HomeMy WebLinkAbout11/21/2011 - Workshop Minutes City Council
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
NOVEMBER 21, 2011
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields, arrived after roll call
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
David Neeley, City Manager
Kathy Merrill, Deputy City Manager
Frank Simpson, Deputy City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Shelley Major, Records Management Coordinator
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 Nancy Berry at 3:00 p.m. on Monday, November 21, 2011 in the Council Chambers of
the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Presentation, possible action, and discussion on items listed on the consent agenda.
Item 2c was pulled for clarification.
2c: Chuck Gilman, Director of Capital Projects, explained the grant funds would be used to
purchase a smart phone application My-Waste and for Brazos Valley Earth Day advertising.
2. Presentation, possible action, and discussion regarding the Wolf Pen Creek Water
Festival Area Proiect.
WKSHP112111 Minutes Page 1
Jeff Kersten, Director of Finance, reported that previous Council direction was to move forward
with the Festival Ground and Water Feature Project, and the project was designed, but not
constructed. At the November 10 regular meeting, the Council rejected proposals for the Water
Feature and Festival Ground Project. The TIRZ expired December 31, 2009 and any TIRZ
funds not contractually obligated must be returned to the participating entities. Remaining TIRZ
funds amount to $2,454,119. The breakdown for the entities is:
• City of College Station $ 609,204
• CSISD $1,241,133
• Brazos County $ 603,782
Staff recommends refunding the TIRZ funds to the school district and Brazos County, with
remaining funds available for use on other Wolf Pen Creek projects. Staff also recommends
using a portion of these funds for a festival ground-only project in Wolf Pen Creek. They are
also considering actions to encourage further development in Wolf Pen Creek District, such as
re-branding, development guidelines, capital improvements, revised water feature projects, and
future programming.
Chuck Gilman, Director of Capital Projects, provided information on an alternative project for a
festival area. The scope on the project would include additional parking, landscaping, a ten-foot
wide walking path, path lighting, drainage improvements, and power/water pedestals along the
path. The estimated cost for these improvements is $1 million, with an estimated additional
O&M cost of $17,000.
Dr. E. Colson, CSISD Superintendent, expressed some concerns that it may not be as simple as
accepting the money and applying it to the school district due to state funding formulas.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Ruesink, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields
voting against, to approve staff's recommendation for the Wolf Pen Creek Festival Area Project.
The motion carried.
3. Presentation, and discussion regarding local preference policy in bid/contract awards in
accordance with Local Government Code 271.905 and 271.9051.
Cheryl Turney, Assistant Finance Director, reminded the Council of the Statutory Provisions
governing the award of bids. Our City Charter says that the City shall encourage free and
unrestricted competition on all purchases, ensuring the taxpayers the best possible return on their
tax dollars. She also noted that Local Government Code Chapter 252 is the Purchasing and
Contracting Authority for Cities. It says that we must award our contracts to the lowest
responsible bidder or to the bidder who provides the best value. The statutes offer a list of best
value criteria including: purchase price, bidders reputation; quality of bidders goods or services;
bidders past relationship with the City; the total long term cost to the City to purchase the bidders
goods or services; and any other relevant criteria specifically stated in the bid/proposal. In 1999,
the legislature allowed us to take into consideration the location of the bidder's principal place of
business. If the City receives one or more competitive sealed bids from a bidder whose principal
place of business is in the municipality we can award it to the local bidder, as long as it is the
WKSHP112111 Minutes Page 2
within a certain percentage of the lowest bid price received from a bidder who is not a resident of
the municipality. Ms. Turney then provided a brief history of legislation:
• 1999 - LGC 271.905 (allowing a 3% local preference.... on commodity type purchases)
• 2005 - LGC 271.9051 (increased the percentage to 5% for Cities and added services)
• 2009 - LGC 271.9051 (amended to restrict local preference on construction contracts less
than $100,000)
• 2011 - LGC 271.9051 (amended to restrict local preference on other purchases less than
$500,000)
These statutes have some limitations and minimum requirements that apply:
• It cannot be used for telecommunications and information services
• It cannot be used for professional services - because they are governed under a different
statute - the Professional Services Procurement Act - that requires us to select the most
highly qualified provider of professional services.
• It only applies to Cities with a population of 250,000 or less
• Applies to real property, personal property and services
• The principal place of business must be in the corporate City limits of College
Station we cannot stretch that out to Bryan businesses or business that might be within
the county.
One of the most important pieces of the law requires the governing body to determine that the
local bidder offers the City the best combination of contract price and additional economic
development opportunities.
There are some advantages and disadvantages of giving a preference in bid awards. Advantages
include: assist the local economy; create incentives for new business development; and may
reduce local unemployment. Most importantly, it provides good public relations. Disadvantages
include: increased purchase prices; discourages competitive bidding (especially from non-
locals); and benefits a few at the expense of all taxpayers. A major disadvantage is there would
be increased vendor protests.
Staff recommendations are to require (prior to award) the local vendor to complete an application
for local preference; present all local preference opportunities to Council for consideration; and
the Council would determine if the award would provide the best combination of contract price
and economic benefit to the municipality on a case-by-case basis.
4. Presentation, possible action, and discussion on the general timeline regarding employee
benefits and required approvals by Council for the Calendar Year 2012.
Alison Pond, Director of Human Resources, reported on the benefits process, timeline, and
approvals. This item is on today's agenda, and staff is requesting approval for the renewal and
expenditures for administrative services. This approval is necessary for January 1 coverage.
This is the last plan year for the contract with Blue Cross Blue Shield. At the December 8
workshop, there will be an item outlining the Employee Benefits Program. An item on the
December 8 Consent Agenda will be for the proposed expenditures for all Benefits and the Stop
Loss Contract.
WKSHP112111 Minutes Page 3
5. Presentation, possible action, and discussion of a policy for Council attendance at
boards and committees.
Sherry Mashburn, City Secretary, reported that the proposed language was taken directly from
Ordinance 2406, establishing an attendance policy for appointees serving on boards and
committees.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to accept staff's language,
adding the phrase, "as defined in Ordinance 2406". The motion carried unanimously.
6. Council Calendar
• November 24 City Offices Closed - HOLIDAY
• November 25 City Offices Closed - HOLIDAY
• December 1 THSRTC Winter Quarterly Meeting at BVCOG - 3991 E. 29th Street,
11:00 a.m.
• December 1 THSRTC Winter Quarterly Meeting-Special Tour at BVCOG, 3991 E.
29th Street, 2:00 p.m.
• December 1 THSRTC Winter Quarterly Meeting - Reception at La Salle Hotel,
5.30 p.m.
• December 1 Planning & Zoning Commission Meeting in Council Chambers at 6:00
P.M.
• December 2 Invitation to the Mayor's Holiday Reception at WPC Green Room -
1015 Colgate, 5:15 p.m.
• December 2 Christmas at the Creek Celebration at WPC Green Room - 1015
Colgate, 6:00 p.m.
• December 4 Council Invitation to ride Christmas Parade floats at City Hall, 12:00
P.M.
• December 8 City Council Workshop/Regular Meeting at 3:00 p.m. & 7:00 p.m.
Council reviewed the Council calendar.
7. Presentation, possible action, and discussion on future 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.
There were no future items.
8. Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of the Brazos Valley, Audit Committee, Bicycle, Pedestrian, and
Greenways Advisory Board, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, BVSWMA,
BVWACS, Cemetery Committee, Code Review Committee, Convention & Visitors Bureau,
Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association,
Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark
WKSHP112111 Minutes Page 4
Commission, Library Board, Metropolitan Planning Organization, National League of
Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and
Zoning Commission, Research Valley Partnership, Regional Transportation Committee for
Council of Governments, Signature Event Task Force, Sister City Association, TAMU
Student Senate, Texas Municipal League, Transportation Committee, Zoning Board of
Adiustments.
Councilmember Ruesink reported on the visit from Salamanca delegation, our Sister City.
Councilmember Lyles reported that the next Board of Health meeting will be next Wednesday at
5:30.
9. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Deliberation Regarding Real Property, and §551.087-Economic Incentive
Negotiations, the College Station City Council convened into Executive Session at 4:20 p.m. on
Monday, November 21, 2011 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
• City of Bryan's application with TCEQ for water & sewer permits in Westside/Highway
60 area, near Brushy Water Supply Corporation to decertify City of College Station and
certify City of Bryan
• Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-
CV361
• Chavers et al v. Tyrone Morrow et al, No. 10-20792; Chavers v., Randall Hall et al, Case
No. 10 CV-3922
• College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023
• Woodruff v. College Station, Cause No. 10-000515-CV-272
• Ongoing criminal investigation of municipal court missing funds
B. Consultation with Attorney to seek legal advice; to wit:
• Legal issues regarding possible revenue sharing and legislation in bio-corridor
• Legal Issues regarding statutory requirements related to the Brazos Valley Groundwater
Conservation District and their impact to the City.
C. Deliberation Regarding Real Property; to wit:
• Property located generally southwest of the intersection of Dartmouth Street and
Holleman Drive in College Station.
D. Deliberation Regarding Economic Incentive Negotiations; to wit:
• Administrative services in College Station Business Park.
The Executive Session adjourned at 6:25 p.m. on Monday, November 21, 2011.
No action was required from Executive Session.
WKSHP112111 Minutes Page 5
12. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 6:25 p.m. on Monday, November 21, 2011.
Nancy Berry, Mayor
ATTEST:
4
Sherry Ma urn, City Secretary
WKSHP112111 Minutes Page 6