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HomeMy WebLinkAboutCity Council-Minutes-07/05/2011~ ~~,~ , ; ,~j ` ~ f:,~~~. ; !~~ ,,,<.,~" City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 5, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of health insurance bid analysis and recommendation PC-2 Presentation of IESI Contractual Rate Increase in Disposal Services and Options to Improve Residential Recycling PC-3 Discussion of the five year update to the Roadway, Water and Sewer Impact Fees PC-4 Update and discussion on Phase One Construction of the SH26 (Colleyville Boulevard) Project PC-5 Discussion of the July 5, 2011, City Council meeting regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, lease, exchange or value of real property - Mineral Rights City of Colleyville Page 1 Printed on 7H/2011 City Council Agenda July 5, 2011 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Shawn Maurer, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. 3 EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3375 ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of National Parks and Recreation Month - Monica Walsh, Parks and Recreation Director 4. 4a 5. 5a 6. 6a CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3376 Approval of a donation from the Colleyville Garden Club to replace the flower bed border at the Colleyville Senior Center ORDINANCE(S) SECOND READING AND PUBLIC HEARING 0-11-1798 Approval of the Fiscal Year 2012 (FY 2012) Colleyville Crime Control and Prevention District (CCCPD) budget RESOLUTION(S): READING AND PUBLIC HEARING R-11-3377 Approval of a resolution to amend a mineral gas lease agreement with Titan Operating, LLC. Cify of Colleyville Page 2 Printed on 7/1/2011 City Councii Agenda July 5, 2011 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 5, 2011 - Reading and Public Hearing - Resolution R-11-3378 9. ADJOURNMENT: I here'~y certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 1, 20' 1, by 5:00 p. m. c ~~ Cynthia Singleton, TRMC, CMC b c"'` ~- ~ City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 3 Printed on 7/1/2011 .,-~z= ,`, ~~, ~t~ ° ._..~-- ,~..:,4 City of Colleyville Minutes Clt~/ COUf1Cll City Hall 100 Main Street Colleyviile, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 5, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 5, 2011, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor and Mayor Pro Tem Tom Hart were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Lieutenant Rodney Cunningham, Community Development Director Ron Ruthven, Utility Superintendent Ken Tywater, City Engineer Jeremy Hutt, Library Director Mary Rodne, Adult Services Librarian Erica Gill, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Economic Development Director Marty Wieder, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Strategic Services Manager Eric Ellwanger, Information Systems Technician Steve Thompson, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of health insurance bid analysis and recommendation Assistant City Manager and Chief Financial Officer Terry Leake introduced Benefit Committee members Erica Gill, Adult Services Librarian and Ken Tywater, Utility Superintendent and expressed appreciation to the Benefit Committee for analyzing the insurance bids and recommending a carrier to provide for healthcare of City employees. Assistant City Manager and Chief Financial Officer Leake stated Aetna, the current health and dental insurance provider, submitted a health and dental insurance renewal offer, which reflected an 11.8% and 19% increase, respectively. Ms. Leake stated the City and Cooper Corporate Solutions (Cooper) bid the health and dental insurance, the basic life and accidental death and dismemberment (AD&D) insurance, long term disability insurance (LTD) and an optional employee paid vision plan in an effort to obtain more competitive offers. Ms. Leake presented proposals from Aetna, Blue Cross and Blue Shield, Cigna, TML Intergovernmental Employee Benefits Pool and United Healthcare and answered questions of the City Council. City of Colleyville Page 1 Printed on 7/29/2011 City Council Minutes July 5, 2011 Ms. Leake stated in FY 2011, the City's health benefits strategy linked insurance premium subsidies to the wellness program and employee and spouse health scores as assessed by Cooper. Discussion ensued regarding the employee participation level in the wellness program, the decrease in claims, motivating factors for participation in the wellness program, bid process and results and previous year claims and premium cost. Councilmember Taylor requested a complete composite chart illustrating the features and cost of each insurance carrier. Councilmember Muhm requested the percentage of employees participating in the three tiers of subsidy levels for healthcare premium cost. Mr. Lewis Cochius, Cooper Corporate Solutions representative, spoke regarding the effects of the new healthcare reform, the structure of HRA's and stated Cooper will be introducing additional wellness programs. Assistant City Manager Terry Leake stated staff recommends maintaining health, dental, long term disability, life and AD&D insurance with Aetna due to a 3% rate decrease on health insurance and the employee dental rate increase will be funded from the savings of the premium decrease in medical, LTD, basic life and AD&D. Ms. Leake further stated an item will be placed on the July 19, 2011 Consent agenda for City Council consideration. PC-2 Presentation of IESI Contractual Rate Increase in Disposal Services and Options to Improve Residential Recycling Strategic Services Manager Eric Ellwanger introduced Paul Hansen, Division Manager and Norm Bulaich, Municipal Manager, IESI TX Corporation (IESI). Strategic Services Manager Eric Ellwanger presented the IESI request for a 4.23% rate increase and stated the requested rate increase consists of a Consumer Price Index (CPI) increase, an average fuel price component increase and a supplemental disposal increase, which equates to $0.47 per home per month. Mr. Ellwanger further stated the contract between the City of Colleyville and IESI states that the "Contractor must receive approval from the City for such billing rate adjustment, which approval shall not be unreasonably withheld" and the last rate increase requested by IESI and approved by the City was effective September 1, 2009 and answered questions of the City Council. City of Colleyville Page 2 Printed on 7/29/2011 City Council Minutes July 5, 2011 Mr. Ellwanger stated IESI currently provides a residential recycling program consisting of 18 gallon bins picked up once a week and staff has received multiple inquiries from residents as to the availability of larger recycling receptacles, and coupled with the Strategic Point to "Brand Colleyville with a Unique Identity" including a goal of assuming "the mantle of environmental leadership in Tarrant County" led staff to exploring options to enhance the City's residential recycling program. Mr. Ellwanger further reported that increasing the amount of recycling and thus reducing landfill material, benefits Colleyville residents both economically and environmentally, since a portion of IESI's annual rate change request is tied to landfill disposal costs and those costs are directly related to the amount of material disposed, an increase in recycling will help reduce future rate increases. Discussion ensued regarding landfill ownership and control, the high level of citizen's participation rate in recycling. Strategic Services Manager Ellwanger presented options for increasing recycling, which will help reduce future costs: Option A maintains the residential recycling program as currently established and increases participation through a marketing campaign; Option B implements a Citywide transition to 65 gallon rolling carts, which increases the residential bills by $1.15 a month; Option C provides for a voluntary option for residents to transition to 65 gallon rolling carts, which increases the residential bill by $1.75 per month Discussion continued regarding the benefits of utilizing a 65 gallon cart, the residential bill increase for recycling with a cart, the possibility of tying recycling to a rebate, the factors that increase the rate of a voluntary program versus a Citywide program, the inefficiencies of the 18 gallon bin, the timing for implementation of a 65 gallon cart program, marketing campaign, the recycling practices of surrounding cities and the timing of implementing the rate increase and Citywide recycling program. Councilmember Muhm requested staff provide information regarding the City of Bedford Public Forum regarding a recycling program utilizing 65 or 95 gallon carts. City Council determined an item should be placed on a future agenda for consideration of the proposed rate increase, the Citywide recycling program and the renegotiation of the five-year contract with IESI. PC-3 Discussion of the five year update to the Roadway, Water and Sewer Impact Fees The Pre Council meeting was reconvened after the regular City Council City of Colleyville Page 3 Printed on 7/29/2011 City Council Minutes July 5, 2011 meeting to discuss PC-3. PC-4 Update and discussion on Phase One Construction of the SH26 (Colleyville Boulevard) Project The Pre Council meeting was reconvened after the regular City Council meeting to discuss PC-4. PC-5 Discussion of the July 5, 2011, City Council meeting regular agenda items There was no discussion of the City Council regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 7:01 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 5, 2011, at 7:01 p.m. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, lease, exchange or value of real property - Mineral Rights Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter City of Colleyville Page 4 Printed on 7/29/2011 City Council Minutes July 5, 2011 D, Section 551.071, Legal, Section 551.072, Real Estate and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:02 p.m. and reconvened at 7:34 p.m. INVOCATION: Pastor Shawn Maurer, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3375 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin reported the first Red, White and Sousa event was held Friday, July 1, 2011, with approximately 2,000 attendees. Ms. Wollin further stated many attendees were from outside Colleyville, the musical entertainment was tremendous and commended staff for organizing the family event. Mayor Kelly presented a Proclamation in recognition of National Parks and Recreation month to Parks and Recreation Director Monica Walsh. Parks and Recreation Director Monica Walsh and staff members encouraged citizens to participate in outdoor activities and sports at the City parks. Ms. Walsh expressed appreciation to the City Council and citizens for support of the park facilities and activities and invited everyone to attend the Hop A' Park event on Saturday, July 9, 2011, beginning at 9:00 a.m. at Sparger Park, then Kimzey Park, McPherson Park, and concluding at City Park with a hot dog luncheon and the City's own Celebrity Chef, Mayor David Kelly. Parks and Recreation staff distributed gift bags to City Council. Mayor Kelly invited everyone to visit and enjoy the award winning parks in the City. City of Colleyville Page 5 Printed on 7/29/2011 City Council Minutes July 5, 2011 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3376 4a Approvai of a donation from the Colleyville Garden Club to replace the flower bed border at the Colleyville Senior Center Mayor Kelly read Resolution R-11-3376 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly Glosed the public hearing. Councilmember Wollin moved to approve Resolution R-11-3376. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor Councilmember Wollin provided information regarding the Colleyville Garden Club's construction of a new natural stone border around the flower bed at the Colleyville Senior Center. Mayor Kelly expressed appreciation to the Colleyville Garden Club for the installation of the flower bed border and beautification projects throughout the City. 5. ORDINANCE(S) SECOND READING AND PUBLIC HEARING 5a 0-11-1798 Approval of the Fiscal Year 2012 (FY 2012) Colleyville Crime Control and Prevention District (CCCPD) budget Mayor Kelly read the caption of Ordinance 0-11-1798. Assistant City Manager and Chief Financial Officer Terry Leake outlined the proposed Colleyville Crime Control and Prevention District budget and stated citizens will benefit from the crime control prevention bar coding equipment, the License Plate Reader, which aids in the recovery of stolen vehicles, and the Women's Self Defense Program, which was suggested by Councilmember Wollin. Mayor Kelly opened the public hearing. City of Colleyville Page 6 Printed on 7/29/2011 City Council Minutes July 5, 2011 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Assistant City Manager and Chief Financial Officer Terry Leake stated the debt refunding amount varies from year-to-year. Mayor Kelly moved to approve Ordinance 0-11-1798. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3377 Approval of a resolution to amend a mineral gas lease agreement with Titan Operating, LLC. Mayor Kelly read Resolution R-11-3377 in its entirety. Councilmember Wollin recused herself from consideration of this item due to a conflict of interest. City Manager Jennifer Fadden stated this item is for City Council consideration to amend the City's mineral gas lease with Titan Operating, LLC (Titan). Titan has notified the City that approximately 27.8682 acres were inadvertently excluded from the lease documents that were executed in November 2008 and is requesting that those lease documents be amended to include three additional tracts described as 44, 45 and 46. Titan identifed an additional tract of land not originally included in the City's proposal documents, described as tract 47, and requested to amend the legal description to include tract 47, which is approximately 1.344 acres at the rate of $4,000 per acre and 25.5% royalty. Ms. Fadden further stated, this amendment will bring the total acreage to approximately 287.3926 acres of City owned property leased. This amendment will require Titan to pay the City approximately $702,081, which staff recommends be deposited into the Colleyville Tomorrow Fund for use at a future date as determined by the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 7 Printed on 7/29/2011 City Council Minutes July 5, 2011 Councilmember Hall moved to approve Resolution R-11-3377. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 5, 2011 - Reading and Public Hearing - Resolution R-11-3378 This resolution was not needed. 9. ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjourn and Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor Mayor Kelly adjourned the City Council meeting at 7:53 p.m. and stated the Pre Council meeting will reconvene in the Executive Conference Room. Mayor Kelly reconvened the Pre Council meeting at 7:53 p.m. to receive information from staff regarding PC-3, Discussion of the five year update to the Roadway, Water and Sewer Impact Fees and PC-4, Update and discussion on Phase One Construction of the SH26 (Colleyville Boulevard) Project PC-3 - Discussion of the five year update to the Roadway, Water and Sewer Impact Fees Community Development Director Ron Ruthven provided information regarding the State of Texas mandated five year update of the Impact Fee Capital Improvement Plans (CIP) and stated the purpose of the update is to provide a review of the criteria used to calculate impact fees City of Colleyville Page 8 Printed on 7/29/2011 City Council Minutes July 5, 2011 to ensure the impact fee charges accurately reflect the estimated costs for making the capital improvements outlined in the Impact Fee CIP. Mr. Ruthven further stated Kimley-Horn and Associates, Inc. prepared the water, sewer and roadway impact fee analysis in 2000 and the update in 2006 and staff recommends Kimley-Horn and Associates, Inc. be retained to perform the work associated with the updates. Discussion ensued regarding the average amount of fees collected and the potential increase in fees. City Attorney Matthew Boyle stated it is legally prohibited to bid out contracts for Professional Services. Mr. Jeff Whitacre, Project Manager, Kimley-Horn and Associates, Inc., provided an overview of the scope of services provided by Kimley-Horn and Associates, Inc. related to the Roadway, Water and Sewer Impact Fee Update. Councilmember Muhm requested staff provide the 20061mpact Fee update and the impact fees assessed by surrounding cities. Councilmember Short requested staff provide the status of the impact fee account. Discussion ensued regarding the impact fee collection schedule and the impact fees of surrounding cities. City Engineer Jeremy Hutt provided information regarding the impact fee structure and timeframe. City Manager Jennifer Fadden stated an item will be placed on the July 19, 2011, City Council agenda for consideration of the Kimley-Horn and Associates, Inc., contract for the impact fee update. PC-4 - Update and discussion on Phase One Construction of the SH26 (Colleyville Boulevard) Project City Engineer Jeremy Hutt provided an update of the Phase One Construction of the SH26 (Colleyville Boulevard) Project including the intersection signal poles, LED street name signs, irrigation of the medians, streetscape improvements, trail construction along the Cottonbelt Trail, bridge enhancements and project cost summary. Discussion ensued regarding name signs, cross walks, Cottonbelt Trail construction, bridge construction and design enhancements and bridge safety features, funding sources for traffic signal poles and illuminated City of Colleyville Page 9 Printed on 7/29/2011 City Council Minutes July 5, 2011 street name signage and timeline and funding for the completion of the Cottonbelt Trail. It was determined that staff would have discussions with Texas Department of Transportation (TxDOT) regarding the installation of a pedestrian rail on the SH26 bridge for safety concerns. Mayor Kelly adjourned the Pre Council meeting at 8:50 p.m. APPROVED BY A VOTE OF _~_ AYES, ~ NAYS AND _~ ABSTENTIONS ON THIS THE 1!9~ DAY OF 2011. Minutes t and pre ared by: . ~ C thia S leton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 7/29/2011