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HomeMy WebLinkAbout12/18/2012 - Special Agenda Packet - City CouncilTable of Contents Agenda 2 Special No. 2 - State Legislative Plan for the 83rd Legislature Coversheet revised 5 Draft Legislative Plan 6 Special No. 3 - Utility Outage Reporting System Coversheet revised 20 Special No. 4 - Pay Day Lending Regulation Coversheet updated 21 United Way Documents 22 Special No. 5 - Engagement letter Coversheet 25 Special No. 6 - Approval of an Amendment to the Interlocal Cooperation and Joint Development Agreement for the Joint Research Valley BioCorridor Development Project Coversheet revised 26 BioCorridor ILA Amendment 27 Special No. 8 - Resolutions Creating City Council Standing Committees. Coversheet revised 32 Economic Development Committee Resolution 34 Budget and Finance Committee Resolution 35 Compensation and Benefits Committee Resolution 37 Transportation and Mobility Committee Resolution 39 Special No. 9 - Council Appointments Coversheet revised 41 1 CITY OF COllEGE STATION Home o/Texas A&M University'Mayor Council members Nancy Berry Blanche Brick Mayor Pro Tern Jess Fields Karl Mooney John Nichols City Manager Julie M. Schultz David Neeley James Benham Agenda College Station City Council Special Meeting Tuesday, December 18, 2012 at 2:00 PM USC Training Facilities Assembly Room -1603 Graham Road College Station, Texas 1. Call meeting to order. 2. Presentation, possible action, and discussion regarding the city's State Legislative Plan for the 83rd Legislature. 3. Presentation, possible action, and discussion regarding options and enhancements for the Utility Dispatch outage reporting and tracking system. 4. Presentation, possible action, and discussion of information about payday and auto title lending businesses, as well as efforts other cities are undertaking to bring about regulation of this industry. 5. Presentation, possible action, and discussion regarding approval of an engagement letter between the City of College Station and Allen Boone Humphries Robinson, LLP in the amount of $105,000 to provide services to the City in connection with the creation of two municipal management districts related to the Medical District and authorizing the City Manager to execute the engagement letter on behalf of the City Council. 6. Presentation, possible action, and discussion regarding an amendment to the Interlocal Cooperation and Joint Development Agreement for the Joint Research Valley BioCorridor Development Project. 7. Presentation, possible action and discussion regarding Year-end budget savings distribution to eligible employees. 8. Presentation, possible action, and discussion regarding resolutions to create a City Council Economic Development Committee, Budget and Finance Committee, Compensation and Benefits Committee, and a Transportation and Mobility Committee. 9. Presentation, possible action, and discussion regarding the appointment of Councilmembers to boards and commissions. City Council Special Meeting Page 2 Tuesday, December 18, 2012_ 10. Executive Session. Consultation with Attorney {Gov't Code Section 551.071}; possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: Litigation a. City of Bryan's application with TCEQ for water & sewer permits in WestsidelHighway 60 area, near Brushy Water Supply Corporation to decertify City of College Station and certify City of Bryan b. Chavers v. Randall Hall et aI, Case No. 10 CV -3922; Thomas Chavers et al. v. Kalinec Towing Company, Inc. et aI., Cause Number 201237978, In the 270 District Court of Harris County, Texas. c. College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023 d. Shirley Maguire and Holly Maguire vs. City of College Station, Cause No. 11-002516-CV-272, In the 272 nd District Court of Brazos County, Texas e. Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v. Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172-CV -272, in the 272 nd District Court of Brazos County, Tx. f. Claim and potential litigation related to a June 24, 2011 collision with a city vehicle. 85 th g. State v. Carol Arnold, Cause Number 11-02697-CRF-85, In the District Court, Brazos County, Texas Real Estate {Gov't Code Section 551.072}; possible action The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Property located generally in the area north of University Drive, east of Agronomy Road, and west of Wellborn Road. Economic Incentive Negotiations {Gov't Code Section 551.087}; possible action The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Discuss economic development incentive negotiations with T AMUS b. Economic Development prospect in the Biocorridor 11. Take action, if any, on Executive Session. 12. Adjourn. Iflitigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. City Council Special Meeting Page 3 Tuesday, December 18, 2012 APP.ROVE~(1?IL Cl Y Manager r Notice is hereby given that a Special Meeting of the City Council of the City of College Station, Texas will be held on the Tuesday, December 18, 2012 at 2:00 PM at the USC Training Facilities Assembly Room -1603 Graham Road, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of. College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.gov.TheAgendaandNoticearereadilyaccessibletothegeneralpublicatalltimes.Said Notice and Agenda were posted on December 14, 2012 at 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by ___________ Dated this __day of _______, 2012 By________________ Subscribed and sworn to before me on this the __day of _______, 2012. Notary Public -Brazos County, Texas My commission expires: _____ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19. December 18, 2012 Special Agenda Item No. 2 State Legislative Plan To: David Neeley, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action, and discussion regarding the city’s State Legislative Plan for the 83rd Legislature. Relationship to Strategic Goals: N/A Recommendation(s): Staff recommends that Council receive the presentation and provide feedback and direction on the city’s Legislative Plan. Summary: At the last Council meeting, the Council received an update on the trends and expected issues facing the 83rd Legislature from consultants Dan Shelley and Jennifer Rodriguez. Since that time, staff has worked with the consultants to develop a Draft Legislative Plan. Ultimately, the Legislative Plan will be utilized by the consultants and staff to represent the positions of the city to legislators and their staffs throughout the session. The Draft Legislative Plan offers position statements on issues in the following areas: • General Administration - Election Law - Open Meetings & Open Records Law - Annexation - Appraisal & Revenue Caps - Municipal Authority - Unfunded Mandates - Vital Statistics and Records - Newspaper Notices - Windstorm Insurance - Pay Day Lending • Economic Development • Law Enforcement • Public Utilities and Infrastructure - Water / Waste Water - Electric Utility - Sanitation - Transportation • Parks and Recreation As the 83rd Legislature gets underway in January, it is likely that additional issues will arise. Staff will coordinate with our consultants to monitor bills throughout the session and keep the Council informed and seek direction as necessary. Budget & Financial Summary: N/A Reviewed and Approved by Legal: N/A Attachments: Draft Legislative Plan 5 City of College Station Legislative Plan 83rd Texas Legislature 6 DRAFT Nancy Berry, Mayor Blanche Brick John Nichols Jess Fields Julie Schultz Karl Mooney James Benham David Neeley, City Manager 7 The 83rd Texas Legislature will convene Tuesday, January 8, 2013 at the State Capitol. The membership of the legislature will include a large number of new members, especially in the Texas House of Representatives. There will be 95 Republicans and 55 Democrats in the House including 41 freshman who will join 25 second term members. The Senate retains its division of 19 Republicans and 12 Democrats. The Comptroller of Public Accounts has reported improvements in the Texas economy largely resulting from increases in sales tax receipts. Additionally, the state’s Rainy Day Fund, generated primarily by oil and gas production taxes, has replenished to an estimated $8 billion after lawmakers dipped into it in 2011 to use more than $3 billion to help pay for the state budget. However, lawmakers will be tasked with funding familiar big ticket items including a Medicaid program underfunded by $4.7 billion, increases in the public education population, rising costs and client numbers in health and human services programs, transportation projects and others. Current members of the legislature began filing the first of more than 5,000 proposals expected to be filed during the legislative session Monday, November 12, 2012. Many of these bills, if passed, will impact cities. The City will direct staff and its legislative consultants to make efforts to assist in the passage of certain bills favorable to the City and to assist in the defeat of certain bills harmful to the City. City of College Station DRAFT Legislative Plan December 2012 8 State Senator - Dr. Charles Schwertner, Georgetown State Representative - John Raney, Bryan State Representative - Kyle Kacal, College Station 9 Tuesday, January 8, 2013 (1st day) 83rd Legislature convenes at noon Friday, March 8, 2013 (60th day) Deadline for filing bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor Monday, May 27, 2013 (140th day) Last day of 83rd Regular Session; corrections only in house and senate Sunday, June 16, 2013 (20th day following final adjournment) Last day governor can sign or veto bills passed during the regular legislative session Monday, August 26, 2013 (91st day following final adjournment) Date that bills without specific effective dates (that could not be effective immediately) become law LEGISLATIVE TIMELINE 10 Proposal of Initiatives The City will identify a specific issue and will lead efforts to pass the related legislation. These efforts include actively supporting the drafting of the legislation, securing a bill sponsor in both chambers, providing witness testimony and other measures to actively pursue passage of the bill and approval by the Governor. Joint Initiatives A joint initiative will be shared by the City and other stakeholders. The City will work with the other stakeholders in a partnership to actively support the passage of legislation jointly pursued. Roles and responsibilities of the City and all stakeholders will be clearly identified from the outset. Support The City will support an issue, but will not be the primary advocate. These issues may originate with associations the City or departments within the City belong to, but are strengthened through support of the City. The City may communicate its approval of the issue through letters of support to appropriate officials, witness cards in support at committee hearings or other means as deemed necessary. Opposition The City will oppose proposals detrimental to the City including attempts to erode municipal authority. The City will also oppose legislation that presents an unfunded mandate on local government. 11 General Administration Economic Development Law Enforcement Public Utilities and Infrastructure Parks and Recreation ISSUES 12 Election Law - Recent changes to state election law as a result of the Federal MOVE Act required the city to move its election date to November. It is anticipated that this session will feature quite a bit of backlash regarding the confusion that resulted from cities improperly changing their dates, voters not knowing when their elections were, etc. As a result the Legislature will likely respond by further limiting the number of uniform election dates to one. GENERAL ADMINISTRATION City Position: Monitor the modification of election laws including proposals related to SB 100, 82nd Regular Session and support or oppose them as necessary. Open Meetings & Open Records Law – The city is not opposed to open government but there is concern about how restrictive the Open Meetings Act and Public Information Act have become as they create an administrative and financial burden on cities. These burdens include the cost of maintaining and copying records, as well as unreasonable demands placed on public officials to avoid a conflict between the definition of a meeting and typical social activities. City Positions: Support only changes to the open meetings and records requirements that do not increase the burden on cities to comply. Annexation – The Legislature has consistently proposed substantive changes harmful to cities for the last decade. These modifications included restricting development authority in the ETJ and requiring a vote prior to annexation. It is anticipated that annexation authority modifications will continue to be proposed in the coming session. City Position: The City opposes legislation that would restrict current annexation law. Appraisal & Revenue Caps – Appraisal Reform has become a consistent theme in Austin over the past few sessions. There continues to be an organized effort to reduce the current revenue cap for municipalities. However, artificial appraisal caps limit local governments’ ability to use property tax structures for providing adequate service levels and will likely result in a declining tax base that cannot keep up with changing economic conditions. 13 City Position: The City opposes legislation that would impose revenue or appraisal caps thereby limiting the City’s ability to raise and collect revenue necessary to provide services to its citizens. Municipal Authority – The Legislature has constantly attempted to erode the authority granted to municipalities. Many legislative changes have been proposed over the last several sessions that would have adversely affected local governments as it pertains to sovereign immunity, statutes of limitation, and the freedom of city officials to communicate with state elected or appointed officials. Additionally, in previous years, legislation has been introduced that would restrict the authority of cities to utilize zoning to regulate land uses. These restrictions included eliminating the distinction between mobile homes and single-family residences, excluding churches from zoning and building codes, and forcing cities to pay land owners for damage claims made as a result of changes in zoning classifications. In addition, legislation giving counties zoning authority in unincorporated areas, including the ETJ has been proposed in past sessions. City Positions: The city opposes legislation that would diminish municipal authority including the ability to enact and enforce ordinances. The city opposes any legislation that would restrict the zoning authority of cities Unfunded Mandates – The Legislature has previously placed requirements upon cities that create a financial burden without providing the necessary financial support to carry them out. This allows a legislator to say they did not raise taxes when, in fact, they did by forcing the local government and local taxpayer to pay for the unfunded mandate while also blaming local governments for out of control spending. These legislative unfunded mandates place a great strain on local taxpayers and upon the city to maintain a reasonable tax rate and quality service levels City Position: The City opposes legislation that would result in an unfunded mandate on the City. 14 Vital Statistics and Records – It is anticipated that legislation may be introduced that would reduce the number and functions of Local Registrars in counties with a population of 100,000 or more (currently the threshold is 500,000). Brazos County currently maintains three Local Registrars (Brazos County, City of Bryan, College Station). City Position: Oppose any legislation that would consolidate local registrar functions and/or erode local control and maintenance of vital statistics and records. Newspaper Notices – Providing public notices in print media represents a significant cost for the city. Recently, several bills have been filed to change how municipalities provide certain notices in newspapers of record as there is growing evidence that shows hardcopy newspaper readership is declining significantly due the prevalence of online media and city websites. City Position: Support legislation that would allow municipalities to rely more on posting notices online rather than through print media. Texas Windstorm Insurance Amendment – Currently, the Texas Windstorm Insurance Association (TWIA) provides coverage in the 14 coastal counties along the Texas Coast. The TWIA regulates insurance companies authorized to do business throughout the state and maintains assessments on those companies to fund a pool intended to offset costs associated with major weather catastrophes. However, the pool has been historically underfunded for a variety of reasons. This has led to a proposed amendment to the Texas Insurance Code, which would create a new statewide catastrophic pool (to include hurricane, flooding, hail, tornado, and fire damage) that would be established to disburse the costs outside of the 14- county area now controlled by TWIA. Obviously, the City of College Station and other inland counties and communities would have very little exposure to the full force of a hurricane, has taken great steps through our planning and development to limit the threats from flood and other dangers, or already has adequate coverage for all other catastrophes available. It is believed that passage of such an amendment would incur additional “participation costs” that would likely be passed down to policy holders and/or possibly limit the number of insurers operating in the state. City Position: Oppose legislation creating a statewide disaster pool as currently proposed. 15 Payday Lending Regulation – Several Texas cities along with the United Way are leading the way to seek regulation on payday lending and auto title lending practices. The regulations would be intended to stop usurious lending by payday and auto title lenders and support cities’ authorities to adopt ordinances that would curtail credit access businesses’ exploitation of economically vulnerable citizens. City Position: Support legislation that would stop usurious lending by payday and auto title lenders and bolster cities’ authority to adopt ordinances that would curtail the exploitation of economically vulnerable citizens. • Economic Development – The city is on the verge of substantial economic development activity due to the creation of the BioCorridor and the Medical District. As these development opportunities continue to evolve, it will be important to ensure the vitality of the Texas Enterprise Fund and the Emerging Technology Fund. Moreover, it will likely be necessary for enabling legislation be filed on the city’s behalf for their codification and/or creation. ECONOMIC DEVELOPMENT Additionally, the existence of Texas A&M University and Blinn College serve as the backbone of our community and local economy. Any legislation that impacts higher education ultimately impacts the community as a whole. City Positions: Actively support any locally initiated legislation for economic development purposes and seek the support of community leaders. Support legislation that promotes economic development opportunities through the expansion of state economic development funds and statutes. Support legislation beneficial to Texas A&M University and Blinn College. Oppose attempts to restrict the use of economic development tools such as tax abatement and/or tax increment reinvestment zones. LAW ENFORCEMENT 16 • Law Enforcement - Each legislative session there is an innumerable amount of bills related to public safety that could have a direct impact on our first responders. This year, Police Jeff Capps has been selected to serve on the Texas Police Chiefs Association Legislative Committee. City Position: Monitor and likely support many of the initiatives proposed by the Texas Police Chiefs Association. • Water / Waste Water - As the state continues to grapple with the effects of one of the worst droughts in its history, it is anticipated that there will be numerous bills filed pertaining to the State Water Plan, water rights, conservation, quality, etc. It is imperative for the continued growth of the city that any legislation that impacts our ability to secure reliable and safe water resources be monitored closely. PUBLIC UTILITIES AND INFRASTRUCTURE City Positions: Monitor and support as necessary legislation that protects our ability to provide an adequate water supply to our citizens and safely treat and discharge effluent; promote water conservation; maintain local authority over water management Support legislation pertaining to the State Water Plan so long as it does not create any unnecessary burdens for local governments or water systems. • Electric Utility – As energy costs increase and reliability and resource adequacy becomes more important, the city will closely monitor the Texas Public Power Association’s (TPPA) legislative issues as they pertain to the city’s electric utility. These include: Support any legislation or regulation that encourages resources adequacy, reliability, market viability, and customer protection. Opposition of any loss of local control for Municipally Owned Electric Utilities (MOU’s). Opposition of any changes to current mandated discounts to universities by extending those discounts to other entities. 17 • Sanitation – A recent case in the City of Dallas in which a “flow control” ordinance requiring commercial trash haulers to dispose of waste in the city’s landfill was recently overturned in U.S. District Court. It is believed that this ruling could result in legislation being proposed that would limit and erode municipalities’ authority to enter into franchise agreements for the use of streets, Rights-of-Way, and easements. Franchises have long been held as an important tool for cities to protect public property, ROW, easements, etc. and ensure public safety. The city will also monitor the initiatives of TxSWANA (Lone Star Chapter of the Solid Waste Association of North America). City Position: Oppose legislation that would limit municipal authority to grant and maintain franchise agreements for the use of public roadways, ROW, easements, etc. • Transportation – As highlighted in the Council’s Strategic Plan, improving transportation is a critical issue for our growing community. While the city and Texas as a whole are rapidly growing, many factors impact the state’s ability to properly respond to fund transportation projects vital to our continued growth and vitality. These factors include, but are not limited to: federal funding recessions, construction inflation, use of gas tax revenues for non-transportation purposes by the legislature, etc. It is important for the state to create mechanisms to help meet the increasing transportation needs of our communities. In addition, the city will monitor the initiatives of TexITE (Texas District of the Institute of Transportation Engineers). City Positions: Support state-funded and local-option funding choices to be utilized for transportation purposes Support legislation that would discontinue the diversion of transportation revenues to non-transportation purposes and appropriate all revenues from highway user fees and taxes to fund transportation projects. Parks & Recreation 18 • Texas Parks and Wildlife Funding – The Texas Parks and Wildlife Department administers several programs that provide matching grants and other funding mechanisms to communities throughout the state. Unfortunately, over the past few years, those funds have been cut. While we are mindful that those cuts were necessary, we do support the preservation of current funding levels. City Position: Support the preservation of dedicated state funding for Parks. 19 December 18, 2012 Special Agenda Item No. 3 Utility Outage Reporting System To: David Neeley, City Manager From: Timothy Crabb, Interim Director of Electric Utilities Agenda Caption: Presentation, possible action, and discussion regarding options and enhancements for the Utility Dispatch outage reporting and tracking system. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the approval of the proposal to update the Interactive Voice Response (IVR) to a hosted system that keys off the customer’s account number and to upgrade the Outage Management System (OMS). Summary: In 2001 CSU began using an automated trouble shooting and outage reporting system. This system was put in place to accommodate the large number of calls coming into dispatch when there is an outage. The current system is no longer upgradeable in its current state and the system has issues working with the more advanced CISCO telephone system used by the City. CSU has investigated requirements needed in order to upgrade the system to one that is more technologically advanced to provide better customer service, better trouble shooting and outage information, and more accurate outage data. The results of this study have provided an option that CSU would like to pursue as a replacement and upgrade for the current IVR and OMS. Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund. Reviewed and Approved by Legal: No Attachments: N/A 20 December 18, 2012 Special Agenda Item No. 4 Pay Day Lending Regulation To: David Neeley, City Manager From: Bob Cowell, AICP, CNU-A, Executive Director of Planning & Development Services Agenda Caption: Presentation, possible action, and discussion of information about payday and auto title lending businesses, as well as efforts other cities are undertaking to bring about regulation of this industry. Relationship to Strategic Goals: Financially Sustainable City, Neighborhood Integrity, and Diverse Growing Economy Recommendation(s): Staff recommends Council provide direction to staff regarding presentation of a Resolution in support of regulating payday and auto title lending businesses on the January 10th Council Agenda. Summary: A Presentation will be given covering information about payday and auto title lending businesses, as well as efforts other cities are undertaking to bring about regulation of this industry. Texas cities, including Austin, Dallas and San Antonio, are seeking support from the Texas Municipal League (TML) to request the Texas Legislature and the Governor of Texas to provide for regulation of payday lending and auto title lending practices. Staff works with various Community Stakeholders through the United Way’s Financial Stability Committee which has drafted a Call to Action Concerning Payday and Auto Title Lending Activates. This call was created to urge both the College Station and Bryan City Council’s to adopt a Resolution to request that policy makers take action to regulate payday and auto title lending in the State. The City of Bryan recently passed a Resolution in support of this effort. If directed to proceed, a resolution requesting the Texas Legislature and the Governor of Texas to enact laws to regulate payday lending and auto title loan practices and requesting the Texas Municipal League to introduce and support such legislation and to express support of the cities of Austin, Dallas, and San Antonio toward their efforts to regulate payday lending and auto title loan practices will be presented at the January 10th meeting for approval. Budget & Financial Summary: N/A Attachments: 1. Sample Resolution 2. UWBV Financial Stability Committee Call to Action Concerning Payday and Auto Title Lending Activities 21 22 23 24 December 18, 2012 Special Agenda Item No. 5 To: David Neeley, City Manager From: Carla Robinson, City Attorney Agenda Caption: Presentation, possible action, and discussion regarding approval of an engagement letter between the City of College Station and Allen Boone Humphries Robinson, LLP in the amount of $105,000 to provide services to the City in connection with the creation of two municipal management districts related to the Medical District and authorizing the City Manager to execute the engagement letter on behalf of the City Council. Relationship to Strategic Goals: (Select all that apply) 1. Financially Sustainable City 2. Core Services and Infrastructure 3. Diverse Growing Economy Recommendation(s): Staff recommends approval of the engagement letter and authorization for the City Manager to execute the contract. Summary: Should the City Council decide to proceed with the creation of Municipal Management District No. 1 (MMD1) and Municipal Management District No. 2 (MMD2), several steps will be required to establish the Districts. These steps include drafting the legislation creating the districts; coordinating testimony at legislative hearings; working with legislators, their staff, the Texas Legislative Council, House and Senate Committees and the Governor to pass and sign the legislation; preparing and filing or publishing all required notices to the public, the County, the Governor, and the Texas Commission on Environmental Quality (TCEQ); and attending meetings of property owners and interested parties regarding the Districts’ creation. Allen Boone Humphries Robinson LLP, a law firm located in Houston, Texas, has a practice devoted solely to public law and finance and has extensive experience obtaining special legislation creating a number of municipal management districts state wide. The scope of engagement with the City includes the services outlined above. The flat fee for the provision of these services for the creation of MMD1 and MMD2 is a total of $105,000. The engagement letter also provides that the City may, if it desires, request additional services at its option for an hourly rate. Should the City Council decide not to proceed with the special legislation the City will be responsible for paying a pro rata portion of the fee for the work already performed. Budget & Financial Summary: It is anticipated that all or a portion of these costs may be reimbursed by the MMDs when development agreements are negotiated and executed. Until then, these expenses are proposed to be paid out of the Economic Development Fund. The budget appropriation for this expenditure will be included on the first budget amendment. Reviewed and Approved by Legal: Yes Attachments: Available at the meeting. 25 December 18, 2012 Special Agenda Item No. 6 Approval of an Amendment to the Interlocal Cooperation and Joint Development Agreement for the Joint Research Valley BioCorridor Development Project To: David Neeley, City Manager From: Frank Simpson, Deputy City Manager Agenda Caption: Presentation, possible action, and discussion regarding an amendment to the Interlocal Cooperation and Joint Development Agreement for the Joint Research Valley BioCorridor Development Project. Relationship to Strategic Goals: Diverse Growing Economy Recommendation: Staff recommends approval of the Amendment. Summary: This amendment to the BioCorridor ILA changes the definition of Target Company to remove the requirement of a prospect’s minimum taxable value as $15 million. Now Revenue Sharing will be triggered by any development within the BioCorridor. The Roadway Project section is amended to trigger construction of Phase 1B and Phase 2A upon the completion of design and acquisition or lease of property in the Project Site by a Target Company adding a minimum Taxable Value of $15 million. The Sewer Infrastructure sections are amended to trigger construction of the sewer infrastructure upon the award of the design contract for the Roadway Project and the acquisition or lease of property in the Project Site by a Target Company adding a minimum Taxable Value of $15 million. This item was approved by the Bryan City Council at their December 11, 2012 meeting. Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: First Amendment to Interlocal Cooperation and Joint Development Agreement 26 27 28 29 30 31 December 18, 2012 Special Agenda Item No. 8 Resolutions Creating City Council Standing Committees To: David Neeley, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action, and discussion regarding resolutions to create a City Council Economic Development Committee, Budget and Finance Committee, Compensation and Benefits Committee, and a Transportation and Mobility Committee. Relationship to Strategic Goals: I. – Financially Sustainable City IV. – Diverse Growing Economy V. – Improving Mobility Recommendation(s): Staff recommends approval of the resolutions. Summary: In an effort to assist staff in the implementation of Council policies and improve the efficiency of future City Council meetings, staff is recommending the creation of four new standing committees. These committees will each assist in the development of the formal staff recommendation to the full Council for items pertaining to their subject area as necessary. It is staff’s recommendation that each committee be composed of at least two but no more than three Council Members. Economic Development Committee The responsibilities of the Economic Development Committee include taking an active role in economic development by working with staff to promote a thriving and diverse business-friendly community through business attraction, expansion and retention efforts. The committee may help formulate and review economic development initiatives, prospects, policies, proposals and agreements. Budget and Finance Committee The Budget and Finance Committee will review key Finance and Budget policies and may make recommendations regarding those policies to the full City Council as necessary. These policies include all Fiscal and Budgetary Policies, the city’s Investment Policy and Purchasing Policies. In addition to these internal policies, the Committee may review policy matters that affect the city from the Government Accounting Standards Board (GASB), state and federal government, and others that may have an impact on the financial policies of the city. Compensation and Benefits Committee The Compensation and Benefits Committee is intended to help educate Council members on various compensation and benefits strategies, outcomes and challenges related to current policies and practices on pay and benefits for city employees. The Committee may review future pay and benefit plans that will continue the city’s ability to recruit and retain highly performing and engaged employees. The Committee will focus on benchmarking the city’s overall compensation and benefits strategies and plans; review of the city’s compensation philosophy and structure; review of the city’s benefits philosophy, plans and models; and review regular updates on related general data and measurement information. 32 Transportation and Mobility Committee The Mobility Committee will be relied upon to provide policy guidance on issues related to local transportation planning, major transportation projects and financing, and other mobility related items. The Committee may also assist in coordinating the Council’s policy development as it relates to its advisory boards, such as the Bicycle, Pedestrian, and Greenways Advisory Board, and other governmental boards and committees, such as the MPO and RPO that are dedicated to mobility issues. Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: 1) Economic Development Committee Resolution 2) Budget and Finance Committee Resolution 3) Compensation and Benefits Committee Resolution 4) Transportation and Mobility Committee Resolution 33 34 35 36 37 38 39 40 December 18, 2012 Special Agenda Item No. 9 Council Board Appointments To: David Neeley, City Manager From: Sherry Mashburn, City Secretary Agenda Caption: Presentation, possible action, and discussion regarding the appointment of Councilmembers to boards and commissions. Relationship to Strategic Goals: Not applicable Recommendation(s): None Summary: Below is a listing of Councilmembers currently serving on boards. Vacancies that need to be filled are indicated with a “___________”. • Arts Council of the Brazos Valley: Jess Fields • Audit Committee: Nancy Berry, Jess Fields, Karl Mooney • Blinn College Brazos Valley Advisory Committee: Nancy Berry • Brazos County Health Department: ______________, _______________ • Brazos Valley Council of Governments: Nancy Berry • Bryan/College Station Chamber of Commerce: Julie Schultz • BVSWMA: Nancy Berry • BVWACS: Jess Fields • CEOC Policy Advisory Board: Nancy Berry • Convention & Visitors Bureau: Karl Mooney, with Julie Schultz as alternate • Historic Preservation Committee/Landmark Commission: Julie Schultz • Interfaith Dialogue Association: Nancy Berry • Intergovernmental Council: Nancy Berry, Blanche Brick, ________________ • Metropolitan Planning Organization: Nancy Berry • Research Valley Partnership: Nancy Berry, Julie Schultz • RPO Transportation Committee for Council of Governments: Blanche Brick * Bicycle, Pedestrian, and Greenways Advisory Board: Blanche Brick • Twin City Endowment Board: ______________ Budget & Financial Summary: None Reviewed and Approved by Legal: Not applicable Attachments: • None 41