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CITY OF COLLEGE STATION
NOVEMBER 10, 2010
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy -Marie Lyles
Jana McMillan
Dave Ruesink
City Staff..
Glenn Brown, City Manager
David Neeley, Assistant City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, Interim City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Nancy Berry at 2:00 p.m. on Wednesday, November 10, 2010 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 2e was pulled from the Consent Agenda.
Item 2e: David Schmitz, Assistant Director of Parks and Recreation, explained that playground
equipment was being installed in Zone 7 use it was the only facility into which
improvements can be placed. It is also the only park in the area that does not have a play unit.
The play unit has a 15 -20 year life span. The money comes from the parkland funds for Zone 7.
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2. Presentation ossible a and discussion o ' resolution tg canvass the
results of the Special Election held on November 2, 2010.
MOTION. Upon a motion made by Councilmember Maloney and a second by Councilmember
Lyles, the City Council voted six (6) for and none (0) opposed, to adopt the resolution
canvassing the Special Election. The motion carried unanimously.
3. Oath of OWke administered to newly ceded C(mncilmember. p -esentatien of
Certificate of Election.
Judge Spillane administered the oath of office to Jana. McMillan, newly elected Councilmember,
Place 5.
4. Presentation, possible action, and discussion concerning approval to solicit construction
bids for the Wolf Pen Creek Water Feature and Festival Area Proi€ck and the role . of the
Wolf Pen Creek Oversight Committee after the construction of these improvements are
complete.
James Massey, chair of the Wolf Pen Creek Oversight Committee, reported on the Wolf Pen
Creek Park expansion. He presented the 1998 master plan for historical perspective, and stated
the committee is trying to stay true to citizen input.
Chuck Gilman, Director of Capital Projects, reminded the Council about the TIF that was used
for redevelopment and community infrastructure. The TW is bounded by Harvey Road, State
Highway 6, Colgate and Texas. Participants with College Station in the TIF included Brazos
County and CSISD. The TIF was modified and some area was removed. He reported the 1989
adjusted base value was $18.5 mil3-ion The 2010 property value in the corridor is $129 minion,
resulting in $579,000 in property taxes. The project goals include: 1) finalize the concept of the
water feature; 2) identify facilities and amenities to be included in the festival area; 3) ensure
that the festival area and Seater feature fit cohesively into the existing attractions and facilities, 4)
provide pedestrian connectivity; and 5) ensure that the parking and vehicular circulation is
complementary to the events.
James Massey presented site plan illustrating the plaza with an interactive water feature, a shade
arbor and seating. He reiterated that the quality of life has improved and the drainage has
maintained.
Chuck Gilman stated the project budget was $3.5 million, including a construction estimate of
$2.9 million. They have pared this down somewhat to a base budget of $2.78 million. Operating
and maintenance expenses are estimated at $170,000 per year, with $105,000 for the general
operations of the festival area and $64,500 for the water feature. Scheduled interactive use for
the water feature is expected to be March — October. The show mode schedule is two weekends
per month and TAMU football game weekends. The project schedule has the bid advertisement
in December, awarding the contract in January 2011; beginning construction in March, and
completing construction in October 2011.
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MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Maloney, the City Council voted five (5) for and two (2) opposed, with
Councilmembers Fields and McMillan voting against, to proceed with soliciting construction
bids. The motion carried.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, to continue the committee,
meeting quarterly and recruiting new members as needed. The motion carried unanimously.
& Presentation, Rassible anion, and discusshm regarding basic public purehasiin#; ohcwss,
p rocedures and statutes.
Cheryl Turney, Assistant Finance Director, explained the purchasing policy which is an intricate
web of state law, local law and internal procedures. Statutory requirements are found in Local
Government Code (LGC) Chapter 252 Contracting for Cities, LGC Chapter 271 Alternative
Procurement Methods, Government Code (GC) Chapter 791 Interlocal Cooperation Act, GC
Chapter 2251 Prompt Payment Act, GC Chapter 2253 Bonding Requirement, and GC Chapter
2254 Professional Services Procurement Act. An invitation to bid is a formal written document
that requests from bidders a firm price and delivery in response to the City's specifications, terms
and conditions. A Request for Proposal (RFP) is a formal written document requesting firms to
make an offer for services to the City. A Request for Qualification (RFQ) is a formal written
document used when soliciting providers of architectural, engineering or land surveying services.
A quote is an informal written or verbal solicitation, and a change order occurs when changes in
specifications are necessary after the performance of work has begun.
The City has several interlocal agreements for cooperative purchasing with TAMU, Bryan,
Brazos County, Buy Board, HGAC, etc.. A RFP is used for high tech procurement, personal
services, consulting services, etc. A RFQ is used primarily for architect and engineering
services.
The bid process includes the bid package, advertisement, posting, a pre -bid conference, and any
possible addendums. The approval process includes the receipt of bids, preparation of contract
documents, City Manager approval for contracts of a certain amount, and Council approval for
contract over a certain amount. Change orders for administrative changes (changes less than
$3,000) can be approved by the City Manage. Changes over $3,000 and less than $25,000
require additional administrative approval. Council approval is required for changes greater than
$25,000 or changes of 5% for professional services.
Ms. Turney stated she was seeking direction from the Council to: 1) authorize the City Manager
to execute the contract for contracts greater than $50,000 that have been approved by the Council
when it is a standard form of agreement; 2) allowing the City Manager to authorize changes in
professional services that do not cause the contract to exceed $50,000; 3) change the payment
bond threshold to $50,000; .and 4) authorize the City Manager to deterrmne alternative
procurement methods.
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MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, to authorize the City Manager
to execute the contract (when it is a standard form of agreement) for contracts greater than
$50,000 that have been approved by the Council. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Berry,
the City Council voted seven (7) for and none (0) opposed, allowing the City Manager to
authorize changes in professional services that do not cause the contract to exceed $50,000. The
motion carried unanimously.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Ruesink, the City Council voted seven (7) for and none (0) opposed, to change the payment bond
threshold to $50,000. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Ruesink and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, authorizing the City Manager
to determine alternative procurement methods. The motion carried unanimously.
6. EEURatatiou e Action and discussion r ardin the eral roles of the Research
Vallev Partnership . and the City in economic develo meat activities.
This item was postponed to another meeting.
7. Council Calendar
• November 11 Lecture: The Korean War and 60 Year ROK(USA Alliance at George
Bush Library - Auditorium., 1000 Gea_ a Bush Drive at 12:00 pm.
• November 11 Dedication of the Korean War Memorial on the Lnn Stuart
Pathw@L Veterans Par 4:00 mm
• November 11 Reading of the Names at the Veterans Memorial. Adams Flaz
Veterans Par 6:00 p.m.
• November 11 Veterans Memorial Da Ceremony at the American Pavilion
Veterans Park. 7 :00 p m.
• November 13 Brazos Valley Worldiest at the Wolf Pen Creek Amphitheater at
10.00 a.m.
• November 16 Economic Outlook Luncheon at Miramont 9mg Club -B an
11:30 a.m.
• November 16 Council Traus ortation Committee Meeting in Council Chambers at
4:30 um.
• November 17 BV5WMA Inc. Board Meetin at COB Municipal Building - Room
305..13.00 a.m.
• November 17 2010 &212Eing Histo Lunch Lecture Series at CSorference
Center. 11:30 am.
• November 18 Business After Hours - Honda - City of Bryan at 530 p .m.
• November 18 planning & Zoning MeetL_ in Council Chambers at 6:00 p.m.
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• November 22 Council Workshop/Regrular Meeting in Council Chambers at 3:00 and
7:00 p.m.
• November 23 BICS Chamber - Annual Ag Breakfast at Brazos County Expo Center,
7:00 a.m.
+ November 25 City Offices Closed -- HOLIDAY
• November 26 CjjX Offices Closed - HOLIDAY
There was no discussion on the Council calendar.
S. 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 s ecific
factual information or the recitation of existing Policy an he g Am deliberation shall
be limited to a oroposal to place the subject on an a enda for a subsequent meetin .
Mayor Berry proposed an item to set a date for a mid -year retreat to review the strategic plan.
Councilmember Lyles requested an item about a student representative from the Student Senate.
Councilmermber Fields requested an item on road maintenance since the transportation user fee
failed.
Mayor Berry requested a future agenda item on a sunset provision for committees.
9. Discussion review and possible action reaarding the foHowina meetin : Arts Council of
the Brazos Valle 1 Audit Committee Bic de Pedestrian and Greenwa s AdvisoEy Board
Brazos Conn Health Brazes V Council of Governxmen Brazos Valle Wide
Area Communications Task Force, BVSWMA, BVWACS. Cemetery Committee, Code
Review Committee, Design Review Board, Historic Preservation ComMiffM Interfaith
D' a Associatio Into ULq menbd Co�nmitt Joint. Relief F Review
Committee Landmark Commission Libra Boa Ma or's Council on Ph sisal Fitness
Ma oes Development Forum Metropolitan Planning Organization National Lea a of
! Q AM QutsMe Agenc F� ' Review Parr and R�xeat ion Boar Plannin and
ZORIHIK Commission Research Valley Partnership. Regional Transportation Committee for
Council of Governmen S' tune Event Task For Sister Ci Association TAMU
Student Sena Texas M Lea Trans n Co WW Pen Creek
Oversight Committee Zoning Board of Adjustments.
There were no meeting reports.
10. Executive Session
In accordance with the Texas Government Code §551.071 - Consultation with Attorney,
§551.072 - Deliberation Regarding Real Property, and §551.074 Personnel, the College Station
City Council convened into Executive Session at 5:00 p.m. on Wednesday, November 10, 2010
in order to continue discussing matters pertaining to:
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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
• City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley
Solid Waste Management Agency contract, on proposed methane gas contract
• Water CCN 12002 Annexation / Wellborn Water Supply Corporation
• Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
Mcilhaney, and Ben White
• Chavers et al v. Tyrone Morrow, Michael fter, City of Bryan, City of College Station, et
al
• Clancey v. College Station, Glenn Brown, and Kathy Merrill
B. Consultation with Attorney to seek legal advice; to wit:
• Discussion of Legal Issues Regarding: Wellborn Incorporation. Request
• Contemplated Litigation, Legal remedies available to abate weeds, rubbish, brush and
other unsanitary matter from a lot in the College Hills residential area.
• Legal issues of purchase and lease back to Arts Council
C. Deliberation Regarding Real Property: to wit:
• Shake's lease at Chimney Hill property
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Manager
The Executive Session adjourned at 7:05 p.m. on Wednesday, November 10, 2010.
No action was required from Executive Session.
11. Adjournment
MOTION: There being no objection, Mayor Berry adjourned the workshop of the College
Station City Council at 7:05 p.m. on Wednesday, November 10, 2010.
Nancy Berry, Mayor
ATTEST:
Sherry MaAburri, City Secretary
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