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HomeMy WebLinkAboutCity Council-Minutes-9/28/2011,,~> ,,, City of Colleyville 100 Main Street ~?~ - Coileyville, Texas 76034 i"~' ~ Agenda 817.503.1000 , ,Y,, .- www.colleyvil le.com City Council Tuesday, September 6, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the 2011 Assistance to Firefighters Grant to meet future radio equipment replacement needs for the Fire Department PC-2 Presentation of the Colleyville Economic Development Corporation Annual Activity Report PC-3 Update on the status of the SH26-Phase I Reconstruction Project PC-4 Discussion of the September 6, 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 - Consult with and receive confidential legal advice from City Attorney regarding records management and retention provisions under State law Section 551.072 - Real Estate - Real property relative to boundary/right-of-way agreement with the City of Grapevine Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities City of Colleyville Page 1 Printed on 9/1/2011 City Council Agenda September 6, 2011 Section 551.074 - Personnel - Discussion of the appointment and duties of the Planning and Zoning Commission and Zoning Board of Adjustment 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. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3394 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of the Colleyville Fire Department Combat Challenge Team - Mayor David Kelly and Citizen Fire Academy Alumni Association Vice President Bo Bottger 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3395 4a Approval of the minutes of the regular City Council meeting of August 16, 2011 4b Approval of the disposal of obsolete and non-serviceable equipment and vehicles 4c Approval of the annual review of the City's Investment Policy 4d Approval of the extension of an agreement with Autobahn Motor Cars to sponsor a loan vehicle for the Colleyville Heritage High School Resource Officer City of Colleyville Page 2 Printed on 9/1/2011 City Council Agenda September 6, 2011 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2012-2016 (FY 2012-2016) of the Colleyville Economic Development Corporation 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1804 Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1805 Adoption of the proposed Fiscal Year 2012 (FY 2012) budget 6b 0-11-1806 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2012 (FY 2012) 6c 0-11-1807 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2012 (FY 2012) Budget 6d 0-11-1808 Amending Section 1 of Ordinance 0-10-1786 relating to the Fiscal Year 2011 General Fund and Utility Fund budget 6e 0-11-1809 Amending Ordinance 0-92-880 setting fees and charges for City facilities 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3396 Consideration of an appeal of the decision by the Sign Board of Appeals by David Hall, for a variance regarding a monument sign on Lot 17, Block 2, of the Fairway Addition located at 8504 Precinct Line Road, Case GC 11-005 7b R-11-3397 Approval of an amendment and extension agreement between IESI TX Corporation and the City of Colleyville to extend the franchise contract for the collection and disposal of trash and recycling materials, approve a rate adjustment and change the residential recycling program 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 6, 2011 - Reading and Public Hearing - Resolution R-11-3398 City of Colleyville Page 3 Printed on 9/1/2011 City Council Agenda September 6, 2011 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 2, 2011, by 5:00 p.m. ~ ^ J b~ c.r~- L Cynthia Singleton, TRMC, CMC 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 4 Printed on 9/1/2011 ~~-'~ C ity of C o I I eyv i I I e 100 MI ain Street ~ ~ Coileyville, Texas 76034 M i n utes 817. 503.1000 '~`~~~~ www.colleyville.com Clt~/ COUIICI~ Tuesday, September 6, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the City Council was called to order by Mayor David Kelly on September 6, 2011, at 5:37 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, Interim Police Chief David James, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Economic Development Director Marty Wieder, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Parks and Recreation Director Monica Walsh, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the 2011 Assistance to Firefighters Grant to meet future radio equipment replacement needs for the Fire Department Fire Chief Russell Shelley stated the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program (AFG) was developed after the September 11, 2001 terrorist attacks as a means of providing a funding source to fire departments across the nation. Through the AFG, the Fire Department has the opportunity to pursue grant funding to replace all portable mobile and fire station radios to meet future Federal Communications Commission (FCC) requirements with the estimated cost of the total radio system changeover in excess of $2 million. Discussion ensued regarding the availability of additional grant opportunities, a potential county-wide regional radio infrastructure, and the timeline for awarding the AFG grant. PC-2 Presentation of the Colleyville Economic Development Corporation Annual Activity Report Assistant City Manager and Chief Financial Officer Terry Leake stated the Colleyville Economic Development Corporation (CEDC) bylaws City of Colleyville Page 1 Printed on 9/23/2011 City Council Minutes September 6, 2011 require the Board make an annual report by February 1, 2012 to the City Council. On August 23, 2011, the Board approved the FY 2012 Annual Budget and adopted the Economic Development Capital Improvement Program (EDCIP) for Fiscal Years 2012 through 2016. Ms. Leake reviewed revenues and expenses, provided the status of EDCIP projects and answered questions of the City Council. PC-3 Update on the status of the SH26-Phase I Reconstruction Project City Engineer Jeremy Hutt provided an update of the SH26 Phase I Reconstruction Project and stated the project was awarded to AUI Contractors, LLC, at $11,469,297.63 and construction is expected to begin March 2012. Mr. Hutt stated the City is responsible for funding the powdered coated street light poles, back-lit street name signage and vehicle-pedestrian separation and TxDOT is responsible for project cost overruns. Discussion ensued regarding the design, construction, and funding of the bridge at John McCain Road to provide for pedestrian safety and paving costs. Discussion ensued regarding the bid amounts related to paving costs. PC-4 Discussion of the September 6, 2011 City Council meeting regular agenda items City Manager Jennifer Fadden stated Councilmember Short requested an analysis of the City's contribution to the Colleyville Area Chamber of Commerce and suggested the contribution be tied to the City's sales tax contribution. Discussion ensued regarding the impact of the Chamber's services and activities on the City's sales tax revenue and the request for Chamber data related to the City of Colleyville economic development opportunities. Councilmember Muhm requested Mr. Steve Johnson, President, Colleyville Area Chamber of Commerce, be invited to a discussion with City Council regarding cooperative efforts between the Chamber and City prior to the development of the FY 2013 budget. There was discussion regarding agenda item 7b, "Approval of an amendment and extension agreement between IESI TX Corporation and the City of Colleyville to extend the franchise contract for the collection and disposal of trash and recycling materials, approve a rate adjustment and change the residential recycling program", to make the following City of Colleyville Page 2 Printed on 9/23/2011 City Council Minutes September 6, 2011 changes: page 4 of Exhibit "B", item 5, change "the term of this Contract shall be for a period of five years, commencing on November 1, 2011 and concluding on October 31, 2016" to "concluding on October 31, 2017"; page 1 of 5, under "AGREEMENT:", item 1, paragraph beginning "City also hereby grants to contractor...with an option to renew for an additional five year period beginning on November 1, 2016", should read "beginning on November 1, 2017". Strategic Services Manager Eric Ellwanger stated the IESI contract would only be renewed beyond October 31, 2017, if both the City and IESI wished to renew the contract; the City is under no obligation to renew and could bid the waste management services for the period beyond October 31, 2017. Discussion ensued regarding the new cart delivery process, recyclable items, public education plan, and bin replacement program. Councilmember Taylor requested the August 16, 2011, City Council minutes, PC-4, be amended to delete the following: "City Council determined paper copies of the agenda packet would be provided to Councilmember Muhm and Councilmember Wollin and the public copy would be discontinued". Mayor Kelly adjourned the Pre Council meeting at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 6, 2011, at 7:34 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, Interim Police Chief David James, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Bob Lowry, Economic Development Director Marty Wieder, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 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 City of Colleyville Page 3 Printed on 9/23/2011 City Council Minutes September 6, 2011 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 - Consult with and receive confidential legal advice from City Attorney regarding records management and retention provisions under State law Section 551.072 - Real Estate - Real property relative to boundary/right-of-way agreement with the City of Grapevine Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.074 - Personnel - Discussion of the appointment and duties of the Planning and Zoning Commission and Zoning Board of Adjustment 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 D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074, Personnel, 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 6:36 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-11-3394 Mayor Kelly read Resolution R-11-3394 in its entirety. 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 4 Printed on 9/23/2011 City Council Minutes September 6, 2011 City Manager Jennifer Fadden stated this item is for consideration of acquisition of right-of-way needed for the construction of the John McCain Road and Pleasant Run Road roundabout. After the acquisition of this property, one additional parcel of land is required prior to the commencement of construction. Councilmember Taylor moved to approve Resolution R-11-3394. Councilmember Wollin 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 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly invited citizens to the 9/11 Remembrance Ceremony at City Hall on Sunday, September 11, 2011 at 7:30 p.m. Mayor Kelly and Bo Bottger, Vice President, Citizen Fire Academy Alumni Association, recognized Colleyville firefighters for competing in the Firefighter Combat Challenge, a demanding multi event challenge designed to promote physical fitness. Battalion Chief Mark Cantrell introduced Firefighter Charlie Harper, Firefighter Lance Lindley, Engineer Case Williams, Engineer Justin Leong, Lieutenant Eddie Moran, and Lieutenant Mitch White, who participated in the Combat Challenge and qualified to compete in the next level of competition. Mayor Kelly expressed appreciation to the Citizen Fire Academy Alumni Association for sponsoring the firefighters in the event and congratulated the firefighters for their success in the competition. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3395 4a Approval of the minutes of the regular City Council meeting of August 16, 2011 4b Approval of the disposal of obsolete and non-serviceable equipment and vehicles City of Colleyville Page 5 Printed on 9/23/2011 City Council Minutes September 6, 2011 4c Approval of the annual review of the City's Investment Policy 4d Approval of the extension of an agreement with Autobahn Motor Cars to sponsor a loan vehicle for the Colleyville Heritage High School Resource Officer 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2012-2016 (FY 2012-2016) of the Colleyville Economic Development Corporation Mayor Kelly read Resolution R-11-3395 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-11-3395, with the amendment to the August 16, 2011, City Council minutes to remove the last paragraph on page 3, which begins with "City Council determined" and ends with "would be discontinued". Councilmember Hall seconded the motion. Councilmember Taylor expressed appreciation to Autobahn Motor Car Group for providing a vehicle for the City's school resource program at Colleyville Heritage High School and stated the program provides an opportunity for students to interact with police officers. Officer Gary Moore, School Resource Officer, stated the vehicle donation is a great asset to the program. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1804 Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-013 Mayor Kelly read the caption of Ordinance 0-11-1804. City of Colleyville Page 6 Printed on 9/23/2011 City Council Minutes September 6, 2011 Mayor Kelly opened the public hearing. Mr. Greg Robertson, 2409 Nettle Lane, Euless, Texas, representing the applicant, spoke regarding a non-street side entry and the parking area. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the building design score and potential use for the building. Mayor Kelly moved to deny Ordinance 0-11-1804 with prejudice. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Nay: 1 - Michael Muhm 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1805 Adoption of the proposed Fiscal Year 2012 (FY 2012) budget Mayor Kelly read the caption of Ordinance 0-11-1805. Strategic Services Manager Eric Ellwanger presented the proposed Fiscal Year 2012 budget, stated the budget maintains the current tax rate of $.3559 per one hundred dollars of valuation and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly expressed appreciation to staff for development of the budget and excellent fiscal management of the City's resources. City Manager Jennifer Fadden stated citizens pay on average just over $1,400 in taxes annually and staff estimates the value of services provided is $2,200 annually. Councilmember Taylor stated the City is still holding a$.3559 tax rate City of Colleyville Page 7 Printed on 9/23/2011 City Council Minutes September 6, 2011 with the City's proposed tax rate lower than the effective tax rate. The tax rate remains unchanged but revenues are down because the ad valorem tax is down. 6b 0-11-1806 Councilmember Taylor commended the staff for meeting the City Council's goals related to the budget. Adoption of the Ad Valorem Tax Rate for Fiscal Year 2012 (FY 2012) 6c 0-11-1807 Mayor Kelly read the caption of Ordinance 0-11-1806. Strategic Services Manager Eric Ellwanger stated the FY 2012 tax rate of $.3559 per hundred dollars of valuation is unchanged from FY 2012 to FY 2011 and this is the fifth year the tax rate is $.3559. The average residential value for FY 2011 is $397,472 and the average residential value for FY 2012 is $396,818 with the average value for existing property on the tax roll decreasing 1.62%. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin expressed appreciation to staff for saving money by refinancing bonds at a lower rate. Adoption of the Colleyville Economic Development Corporation Fiscal Year 2012 (FY 2012) Budget Mayor Kelly read the caption of Ordinance 0-11-1807. Assistant City Manager and Chief Financial Officer Terry Leake stated the Colleyville Economic Development Corporation (CEDC) Board approved the Fiscal Year 2012 CEDC budget and the budget must also be approved and adopted by the City Council. Ms. Leake further stated the sales tax portion of the revenue estimate is one-half of the sales tax revenue estimate in the City's proposed FY 2012 budget. Ms. Leake reviewed the CEDC Capital expenditures and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the CEDC budget allowable expenses. City of Colleyville Page 8 Prinfed on 9/23/2011 City Council Minutes September 6, 2011 Assistant City Manager Leake stated the original CEDC was established by the voters in 1996 and the ballot language provided for parks and park improvements, the Colleyville Center and the Colleyville Public Library. A recent change in legislation allows for funding up to 10% for economic development activities within the scope of the corporation's revenue. Ms. Leake further stated the CEDC has provided for the establishment and improvement of parks, trails, and the Senior Center. Mayor Kelly expressed appreciation to previous leadership and citizens for the establishment of the Corporation, which has provided funding for parks and the Senior Center. City Attorney Matthew Boyle stated in order to allow for more flexibility in disbursement of CEDC funds, all options would be subject to an election. 6d 0-11-1808 Amending Section 1 of Ordinance 0-10-1786 relating to the Fiscal Year 2011 General Fund and Utility Fund budget Mayor Kelly read the caption of Ordinance 0-11-1808. Assistant City Manager Terry Leake stated it is currently estimated at the end of this fiscal year the projected revenues will be approximately $547,000 greater than what was budgeted at the beginning of this fiscal year. Ms. Leake further stated, the projected increase comes primarily from the area of sales tax, franchise fees and building related license fees and permit fees. It is proposed to make two different transfers, the first is to transfer $300,000 to the Capital Equipment Replacement Fund for the acquisition of new financial software and up to $200,000 from the General Fund difference in FY 2011 revenues over expenditures to the Capital Projects fund for future street reconstruction. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the features and capabilities of the new financial software. 6e 0-11-1809 Amending Ordinance 0-92-880 setting fees and charges for City facilities Mayor Kelly read the caption of Ordinance 0-11-1809. City of Colleyville Page 9 Prinfed on 9/23/2011 City Council Minutes September 6, 2011 Strategic Services Manager Eric Ellwanger outlined the proposed fees and charges related to the Colleyville Center and City Secretary's Office and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3396 Consideration of an appeal of the decision by the Sign Board of Appeals by David Hall, for a variance regarding a monument sign on Lot 17, Block 2, of the Fairway Addition located at 8504 Precinct Line Road, Case GC 11-005 Mayor Kelly read Resolution R-11-3396 in its entirety. Community Development Director Ron Ruthven provided an overview of the request for a variance regarding a monument sign located at 8504 Precinct Line Road to increase the height and area of the sign and stated the Sign Board of Appeals denied the request. Mayor Kelly opened the public hearing. Mr. David Hall, 6 Tuscany Court, Mansfield, Texas, applicant, spoke regarding visibility issues related to the monument sign. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the visibility of the sign and the removal of shrubs to increase the view of the sign. Community Development Director Ron Ruthven stated the shrubs are part of the required landscaping but could be relocated on the property. Mayor Kelly moved to deny Resolution R-11-3396. I~llayor Pro Tem Hart 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 City of Colleyville Page 10 Printed on 9/23/2011 City Council Minutes September 6, 2011 7b R-11-3397 Approval of an amendment and extension agreement between IESI TX Corporation and the City of Colleyville to extend the franchise contract for the collection and disposal of trash and recycling materials, approve a rate adjustment and change the residential recycling program Mayor Kelly read Resolution R-11-3397 in its entirety. Strategic Services Manager Eric Ellwanger stated the proposed resolution is an amendment and extension agreement between IESI TX Corporation and the City of Colleyville that provides for three separate yet interrelated components: 1) the exptension of the current franchise contract for the collection and disposal of trash and recycling materials; 2) a rate adjustment for residential and commercial trash services; 3) a change in the residential recycling program. The City is currently in year four of a five-year contract with IESI and the contract includes an option to renew for an additional five-year period terminating August 31, 2017 and the proposed resolution provides for an early renewal of the current contract for an additional six-year period with the implementation of the recycling program. Mr. Ellwanger further stated, as a part of the contract extension, IESI has agreed to forego any adjustment to residential rates until November 1, 2014, as long as the increase in the Consumer Price Index (CPI) is equal to or below 2.5 percent. In addition to the $1.15 increase in the residential recycling rate necessitated by the change to 65 gallon rolling carts, IESI has filed a letter and supporting documents requesting a 4.23 percent ($0.47) rate increase in trash services that will also be effective November 1, 2011. The requested rate increase consists of three components: a CPI increase of 1.21 percent, an average fuel price component increase of 20.25 percent and a supplemental disposal increase of 3.21 percent. IESI will provide the City a quarterly rebate if the enhanced recycling program generates in excess of 65 pounds per home per month for a quarter. There is no proposed change in the current twice per week, curb-side bag service. However, a City-wide transition to 65 gallon rolling carts for recycling will necessitate a change in the pick-up schedule for both trash and recycling. If the proposed resolution is approved, the total impact to residential customers will be a$1.62 increase per month beginning November 1, 2011. Commercial customers will experience a 4.23 percent rate increase across all service types effective November 1, 2011. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mr. Paul Hansen, Division Manager, IESI, stated the recycling program is City of Colleyville Page 11 Printed on 9/23/2011 City Council Minutes September 6, 2011 a single stream recycling system, which includes all paper products, aluminum cans, glass bottles, recyclable plastic, cardboard packaging and milk and juice cartons. Mr. Hansen further stated the new 65 gallon rolling carts will be delivered to each residence. Mayor Kelly moved to approve Resolution R-11-3397, with the amendments, related to the contract dates, as discussed in the Pre Council meeting. Mayor Pro Tem Hart seconded the motion. Mr. Bob Kneis, District Manager, IESI, stated the City of Colleyville name and logo will be printed on the bins. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 6, 2011 - Reading and Public Hearing - Resolution R-11-3398 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjourn and Councilmember Wollin 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 meeting at 9:13 p.m. City of Colleyville Page 12 Printed on 9/23/2011 City Council Minutes September 6, 2011 APPROVED BY A VOTE OF ~ AYES, ABSTENTIONS ON THIS THE ~~ DAY OF Minutes t n and r r ,C__ Cy hia Singleton, TRMC, CMC Ci Secretary ~ NA/YS AND ~ ~/tP~ 2p 11. City of Colleyville Page 13 Printed on 9/23/2011