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