 3965, dated December 14, 2017. hh.Approximately 29 acres of land being generally located at the west intersection of William D Fitch Parkway and Rock Prairie Road – Ordinance 3989, dated February 22, 2018. ii.Approximately 11.1 acres of land being generally located on the west side of Turkey Creek Road, approximately 500 feet south of HSC Parkway- Ordinance 4036, dated August 23, 2018. jj.Approximately 7.37 acres of land being generally located on the west side of FM2154, approximately 500 feet south of Barron Cut-Off Road – Ordinance 4066, dated January 10, 2019. kk.Approximately 13 acres of land being generally located at 1402 and 1404 Bird Pond Road – Ordinance 4090, dated April 25, 2019. ll.Approximately 1.3 acres of land being generally located generally located southwest of the intersection of Greens Prairie Road West and White’s Creek Lane – Ordinance 4103, dated June 27, 2019. mm.Approximately 8.7 acres of land generally located at 2709 Texas Avenue South – Ordinance 4121, dated September 12, 2019. nn.Approximately 1.3 acres of land generally located at 3030 University Drive East – Ordinance 4122, dated September 12, 2019. oo.Approximately 2.3 acres of land generally located on the south side of Harvey Mitchell Parkway South, approximately 80 feet east of the intersection with Dartmouth Street- Ordinance 4137, dated November 14, 2019. pp.Approximately 1.8 acres of land generally located at 12925 & 12965 FM 2154, - Ordinance 4145, dated December 10, 2019. qq.Approximately 8 acres of land generally located at 6620 Victoria Avenue – by this Ordinance, dated November 23, 2020. 3.Concept Map Amendment: a.Growth Area IV – Ordinance 3376, dated October 2011. b.Growth Area V – Ordinance 3376, dated October 2011. Page 44 of 78 ORDINANCE NO. ___________Page 6 of 8 4.Thoroughfare Map Amendment: a.Raintree Drive – Ordinance 3375, dated October 2011. b.Birkdale Drive – Ordinance 3375, dated October 2011. c.Corsair Circle – Ordinance 3375, dated October 2011. d.Deacon Drive – Ordinance 3375, dated October 2011. e.Dartmouth Drive – Ordinance 3375, dated October 2011. f.Farm to Market 60 – Ordinance 3375, dated October 2011. g.Southwest Parkway – Ordinance 3375, dated October 2011. h.Cain Road extension –Ordinance 3639, dated February 26, 2015. i.Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j.South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. k.Pavilion Avenue extension --Ordinance 3885, dated May 11, 2017. l.Future Minor Collector realigned to Harpers Ferry Road along Arrington Road – Ordinance 3949, dated October 12, 2017. m.2017 Thoroughfare Plan update to Map 6.6 – Ordinance 3962, dated November 20, 2017. n.Thousand Oaks Ranch area- Ordinance 4174, dated May 14, 2020. 5.Bicycle, Pedestrian and Greenways Master Plan Amendment: a.Cain Road extension – Ordinance 3639, dated February 26, 2015 b.Update to Maps 5.4 and 5.5-- Ordinance 3729, dated December 10, 2015. c.South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. d.Update to Maps 5.4 and 5.5 – Ordinance 3877, dated April 27, 2017. e.2017 Thoroughfare Plan update to Maps 5.4 and 5.5 – Ordinance 3962, dated November 20, 2017. f.2018 Bicycle, Pedestrian, and Greenways Master Plan Update to Maps 5.4, 5.5, 7.1, 7.2, 7.3, and 7.4 –Ordinance 4009, dated May 14, 2018. 6.Parks and Recreation Master Plan Amendment: a.Update to Map B/College Station Neighborhood Park Zone, to Map C/College Station Community Park Zone Map and to the text of Section 2 “Current Conditions and Trends,” subsection “Park Land,” paragraph five relating to said maps- Ordinance 3951, dated October 12, 2017. 7.Community and Neighborhood Plan Amendment: a.Eastgate Neighborhood Plan, Chapter 1 - Community Character, “Site Development Area 1 – Lincoln Avenue” – Ordinance 3956, dated November 9, 2017. D.General 1.Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid Page 45 of 78 ORDINANCE NO. ___________Page 7 of 8 such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2.Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3.General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4.General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5.Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” Page 46 of 78 ORDINANCE NO. ___________Page 8 of 8 EXHIBIT B That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 –Community Character” from Wellborn Estate to Wellborn Commercial shown as follows: Page 47 of 78 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: November 5, 2020 Advertised Council Hearing Date: November 23, 2020 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: Castlegate II, Creek Meadows, Wellborn Oaks, and Sweetwater Forest HOAs Property owner notices mailed: None Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Wellborn Estate Rural Single-Family Residential South Victoria Ave. (2-Lane Major Collector) n/a Victoria Ave. (2-lane rural roadway) East Wellborn Estate and Restricted Suburban Restricted Suburban Common Area, Single- Family Residential, and Vacant Lots West Wellborn Estate Rural Single – Family Residential DEVELOPMENT HISTORY Annexation: 2011 Zoning: A-O Agricultural Open upon annexation PDD Planned Development District with a base zoning of WE Wellborn Estate in 2018 Final Plat: Castlegate II Section 209, Block 47, Lot 14 in 2017 Site development: Undeveloped Page 48 of 78 Page 49 of 78 Page 50 of 78 Page 51 of 78 ATIQUE INVESTMENTS LLCCASTLEGATE II SEC 209, BLOCK 47, LOT 14Acres: 8.1Proposed Land Use: Wellborn CommercialGREENS PRAIRIE INVESTORS LTDCASTLEGATE II SEC 209, BLOCK 42LOT COMMON AREAS: 3, 9, 12Acres: 2.05Current Zoning: R - RuralCurrent Land Use: Wellborn Estate12345678910VICTORIA AVENUEATIQUE INVESTMENTS LLCCASTLEGATE II SEC 209, BLOCK 47, LOT 14Acres: 8.1Current Zoning: PDDCurrent Land Use: Wellborn EstateATIQUE INVESTMENTS LLCCASTLEGATE II SEC 209, BLOCK 47, LOT 14Acres: 8.1Proposed Land Use: Wellborn CommercialGREENS PRAIRIE INVESTORS LTDCASTLEGATE II SEC 209, BLOCK 42LOT COMMON AREAS: 3, 9, 12Acres: 2.05Current Zoning: R - RuralCurrent Land Use: Wellborn Estate12345678910VICTORIA AVENUEPropertyBoundary2 LaneMajor CollectorProposed 2 LaneMajor CollectorFeet050100EXISTINGPROPOSEDVICINITY MAPNOTES:1. THERE IS NO FEMA FLOODPLAIN LOCATED ONTHIS PROPERTY PER FEMA FIRM PANEL:48041C0325E EFFECTIVE DATE: 05/16/2012.Page 52 of 78 Atique Self-Storage Land Use Plan Amendment 1. What specific element of the Comprehensive Plan (for example, Land Use & Character designation, Thoroughfare Plan Context Class, or thoroughfare alignment) and at what specific location (if applicable) is requested to be amended? Land Use Plan Amendment at 6620 Victoria Avenue 2. Please list the amendment(s) requested. We request to amend the Land Use Plan from Wellborn Estate to Wellborn Commercial. 3. Please explain the reason for the amendment(s). In 2018, a PDD Planned Development District zoning was approved for the property with the intent to develop as a residential-based assisted living facility. The developers tried two different avenues to provide sewer to the property, as there is no capacity in the City of College Station sanitary sewer system that runs through Castlegate Subdivision. Initially, the development was designed with an on-site septic facility; however, the cost and long-term maintenance of this system proved problematic. As a second idea, the developers attempted to gain access to an offsite sanitary sewer system with capacity located in a subdivision to the northeast. Efforts were made to secure easements to that sewer line but we were unable to secure those easements due to an impasse between the width of easement required by the City (30ft) and the width that the property owner was willing to dedicate (20ft). Additionally, the development costs of developing 2-acre lots, in accordance with the WE Wellborn Estate zoning district have made a low-density development on this property unfeasible. Concrete roadways, underground utilities and impact fees for a 3-lot subdivision results in extremely expensive lot costs. Since sewer service is the biggest challenge for this property, we are exploring other possible low-sewer options for development, such as self-storage under the Wellborn Commercial land use designation. 4. Please explain the changed or changing conditions in the subject area of the City. When the City began requiring streets to be constructed using concrete rather than asphalt in November 2016, not only did it alter the feel of what was intended to be “rural character”, but it added a significant cost to development - especially low-density residential development. Further, both the City and Wellborn Special Utility District have started requiring impact fees that only add more costs to be distributed among a small number of lots. These added costs make low-density residential development unaffordable. However, there has been significant higher density residential development in the vicinity that contributes to the increased need for more self-storage options in this area of College Station. Market studies for self-storage estimate that 10% of residential units will utilize self-storage facilities. Development trends in College Station continue to show that most new single-family Page 53 of 78 residential development is being added in the southern portions of College Station. Self-storage at this location would help satisfy these demands. 5. Please show the compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole Wellborn Commercial is compatible with this area. Wellborn Commercial was designed for low intensity commercial uses and activities, such as self-storage. These uses are quiet and suitable for development within residential areas, as they serve the nearby residents. Commercial and other business uses can be found along this stretch of Victoria, including a Taekwondo studio 1200’ from the property, office buildings within 1800’, an RV storage facility within 2100’, and Wellborn SUD within 2500’ of the property. 6. Please list any impacts on environmentally sensitive and natural areas. We recognize that a portion of this property is in an environmentally sensitive area, and we will accommodate for this area in the design of our plans. 7. List any impacts on infrastructure, including water, wastewater, drainage and transportation network. Self-storage is a low impact use to infrastructure. There will be little to no impact to water, supplied by Wellborn Special Utility District, or wastewater. If an office is provided on-site, it will only need water and wastewater for one bathroom facility. Self-storage is a very low traffic generator and will not have an impact on the transportation network. 8. Explain consistency with the goals and strategies set forth in the Comprehensive Plan. The Wellborn Community Plan was adopted in 2013, with an anticipated implementation span of 7- 10 years. Since adoption, a number of development policies have been adopted that have made implementation of the plan difficult. There are a number of new development requirements that affect development costs and the feasibility of certain types of development. Since the Plan has reached the last phase of the process, it is our hope that the Wellborn Community Plan will be revaluated to determine whether or not present conditions still make this Plan viable for implementation. The Wellborn Community Plan contemplated the lack of sanitary sewer to this property when it was designated for Wellborn Estate uses, but it didn’t really contemplate the viability of that use given the size of the tract and the cost of development for three lots. Since low-density residential development is not feasible, and higher density residential isn’t an option, we believe Wellborn Commercial developed as a self-storage facility is the next best option, given the lack of sanitary sewer to the property. The Wellborn Community Plan states that “commercial activity should not be more intense than what can be found in the Community today” and that “new commercial opportunities should be provided to promote local, neighborhood-oriented businesses that are area appropriate in scale and character to the Wellborn Community and should represent the rural nature of the area through the Page 54 of 78 use of open space and design.” We fully believe this type of neighborhood commercial development can meet this goal for the Wellborn Community. Page 55 of 78 November 23, 2020 Item No. 4.2. Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Sponsor:Carol Cotter Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Presentation, discussion, and possible action regarding a Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Relationship to Strategic Goals: Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): At their meeting on November 5, 2020, the Planning and Zoning Commission along with a representative from the ETJ, acting in their capacity as the Impact Fee Advisory Committee, unanimously recommended acceptance of the Report. Staff also recommends that Council acknowledge and accept the Semi-Annual Report – No Further Action is required at this time. Summary: The attached Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local Government Code Chapter 395.058. The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. Fee implementation has occurred in phases, with full fee implementation having occurred in December of 2018. The service area for roadway impact fees is bounded by the City-limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow City- limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Land Use Assumptions and the related Capital Improvements Plans have remained applicable over the reporting period April 1, 2020 through September 30, 2020. Since there have been no major changes to any of the impact fee programs during the reporting period, this report primarily documents the fees collected in each of the service areas, and identifies the impact fee capital improvement projects that the revenues have been budgeted to help fund. The Planning and Zoning Commission, with the inclusion of an ETJ representative for service areas extending into ETJ, serves as the Impact Fee Advisory Committee (IFAC) per the City of College Station Code of Ordinances Chapter 107, Impact Fees. On November 5, 2020, the IFAC discussed and unanimously recommended support of the Semi-Annual Report. It is now being forwarded to Council for your status update. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: Page 56 of 78 1.Impact Fee Semi-Annual Report Page 57 of 78 1101 Texas Avenue South, P.O. Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: November 5, 2020 TO: Planning and Zoning Commission / Impact Fee Advisory Committee FROM: Carol Cotter, P.E., City Engineer SUBJECT: Semi-Annual Report - System-Wide Impact Fees for Water, Wastewater, and Roadway The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. Fee implementation occurred in phases, with full fees having occurred in December of 2018. The service area for roadway impact fees is bounded by the city limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow city limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Local Government Code requires Semi-Annual Reporting to monitor the progress of impact fees and to determine if an update to the fee study is necessary before the statutory five-year requirement. There have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. The statutory 5-year update is planned for this next year. Staff recommends that the Advisory Committee forward this report to City Council for their update. The City of College Station Code of Ordinances Chapter 107, Impact Fees, designates the Planning and Zoning Commission as the Impact Fee Advisory Committee (IFAC) with the inclusion of an ETJ representative for service areas extending into the ETJ. The IFAC is established to: 1. Advise and assist the City in adopting Land Use assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semi-annual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. System-Wide Impact Fees System-wide impact fees for water and wastewater were adopted September 22, 2016, with roadway impact fees following on November 10, 2016. The City’s adopted collection rates are lower than the maximum allowable fees calculated as presented in the table below. Water and wastewater fees were phased in, starting at 50% of the collection rate the first year, but are now being charged at the full collection rate. Roadway impact fees were phased in, beginning with zero fee collection in year one and 50% in year two. Full implementation of the fees occurred in December of 2018. Page 58 of 78 Land Use assumptions and the related Capital Improvements Plans have remained applicable over the reporting period April 1, 2020 through September 30, 2020. Impact fees can only be spent on eligible projects identified in the CIP. Status of the various programs are as follows: Water $500/Service Unit System-wide water impact fee revenues collected over the reporting period were $148,830 for a total amount of $1,101,680. Eligible costs of the adopted water system capital improvements plan were estimated at $34,140,850. Projected revenues at the adopted rate were estimated to be $5,325,000 based on the study’s 10-year growth assumptions. Collected amounts are budgeted to help fund Well #9 and Well #9 Collection Loop projects, as well as the SH6 Water Line project. Wastewater $3,000/Service Unit System-wide wastewater impact fee revenues collected over the reporting period were $655,050 for a total amount of $5,003,450. Eligible costs of the adopted wastewater system capital improvements plan were estimated at $72,285,486. Projected revenues at the adopted rate were estimated to be $36,149,000 based on the study’s 10-year growth assumptions. Collected amounts are being used to help fund the Lick Creek Wastewater Treatment Plant Expansion, The Lick Creek Parallel Trunk Line, the Carter’s Creek Diversion Lift Station, and Phases II and III of the Northeast Sewer Trunk Line. Roadway $375(Res) $80(Non-Res) /Service Unit Roadway impact fees collected over the reporting period were $61,081 for total amount of $245,413 (Zone A), $221,716 for total amount of $540,414 (Zone B), $93,025 for total amount of $734,763 (Zone C), and $32,907, for total amount of $262,687 (Zone D). Eligible costs of the adopted roadway capital improvements plan were estimated at $134,000,000. Projected revenues at the adopted rates were estimated to be $12,000,000 based on the study’s 10-year growth assumptions. Collected amounts in Zones B and C are being used to help fund the Rock Prairie Road West Expansion project and the Capstone/Barron Road Realignment project, in those respective Zones. Specific allocations from remaining zones will be made to impact fee eligible projects within the applicable zones in FY21 as warranted. System-Wide Impact Fee Allowable Max Rate per Service Unit Adopted Collection Rate per Service Unit 10-Year Capital Needs Eligible Capital Improvement Costs Total Amount Collected 2016 Projected 10-yr Recovery at Collection Rate Water $2,917 $500 $49M $34M $1,101,680 $5.3 M Wastewater $5,519 $3000 $154M $72M $5,003,450 $36 M Roadway Zone A $1,061 $375/$80 $17M $15M $245,413 $2.4M Roadway Zone B $1,072 $375/$80 $35M $16M $540,414 $3.0M Roadway Zone C $2,556 $375/$80 $71M $49M $734,763 $4.1M Roadway Zone D $4,004 $375/$80 $166M $55M $262,687 $2.5M Attachments: 1. Future Land Use Map 2. Impact Fee Service Area Map Water 3. Impact Fee Service Area Map Wastewater 4. Impact Fee Service Area Map Roadway Page 59 of 78 Texas A & M UniversityTexas A & M UniversityEAST BYPFM 2154 RDFM 50 RDE 29TH S T ROCK PRAIRIE RDCOUNTY RD-190 JONES RDRIVER RDWILLIAM D FITCH PKWYI AND GN R DCOUNTY RD-175FM-60BIRD POND RDWEL S H A V EUNIVERSITY DR ECOLE LNH O P E S C R E E K R D B O O NEVILLERDKOPPE BRIDGE RDPEACHCREEKRDHARVEY RDCAVI T T A V E BARRON RDROYDER RDKEMP R D W VILLA MARIA RDARRINGTON RDTONKAWAY LAKE RDN DOWLING RDROESE RDTEXAS AVE SDEACON DRE A R L R U D D E R F W Y S BARAK LNHARDY WEEDON RDGRAHAM RDF AND B RDN GRAHAM RDBECK STCOUNTY RD-269B ROADMOORDRS D O W LINGRDN E A R L R U D D E R F W Y NUNN JONES RDW 28TH STDOMINIK DRWEEDON LOOPJOHN RICE DRCARTER CREEK PKWY FM159RDFRANCIS DRGREENS PRAIRIE RD WN HARVEY MITCHELL PKWYLONGMIREDR NAVASOTARDGFINFE AT HE R R D QUAIL RUNHOLLEMAN DRSTRAUBRDCHICK LNPIPELINE RDOAK DRBRIARCRESTDRGLADE STVICTORIA AVEE 25TH STLEONARD RDE WM J BRYAN PKWYSEBESTA RDELMO WEEDON RDE 23RD STGANDY RDHICKS LNBRADLEY RDLINDA 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CTTRAN Q UI L LI T Y CI R TURN B E R R Y CI R LOBO DRHILL CIRPUEBLO CT SBRIDL E T R AIL S C T MILLERS LN TARR O W ST E BRON C O CI R STOCKTON DRBRITON DRBON NI E L N BLANCO LNPICKERING PLBERWICK PLKUBIN ST SANDIA PLZCOMAL CIRCOLD SPRING DRCAD D O CV STEFANIE DRPERRY LNCAJUN CUTOFF LNFIELDSARCTICBAY OAKS CTTWIN BLVDARRIN G T O N R D FM 2818 RD WTEXAS AVE SAPPOMATTOX DRFM 2818 RD WLEONARD RDE27THSTLINDA LNARHOPULOSRDEAGLEAVEW 28TH STRAYMONDSTOTZERPKWYLEONARD RDW BRONZE LNPOLO RDM E M O R I A L D R OLSENBLVDFOREST DRS TEXAS AVEVINCENT RDEAST BYPVALLEYVIEWDRUNIVERSITY DRE 30TH STK A T H Y F L E M IN G R D BLUERIDGEDRTURK RANCH RDPOTTER LNPeachCreekAlumCreekLickCreekCartersCreekSpringCreekStillCreekOldRiverTurkeyCreekBrazos Ri v e rBurtonCreekHudsonCreekBrushyCreek W h iteCreekCottonwoodBranchH o p e s C r e e kPantherCreekBeeCreekNavasotaRiverWicksonCreek GibbonsCreekMillicanCreekThompsonsCreekSandyBranchRockyCreekB o g g y Cr e e k C e d a r C r e e kWicksonCreekCarters CreekCartersCreekW icksonCreekO l d R i v e r BrushyCreekBrazos RiverPeachCreek BrazosRiverBeeCreekNavasota RiverWhite CreekNavasota RiverBeeCreekNavasotaRiverPeachCreekOldRiverStill CreekBrushyCreekBrushyCreekBrushyCreekNavasotaRiverPantherCreekBrazos RiverCartersCreekNavasotaRiverN a vasotaRive r PeachCreekNavaso ta R iverPeachCreekPeachCreekCottonwoodBranchStillCreekRockyCreekBrazosRiverLickCreekWhiteCreekPeachCreekBrazos RiverNavasotaRiverWhite CreekCartersCreekNavasotaRiverBee CreekNavasotaRiverPeachC r e e kNavasotaRiver Old RiverBrazos RiverOldR iverBrazosRiverC artersCree k BrushyCreekPeachCreekBrazos RiverCartersCreekHopesCreekNavasotaRiverPantherCreekNavasotaRiverC artersCreekB r a zosR iverHopesCreekLickCreekBrazos RiverCartersCreekUV21UV30UV6UV47UV308UV6RUV47City of Bryan03,2006,400SCALE IN FEETLEGENDRoadRailroadStreamCity LimitETJ BoundaryOther City LimitTAMU BoundaryFIGURE 2-1CITY OF COLLEGE STATIONFUTURE LAND USE!ICreated By Freese and Nichols, Inc.Job No.: CCL14321Location: H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-1)-Future_LandUse.mxdUpdated: Wednesday, July 13, 2016FUTURE LAND USE111 - Neighborhood Conservation910 - Rural130 - Estate140 - Village Center109 - Restricted Suburban110 - General Suburban120 - 250 - Urban275 - Urban Mixed Use210 - General Commercial200 - Suburban Commercial310 - Business Park410 - Institutional/Public800 - Natural Areas - Reserved430 - Medical Use450 - Texas A&M University710 - 720 - Natural Areas - Protected850 - Utilities!!!!!!!456 - Redevelopment Areas999 - Water¬¬¬¬¬¬816 - Wellborn Preserve - Open¬¬¬¬¬¬136 - Wellborn Estate - Open¬¬¬¬¬¬315 - Wellborn Business Park¬¬¬215 - Wellborn Commercial¬¬¬815 - Wellborn Preserve¬¬¬¬¬¬135 - Wellborn Estate¬¬¬¬¬¬108 - Wellborn Restricted Suburban¬¬¬115 - Wellborn SuburbanLand UseExpected(LUE per Acre)Worst Case(LUE per Acre)2010 Census Density(People per LUE)Institutional/Public - - -Natural Areas - Protected - - -Natural Areas - Reserved - - -Neighborhood Conservation - - -Rural ---Texas A&M University - - -Business Park 2 2 2.38Estate 0.8 1 2.38General Commercial 4 6 2.38General Suburban 4 6 2.38Medical 6 6 2.38Restricted Suburban 3 4 2.38Suburban Commercial 4 6 2.38Urban 15 30 2.38Urban Mixed Use 20 35 2.38Village Center 20 35 2.38FUTURE POPULATION DENSITYPage 60 of 78 (#UT(#UTUTUT[Ú!(!(!(!(!(!(!(2.0 MG Greens PrairieElevated Storage TankOverflow Elev. = 522'Dowling RoadPump Station(3) - 8,000 gpm Pumps(2) - 6,175 gpm Pumps(1) - 6,000 gpm Pump(1) - 5.0 MG Ground Storage Tank(1) - 3.0 MG Ground Storage TankOverflow Elev. = 370'3.0 MG Park PlaceElevated Storage TankOverflow Elev. = 522'City of Bryan29th StreetTexas A&MUniversityVilla MariaTexas A&M UniversityMaple StreetTexas A&M UniversityOlsen FieldWellbornHollemanWellbornRock PrairieWellbornFoxfire?c?c?c?¡?¡?À?¡?¡B U R L E S O N C O .B R A Z O S C O .18''12''24''30''42''16''20''10''16''1 2 ''16''18''12''1 2 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DRAMBERRIDGEDRWALNUT CREEK CTWINDWOODDRCAEOUSEL LNCHURCH STKOENIG STHIDDEN ACRES DRHARRINGTONAVEKOCH STTOLTEC TRLFINNEY R O LLING R D G OAK HILLS CIRCLAN VLGKORSHEA W AYENCINAS PLHARDY STW PEASE STL I VE O AK S T GREEN TREE CIRTRIPLE BEND CIRDONA DRWHISPERING OAKS DRJAMES PKWYBROOKWOODLNS TEXAS AVECOTTONWOOD STPA R K L A ND D R TECHNOLOGYLOOPPUMA DREMORYOAKDRVINCENTSTSUNDANCED R NORFOLK CTDA RWI N AVE PLEASANTSTFKENNICOLASAVEF A W N L N HICKORYRIDGECIRPOST OAK BNDDODGE STCRENSHAW CIRHORSEBACK CTWELLBORN HTSRED HILL DRS CAMPUS AVENOTTINGHAMDRSHOSHONI CTSHORTRDBERNBURG LN REMINGTON CTNORTHAVEWDALTONRIDGEDALE STD A VI D S L N CREST STCECILIA CTCRENSHAW LNCALUSA SPRINGS DR HOPESCREEKMEADO W C IRCITATION CIROAK FORRESTMANOR WOOD DRIRISLNWA LLACE STRENWICK DRSTRAND LNDAKOTA RIDGE DRMYRTLE DRHIGHLAND DRPECAN PECACOUNTRY MEADOWS LNREBECCA STJORDANLOOPO A K TER THOMAS BLVDWHITE STONE DRWILLOWRIDGEDRANTLER CIRROBERTS STCRYSTAL LNMESA DRMCKENZIETERMINALBLVDOAKWOOD STSHAWNEE CIRBRYANT STT R A N Q U IL L IT Y C IR COPPER RIVER DRTURNBERRY CIRPUTTER CTPANTERA DRLOBO DRTIFFANY PARK DRPRESTWICK CTHILL CIRSTONEPARC DRS COULTER DRSAINT L O U IS ST FOX CIRBR ON C O C IR WILLIAMS RD YOUNG PLSTOCKTON DRBRITON DRBONNIE LNKAZMEIER PLZBLANCO LNPINE STPICKERING PLWESTMINSTER DRTO RO L N H E N R Y C T CLARE CTGREEN RIDGE CIRKNIGHT DRFLAGSTONE CTCOMAL CIRCOLD SPRING DRRICHMOND AVEARROYO CT SWOODHAVEN CIRBEATRIZ LNPERRY LNCAJUN CUTOFF LNBRIARWOOD CIRSTAUFFER CIRLYNX CVBITTLE STHERITAGE LNFAWN CTY-Z STPINEHURST CIRMIANA CTSEMINOLE CTELKTON CTOAK BLUFF CIRCAMARGO CTTRENT CIRR O OS E VE LT ST RAYMONDSTOTZERPKWYPARK PLS COULTER DRLINDA LNUNION STHOUSTON STN EARL R UD D ER FW YS TEXAS AVEAPPOMATTOX DRTURK RANCH RDBLUERIDGEDRE 26TH STE28THSTE 28TH STPOLO RDWELLB ORN RDLEONARD RDARHOPULOSRDEAST BYPFOUNDERSDRLANGFORD STVINCENT RDSGORDONSTJ A M E SPKWYK A T H Y F L E M I N G R D S TABOR AVEW 28TH STOAK STKENT STE VILLA MARIA RDLOUISSTBURT STLUTHERSTWPOTTER LNW BRONZE LNNavasotaRiver LickCreekPeachCreekBrazos RiverPantherCreekOldRiverBeeCreekBrushyCreekWhiteCreekHopesCreekAlumCreekWicksonCreekGibbonsCreekSpringCreekTurkeyCreekB urtonCreekStillCreekHudsonCreekCottonwoodBranchRockyCreekMillicanCreekDryCreekRockLakeCreekSandyBranch CedarCreekBoggyCreekThompsonsCreekB r u shyC ree kCartersCreek C artersCreekCartersCreekCartersCreekCarters Cr ee k C artersCreekCartersCreekC artersCree k C artersCree k City of Bryan03,0006,000SCALE IN FEETFIGURE 2-2CITY OF COLLEGE STATIONIMPACT FEEWATER SERVICE AREA!ICreated By Freese and Nichols, Inc.Job No.: CCL16175Location: H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-2)-Existing_W_Service_Area.mxdUpdated: Friday, October 07, 2016LEGEND!(Interconnection(#UTElevated Storage TankUTGround Storage Tank[ÚPump Station8" and Smaller Water Line10" and Larger Water LineRoadRailroadStreamLake/PondParcelImpact FeeWater Service AreaCity LimitETJ BoundaryOther City LimitCounty LinePage 61 of 78 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Wastewater Line10" and Larger Wastewater Line8" and Smaller Force Main10" and Larger Force MainRoadRailroadStreamLake/PondParcelImpact FeeWastewater Service AreaCity LimitETJ BoundaryOther City LimitCounty LineFIGURE 2-3CITY OF COLLEGE STATIONIMPACT FEEWASTEWATER SERVICE AREA!ICreated By Freese and Nichols, Inc.Job No.: CCL16175Location: H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-3)-Existing_WW_Service_Area.mxdUpdated: Wednesday, October 12, 2016User: 02499Page 62 of 78 ROCK PRAIRIE ROAD W I L L I A M D F I T C H PA R K WAY SH 6 H A RV E Y M I T C H E L L PA R K WAY WELLBORN ROADSOUTH TEXAS AVENUE SH 6 ROCK PRAIRIE ROADBIRD POND ROADHARVEY ROADUNIVERSITY DRIVEB D A C Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Legend City Limits Service Areas A B C D Streets Exhibit 1Service Areas November 2016 N010.5 Miles Page 63 of 78 November 23, 2020 Item No. 4.3. Conversion of various existing greenways property to park land Sponsor:Venessa Garza Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the conversion of various, existing greenway properties to park land. Relationship to Strategic Goals: 1. Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends support for the conversion of 27.4 acres of greenway property to park land. On Nov. 10, 2020, the Parks & Recreation Advisory Board unanimously passed a motion recommending approval of the conversion from greenway to park land. Summary: Greenway property in four areas are proposed and are referenced below and in the attached maps. These greenways were acquired using 1998 bond funds and by dedication. - Area #1 is 11.11 acres and is adjacent to University Park (10 acres). Total park acreage with the proposed conversion would be 21.11 acres. - Area #2 is 1.45 acres and is in the Southland Addition subdivision. - Area #3 is 11.95 acres, fronts on State Highway 6 and has a pond referred to as Head Lake. - Area #4 is 2.9 acres and is adjacent to Creekview Park (4.3 acres). Total park acreage with the proposed conversion would be of 7.2 acres. Budget & Financial Summary: No budgetary or financial implications. Reviewed & Approved by Legal: No Attachments: 1.Overview Map 2.Area1 3.Area2 4.Area3 5.Area4 Page 64 of 78 Overview Map 1 2 3 4 TE X A S A V E N U E S SH 6 S S H 6 SFM 28 1 8GEORGEBUSHDRIVE WEL L BOR NR O A DUNIVERSITY DRIVEUN IV E R S I T Y D R I V E E A S T HARVEY ROADHOLLEMAN DR IVE SOUTH S O U TH W E S TPARKWAYHOLLEMANDRIVEROCK PRAIRIE ROADBIRDPONDROAD BARRON ROADF&BROADDOMINIKDRIVEL ONGMIR E DRIVEM ID T O WND RIV E D E A C O N D RIVEWE L S H A V E N U ELINCOLN AVENUEGRAHAM R OAD Page 65 of 78 1 University Park A U T U M N C I R C L EWINTERPARK PARKROADTARROW STREETArea #1 1 inch = 0.04 miles Parks Greenways Page 66 of 78 2 AR I ZONA S T R E E TONE Y H E RV E Y D R IV E SOUTHLAND STREET Area #2 1 inch = 0.02 miles Multi-use Path Existing Multi-use Path Proposed Greenways Page 67 of 78 3 Emerald Forest Park EARLRUDDERFREEWAYSOUTHL A U R E N D R I V E WALNUTBEN DROSEWOOD DRIVEJ U S T I N A V E N U E A L I S O N A V E N U E Area #3 1 inch = 0.05 miles Multi-use Path Proposed Parks Greenways Page 68 of 78 4 Creek View Park Edelweiss Gartens Park VI C T O R I A A V E N U E CRESTEDPOINTDRIVEHARTFO RD D RIV E S P R I N G F I E L D D R I V E ROBELMONT DRIVENIGHT RAIN DRIVEHARVEST DRIVEWE S T F I E L D D R I V EME A D OW V I EW D R I V E R U G E N L A N E F A I M E S C O U R T R A N S B E R G C O U R T S N OW D A N C E C O U R TPLANO DRIVE E S S E N L O O P A R D E N N E C O U R T MEIR LANE Area #4 1 inch = 0.04 miles Multi-use Path Existing Greenways Parks Page 69 of 78 November 23, 2020 Item No. 4.4. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARSCoV2, (COVID-19). On March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19. On March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020. On March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020. On March 30, 2020, the College Station City Council adopted an ordinance consenting and approving the Second Mayoral Order. On April 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 23, 2020, the College Station City Council consented with Ordinance 2020-4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal. On May 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal. On June 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 25, 2020, the College Station City Council consented with Ordinance 2020-4195 to the Mayor’s June 22, 2020, Disaster Declaration Renewal. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face Page 70 of 78 coverings for commercial entities until Friday, July 10, 2020. On July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings. On July 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 23, 2020, the College Station City Council consented with Ordinance 2020-4203 to the Mayor’s July 22, 2020, Disaster Declaration Renewal. On August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls. On August 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the Mayor’s August 21, 2020, Disaster Declaration Renewal. On September 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the Mayor’s September 21, 2020, Disaster Declaration Renewal. On October 20, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the Mayor’s October 20, 2020, Disaster Declaration Renewal. On November 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.November 23 Ordinance Renewing Disaster Declaration Page 71 of 78 ORDINANCE NO.__________ DISASTER DECLARATION RENEWAL AND EXTENSION ORDINANCE WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 23, 2020, in Ordinance No. 2020-4164; and WHEREAS; on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal; and WHEREAS; on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS; on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS; on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 72 of 78 Ordinance No Page 2 of 4 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS; on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, and June 22, 2020; and WHEREAS; on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS; on August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, and July 22, 2020; and WHEREAS; on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS; on September 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020 and August 21, 2020; and WHEREAS; on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS; on October 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020; and September 21, 2020 and WHEREAS; on October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the October 20, 2020, Disaster Declaration Renewal; and Page 73 of 78 Ordinance No Page 3 of 4 WHEREAS; on November 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020 and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1. That the state of disaster renewal proclaimed by the Mayor on November 20, 2020, as set out in Exhibit A is consented to and extended by the College Station City Council and shall continue until terminated by the College Station City Council. 2. This Ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the 23rd day of November, 2020. PASSED AND ADOPTED, this 23rd day of November, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 74 of 78 Ordinance No Page 4 of 4 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON NOVEMBER 20, 2020 Page 75 of 78 DECLARATION OF DISASTER RENEWAL WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 23, 2020, in Ordinance No. 2020-4164; and WHEREAS; on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal; and WHEREAS; on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS; on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS; on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 76 of 78 Disaster Declaration Renewal Page 2 of 3 COVID-19 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS; on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, and June 22, 2020; and WHEREAS; on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the July 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS; on August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; and July 22, 2020 and WHEREAS; on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the August 21, 2020, Disaster Declaration Renewal; and WHEREAS; on September 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, and August 21, 2020 and WHEREAS; on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS; on October 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, August 21, 2020, and September 21, 2020 and WHEREAS; on October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the October 20, 2020, Disaster Declaration Renewal; and Page 77 of 78 Disaster Declaration Renewal Page 3 of 3 COVID-19 WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEGE STATION: 1. Pursuant to §418.014 of the Texas Government Code the state of disaster is hereby renewed as proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020 are renewed, until terminated by the College Station City Council. 2. Pursuant to §418.108(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration, unless continued or renewed by the City Council of College Station. 3. Pursuant to §418.108(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. That this proclamation shall take effect on November 20, 2020. DECLARED this 20th day of November, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 78 of 78