Loading...
01-24-2006 (City Council) Minutes MINUTE S Wylie City Council Tuesday, January 24, 2006- 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North ix� � � �w".6MFl4:�ed�ty ,de..".ist 7 .x.�� 1,.... � _. ,. .'_ .....,,.i..tl.�R ttnL�iziun3�.w.Y§e�w ems..MS.S���aei�A ���� k �'f e { ...�.$3m• Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom. Councilman Merrill Young was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Library Director, Rachael Orozco; Public Information Officer, Mark Witter, Administrative Assistant to the City Secretary, Gayle Walton and various support staff. INVOCAT1O1)14*PLEDGE4OF ALLEGIANCE Rev. Scott Babb of the Murphy Road Baptist Church gave the invocation and Mayor Pro Tern Hogue led the Pledge of Allegiance. PROCLAMATIONSr,r1,PRESE.N,TATIOS • 2" Six Weeks Star Students—Character Trait of "Caring" Mayor Mondy and Mayor Pro Tern Hogue presented Certificates to students nominated for the character trait of "Caring". Correction was noted that this is the 3rd Six Weeks Star Students. • Presentation by Verizon of the Fiber Optic Service Community Award (Verizon Representatives) Mr. Cesar Moncada, Director of External Affairs with Verizon, presented the Mayor and City Council with a Fiber Optic Service Community Award for its vision in advancing the city and in advancing technology. Mr. Moncada stated that with Fiber Optic,Verizon will be able to converge all of its network into one-crystal clear voice, very high speed data with almost limitless capacity and television signals and whatever else comes next. Mr. Moncada stated that the City of Wylie is one of the few cities in the nation that is going to have this network. On behalf of the City and the City Council, Mayor Mondy accepted the Fiber Optic Service Community Award. • Presentation of the Wylie Police Department 2005 Annual Traffic Contact Report (J.Butters, Chief of Police) Lt. Mike Atkison presented to the Mayor and City Council the Wylie Police Department 2005 Annual Traffic Contact Report. Lt. Atkison noted that Senate Bill 1074 requires that the Police Department gather traffic related contact data and to report the contact data to the governing body every year, no later than March of the following year. Lt. Mike Atkison stated that the 2005 Annual Traffic Contact Report meets and exceeds all of the requirements of Senate Bill 1074. Mayor Mondy asked for clarification regarding a vehicle search — Learning Objective, Paragraph 3.1.1. Lt. Mike Atkison addressed and clarified the right to search a vehicle. Minutes—January 24,2006 Wylie City Council Page 1 Mayor Mondy asked if this report means that we are not a racial profiling community and Lt. Mike Atkison concurred that this is correct. There were no further questions or comments. - a.N 1bS.2kSi .:l'§rx.+_ There was no one present to address Council. ,C e.NSENT AGEIVP � ak .k All matters listed4undenthe Consent Agenda are considered to be routine'by,the fCit� ouncil ail• M5x, (l pALen ted by,�e motion„ Where a 111 not$beseparate-.discussion of hese items discussion is desired;� , tra te , o 0o e " o Consent Agenda and will be coast erect arateY r y r`r t si s ' i v S` 9n y A. Approval of the Minutes from the January 10, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Preliminary Plat for Best Corner Wylie Addition, generally located at the northeast corner of Kirby Street and F.M. 544. (M.Manson,Assistant City Manager) C. Consider and act upon a Final Plat for Sage Creek Phase 9 Addition, generally located south of Sage Creek 8 Addition and north of Wooded Creek Addition. (M.Manson,Assistant City Manager) D. Consider and act upon a Final Plat for Sage Creek Phase 9A Addition, generally located south of Sage Creek 9 Addition and north of Wooded Creek Addition. (M.Manson,Assistant City Manager) E. Consider and act upon authorizing the City Manager to sign an Amended Water CCN Transfer Agreement between Wylie Northeast Water Supply Corporation and City of Wylie, Texas. (M. Roath, City Manager) F. Consider and act upon approval and final acceptance of the utility improvements along Cotton Belt, Jackson, and Cooper Streets and authorize final payment to Evergreen National Indemnity Company, in the amount of $58,241.45, and accept the project as complete. (C. Hoisted, City Engineer) G. Consider and act upon authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2005-2006. (R. Orozco,Library Director) H. Consider and act upon authorizing the Mayor to execute a Discretionary Service Agreement with TXU Electric Delivery Company and a Statement of Charges in the amount of $9,490.76 for the relocation of overhead electrical service lines in Olde City Park as part of improvements to Olde City Park. (M.Sferra,Public Services Director) I. Consider and act upon awarding a contract to C & G Electric, Inc. for the installation of lighting at the Founders Park Tennis Center and authorizing a change order to reduce the scope of work resulting in a total contract price of$84,680.00. (M.Sferra,Public Services Director) J. Consider and act upon a request from the Blackland Prairie Playground Foundation to use Founders Park for their "Spring Fest" on March 25, 2006. (R. Diaz, Asst. Superintendent, Parks and Recreation) Minutes-January 24,2006 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White, to approve all items of the Consent Agenda as presented. A vote was taken and passed 6-0. Councilman Young was absent. v {d7-TC7: 4Y 1'rr':S �.�. r 41;wF . ikl ..,. Tabled Item from 12-6-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tern Hogue to remove Ordinance No. 2005-58, Revisions to the Comprehensive Zoning Ordinance, from the table for consideration. Consensus of Council was to remove from the table and consider. 1. Continue a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. (M.Manson,Assistant City Manager) Staff Comments Assistant City Manager and Planning Director Manson addressed Council stating that there are two Public Hearing items for Council consideration,both are to consider amendments to the Zoning Ordinance. Mrs. Manson stated this item before Council is to consider amendments to Article 3 and Article 4 of the Zoning Ordinance which deals with the residential and non-residential design criteria and uses, respectively. Within the Residential regulations, one of the largest changes is the recommendation to delete the category SF8.5 which is the zoning district that allows the 8500 square foot minimum lot size and therefore, this would make conventional single family detached houses, the smaller lot sizes of 10,000 square feet. There have been adjustments made to the minimum structural sizes of the house and the clarification is that the square footage is exclusive of patios, garages and porches and is comprised of air conditioned space. This has been added to the Zoning Ordinance. There are some additional design standards that have been added to strengthen the Residential Zoning District. There is a provision that 20% of the exterior facade needs to be a design in the brick or alternate stone, or some kind of alternative to provide a little more variety or avoid the cookie cutter appearance of some of the Residential Zoning Districts. Within the Non-residential District-the Commercial and Industrial District, one of the primary differences that is being recommended is to drop the Business Center Zoning District which is a zoning category that we have had and also some land zoned this way but it has proven to be a cumbersome zoning district and has put somewhat overly restrictive setbacks on some of the property owners. The recommendation is to delete the Business Center Zoning District completely. Also, rather than have the single Industrial Zoning District, this district is to be split into Light Industrial Zoning District and Heavy Industrial Zoning District. In general, the parallel is that the type of uses allowed in the Business Center Zoning is allowed in the Light Industrial Zoning. This has been discussed several times with the Planning and Zoning Commission and they do recommend approval. Council Discussion Mayor Pro Tern Hogue asked if something happened to a house built on a SF8.5 zoning such as the house being burnt to the ground and had to be rebuilt, how it would this situation be addressed. Mrs. Manson stated that in an earlier revision submitted to Council, there was some thought to having an "infill zoning category". However, upon further review, it presented in some ways more problems in dealing with conforming uses. Mrs.Manson stated that presented with a similar situation of a house being burnt, staff looks at when the house was platted and what the zoning regulations were in place at the time it was platted and for the most part,those standards are applied. There is also a provision that is somewhat related that states that,particular in an infill development or an older area that if 60 percent or more of a house in a block are frame houses then a frame house can be built and is to blend in with the character of the neighborhood. Mayor Pro Tern Hogue stated that his main concern was if you have a 2200 square foot home that burns to the ground, you can rebuild that house in that neighborhood on that lot. Mrs. Manson stated that in this instance, a house could be rebuilt on that particular lot and the Zoning Ordinance deals with nonconformance uses and nonconformance structures and there have not been any Minutes—January 24,2006 Wylie City Council Page 3 recommended changes with the Zoning Ordinance regarding this and that state law continues to strengthen property rights with what is invested. Mrs. Manson further stated that if such a house was rebuilt, it would have to be built up to code. Mayor Pro Tern Hogue asked if,in regards to items No. 1 and 2,there were any attendance problems with the Planning and Zoning Commission members. Ms.Manson stated that there are no chronic problems with attendance by the Planning and Zoning Commission members. Mayor Mondv opened the Public Hearing. No one was present to address Council Mayor Mondy closed the Public Hearing. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. A vote was taken and passed 6-0. Councilman Young was absent. Public Hearing 2. Hold a Public Hearing and consider and act upon Ordinance No. 2006-04 implementing revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City-Wide Zoning Map. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager and Planning Director Manson addressed Council regarding the use regulations of Article 5 which constitutes the use chart that sets out the districts and their uses, any eliminations and additions of the Zoning Districts in Articles 3 and 4. Article 5 needs to be amended to reflect these uses. Mrs. Manson stated that Planning and Zoning Commission did have a public hearing on this item and in general the uses were adjusted to reflect that what was previously Business Center Use is now reflected Light Industrial and Industrial is now reflected as Heavy Industrial with some minor changes. The Planning and Zoning Commission did consider this at their last meeting and recommended approval to Council 4-0. Council had no questions or comments. Public Hearing Mayor Mondy opened the Public Hearing. There was no one present to address Council. Mayor Mondv closed the Public Hearing. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to approve Ordinance No. 2006-04 implementing revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City- Wide Zoning Map. A vote was taken and passed 6-0. Councilman Young was absent. 3. Consider and act upon Ordinance No. 2006-05 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) by repealing Section 42.00 (Right-of-Way Abandonment Fee). (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager and Planning Director Manson addressed Council stating that there is a provision currently within the fee schedule of the City Ordinance that addresses the process that the city follows in selling property. In part the Minutes—January 24,2006 Wylie City Council Page 4 language is somewhat in conflict with state law and has created a little confusion particularly in dealing with street and alley abandonments. The recommendation by staff is to repeal or delete that particular section of the code. State law governs the process so it is not necessary for this to addressed at a local level. Staff recommends approval. Council Discussion Mayor Mondy asked for clarification regarding the statement"precludes giving property away"and stated that the City has always placed a value on property. Mayor Mondy then asked if we are getting away from placing a value on an alley and just giving it away. Ms. Manson said that this is not the case and that there is a section in the State Law that says that depending upon the circumstances, it sets off a process that the City follows to dispose of property. Under certain circumstances we have the option to go through a bidding process or auction. In some instances where you determine fair market value,there is different criteria depending on whether there is adjacent property owners or if you are just opening it up for bids. Mrs.Manson further stated that how the state law addresses it depends on the situation, and that the language in this ordinance doesn't tell the whole story on what it references in State Law. Mayor Mondy asked if State Law says that you can give it away. Mrs. Manson stated that under certain circumstances you can sell it for less than fair market value whatever that is deemed to be. Councilwoman Allen asked if that would be a dollar or anything under fair market value. City Manager Roath stated that one of the aspects is that you have a situation where you don't have much of a piece of property to sell and yet you would be required under our current Ordinance to have an appraisal which would actually cost you more than you might receive,than what the property is worth and just reverting back to State Law allows Council to have more flexibility. Mrs. Manson stated provisions that we have in place ties the Council hands more than anything and that State Law allows more flexibility. Mayor Mondy asked how does that prevent abuse, who makes the decision on a property being less than fair market value. City Manager Roath and Mrs.Manson stated that the decision is made by the City Council. Mayor Mondy asked what occurs if Council does not approve this. Ms.Manson stated that we will abide by the local regulations. Mayor Mondy asked Attorney Julie Fort of the City Attorney's Office what would occur if we did not approve this and Ms. Fort stated that the existing section that we have in the code would remain if we don't approve it and what is written doesn't make sense because it is called a right of way abandonment fee and that in actuality there is no fee for abandoning right of way. Ms.Fort further stated that you can abandon property as right of way and still own the property and that what should be done is to sell it or exchange it or get some value for the underline ownership,not for the right of way that you have just abandoned and therefore, there really isn't such a thing as getting a fee for abandonment of right of way. Any compensation you get is for actual transfer of title. Attorney Fort stated that what the City has doesn't make any sense and it just inhibits the City from having different options as far as selling property that State Law allows. Councilman Porter asked Attorney Fort if she is aware of any other cities of the state that are having any kind of problem with State Law,using the State rules as they are. Attorney Fort stated no, that it actually works pretty well. There were no further questions or comments. Council Action A motion was made by Councilman Porter, seconded by Councilman Newsom to approve Ordinance No. 2006- 05 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) by repealing Section 42.00(Right-of-Way Abandonment Fee).. A vote was taken and passed 6-0. Councilman Young was absent. 4. Consider and act upon an Amended Solid Waste Recycling Contract between the City of Wylie and Allied Waste Systems, Inc. including a rate increase. (M. Roath/J. Fort, City Manager and City Attorney,Respectively) Staff Comments City Manager Roath addressed Council stating that the City entered into a contract with Brown and Ferris in September 2001 and then in approximately 2003 the city extended that contract to August 31, 2008. Subsequently in 2003 there was an amendment to the contract and at that time,Trinity Waste Management Systems had been assigned a contract to provide solid waste services to the City. City Manager Roath also stated that in 2004, representatives of Trinity Waste Systems approached the city twofold. One, with regards to trying to incorporate the changes that were made in 2003 into one contract, and secondly, for the City to consider a rate increase since they had not had a rate increase since September 2001. Minutes—January 24,2006 Wylie City Council Page 5 City Manager Roath stated that at that time he enlisted the City Attorney's office for assistance and Attorney Julie Fort was kind enough to step up to the plate and assist in putting this contract together. City Manager Roath and Attorney Fort worked with the representatives of Trinity Waste Systems which is now Allied Waste Systems and representatives were present to answer any questions of Council. City Manager Roath also stated that Mr.Reid Donaldson,General Manager of Allied Waste Systems and his legal staff met to try and put together a document that would improve the City's current contract and incorporate the amendments that were made in 2003 for at least the remainder of the contract period which is to August 31,2008. City Manager Roath stated that during this process, staff were confronted with some issues with regard to trying to improve the City's recycling service and because the contract negotiations extended out for a period of time and up to this period of time, the representatives for Allied Waste Systems indicated that they did not feel that the cost to implement the improvements and recycling could be amortized in the short time remaining on the contract. Therefore, an alternative was chosen in regards to improvements to the recycling portion of the contract that would be an additional cost of$1.03. City Manager Roath provided to Council a packet of citizen concerns that were received by the City over a period of time along with a memorandum from Mr. Donaldson. City Manager Roath informed Council that such concerns were presented to Allied Waste as they routinely came up. City Manager Roath further stated that the long and short of it is that we currently have a contract with Allied Waste System until August 31,2008 and Allied Waste System has requested a rate increase and in all fairness to them, they have not had a rate increase since September, 2001. City Manager Roath stated that the City is confronted with a two fold issue sort of like the chicken and egg situation,do you give the increase and then expect improved service for the remainder of the contract period or is this ultimately the issue that Council needs to focus on. As far the contract itself, the City Manager and Attorney Fort reviewed the language and appropriateness of the proposed contract and Attorney Fort was commended on ensuring that the contract reflects better and improved services for the City. City Manager noted that staff is in the process of getting improved recycling services and Council is asked to act upon the improved contract as presented; the ultimate question is the issue of whether an increase is warranted with the service they currently have. Council Discussion Mr. Reid Donaldson, General Manager and Brenda Lalonde, Municipal Marketing Manager of Allied Waste Systems addressed Council and stated that it is their intent to get a better recycling program for the City. Mr. Donaldson pointed out that with $725.000 in capital for the City that it was hard to try to amortize this amount into the remainder of the contract because it would make the cost too high. A longer contract term would lower the amortization cost. Mayor Pro Tem Hogue asked if all the issues/concerns by citizens have been resolved and Mr. Donaldson responded that they have. Mayor Mondy asked what process do Allied Waste System use to resolve customer complaints. Mr. Donaldson stated a supervisor is dedicated for this city and that responses are given to all of the complaints they have received. Councilman Newsom commented that he has not had any problems with Allied Waste System services. Councilwoman Allen stated that she also has received complaints of service. City Manager Roath stated that the amended contract addresses the complaint process in that it requires Allied Waste Systems forward a complaint log to the City on a periodic basis and the amended contract also includes requirements for standards of performance - 72 hours response time on complaints and 24 hours on trash issues. Mayor Pro Tem Hogue asked if there were any penalties in the amended contract and City Manager Roath responded that there are certain penalties noted in certain sections with regards to monetary amounts. City Manager Roath stated that the real issue is the rate increase—we have a contract and hopefully the service will be such that we will be happy during the remaining time. It was noted that the Council has the option to extend the contract in 2008. City Manager Roath stated that Council might consider this if Council did authorize an increase in the rate and that the contract could be converted to a month to month. In a sense Council would be authorizing an increase to adequately provide service and at the same time the City would have the option to cancel the contact if the service wasn't appropriate on a month to month basis verses waiting until August 31, 2008 to make that decision unless there is a breach of contract. City Manager Roath asked Attorney Fort to address Council on this option. Attorney Fort stated that these terms could be drafted if Allied Waste Systems are agreeable to these terms.Mayor Mondy asked if escalation clauses were taken into account when the contract was first drawn up. Councilman Newsom stated that based on the contract, Allied Waste Systems do have a right to an increase due to the Consumers Price Index which is 52 cents of the requested increase. Councilman Newsom asked if there were any other escalation clauses and Mr.Donaldson stated that there is a landfill clause which covers the 22 cents clause and that fuel is not specifically addressed in the contract. Mr. Donaldson stated that in response to Mayor Mondy's question,the City asked that no increase in the first year of the contract be made,therefore no increase was given. Mr.Donaldson also stated that the City Manager had discussed several issues with Allied Waste Systems and has asked that better services be provided and that the City's concerns be addressed. Mayor Pro Tern Hogue asked what constitutes not receiving service—one person not receiving the service? Attorney Fort stated that the new draft contract provides that if Allied Waste doesn't respond within 72 hours or 24 hours depending on the nature of the complaint or at least 95%of the time based on a quarterly basis, then the City can give 30 days notice and terminate the contract. Clause 18, Termination Minutes—January 24,2006 Wylie City Council Page 6 for Cause was also addressed by Attorney Fort. Attorney Fort explained that the existing contract requires a 2/3 vote of Council to terminate the contract for cause—meaning that if there is something in the contract that Allied Waste System is required to do but are not doing, the City has the right to terminate. The new draft only requires a majority vote instead of a 2/3 vote by Council for the right to terminate. Mayor Mondy asked City Manager Roath what his recommendation was. City Manager Roath stated that we have not increased the vendor's rates since 2001 and if they are having to eat cost to provide service then it is difficult for them to provide service at the same time. City Manager Roath stated that his only concern is in regards to allowing the City the mobility that if the service doesn't improve,we do not have to wait until 2008 to cancel. If Council feels that having assurance of having a month to month contract for the remaining period of time would be more advantageous to the City, then this would be his recommendation. City Manager Roath stated that if the City Attorney could fashion a language that if service is not appropriate to Council and provided that the new contract provides a complaint list or log to be furnished to the Council, and periodically reviewed by staff and Council, and if Council is not happy with the service, we should not continue the service. City Manager Roath stated that however, on the other hand,if we do not give Allied Waste System the opportunity to have a rate increase to provide the service we require, then it is kind of our responsibility as well that they don't succeed. Mayor Pro Tem Hogue asked if Allied Waste is not making money in the City of Wylie. Mr. Donaldson stated that they are doing a lot of this area and that this contract is by far the lowest one in the area. Mayor Pro Tern Hogue again asked if Allied Waste System is losing money. Mr. Donaldson stated that the City of Wylie is not paying for itself at all. Mayor Pro Tern Hogue stated that his concern is that Allied Waste System is taking care of the residents of the City of Wylie. City Manager Roath stated that an alternative would be to approve whatever increase the Council feels is appropriate, subject to the change in language to the contract allowing the City to terminate the contract if services are not up to Council's level of performance. Mayor Mondy asked if this item could be tabled. Mayor Pro Tem Hogue concurred that this item should be tabled. City Manager Roath stated that if tabled, this would allow time for the City Manager and City Attorney to incorporate changes into the contract. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to table this item to the February 14,2006 Council meeting. A vote was taken and passed 6-0. Councilman Young was absent. 5. Consider and act upon a commitment by the Wylie City Council to contribute to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment. (C.Ehrlich, City Secretary) Councilman Young arrived at 7:38 p.m. Staff Comments Mayor Mondy stated that he received a request from the Mayor of the City of Melissa, a group of elected officials and mayors,to assist these programs in funding. Mayor Mondy stated that the need of the organization services are up but their revenue is down and that the purpose of this item is try to give these organizations a number they can depend on to develop their budget for next year. Mayor Mondy opened the floor for discussion. Mayor Pro Tern Hogue asked what cities are currently participating. Mayor Mondy stated that he is aware of Plano, Frisco, McKinney, and Lowry Crossing are participants in these programs. Councilman Newsom noted that these are worthwhile groups but that on October 11,2005, Council passed an Ordinance giving a procedure for donations of this sort and that this request is outside the procedures that was passed by Council on October 11 and that this request doesn't meet any of the exceptions as noted in the Ordinance. Mayor Mondy stated that Council is only asked to provide a commitment for their budget planning for next year. Councilman Porter asked did the organizations go through the correct procedure to apply. Mayor Pro Tem Hogue stated that the reason we have the procedure is that this group came to Council originally and asked for our help. Mayor Pro Tern Hogue also stated that this is the reason he would consider it. Councilman Porter asked for clarification and if this group has completed paperwork for funding. City Manager Roath clarified that this group did come to council for funding in September and Council adopted an Ordinance in October indicating a directive for nonprofit organizations to make application for funding. There is a provision in the current Ordinance that allows for emergency appropriations during the year if it was deemed that there would be irreparable harm to the organization in not having available funds. Mayor Mondy stated that all three organizations are running on a shoe string budget and they are asking for a commitment of funding for next year. Councilman Newsom stated that he could not see making a commitment until Council see every organization that will make a request. Councilman White stated that we have blotted so much money as a whole and now we are being asked to commit money and we don't know how many other groups will be coming to us for funding. Minutes—January 24,2006 Wylie City Council Page 7 Councilman Porter asked if there were any reason that we stated May as the time to accept applications and if we could increase the application period. Councilman Newsom stated that this eliminates the Ordinance that was passed in October, 2005. Councilman Porter stated that we can amend the Ordinance. Councilman Newsom asked what account would this money come from. Finance Director Williamson stated that nothing is appropriated at this time. Mayor Mondy stated that these organizations are asking only for a commitment. Councilwoman Allen stated that when this item was first presented to Council, Council stated that it would commit an amount but were not sure, at that time, of the funding amount. Councilwoman Allen asked when these organizations need the funding and Mayor Mondy stated that they only need a commitment amount. City Manager Roath was asked if we have received any requests from other non-profit organizations for funding. City Manager Roath stated that the passage of this policy has been publicized in the paper and that other groups may be anticipating applying in May and that he would hope that we would put some notice in the paper so that local groups that need Council support would have the opportunity to at least apply. City Manager Roath stated it would behoove us to get the word out that the Council is considering this. Councilman Porter asked if Council had decided on a figure in October 2005, when the item was presented to Council. Councilman Newsom stated that this would be decided during the next budget year. Mayor Mondy stated that other communities are allocating 25 cents, 50 cents or$1.00 per capita using COG figures. Councilman Newsom stated that these organizations should apply in May along with other non- profit organizations. Attorney Fort stated that a pledge can be made and is not contractual binding and can be made subject to funding in the budget. Councilman Porter stated that he would like to help these organizations by providing a pledge of .50 cents per capita and that these organizations are currently providing services to the residents of the City of Wylie. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Hogue approving a pledge to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment to be fifty(.50) cents per capita based on COG (North Central Texas Council Of Governments). A vote was taken and passed 5-2. Mayor Mondy,Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Porter and Councilman Young voting for and Councilman Newsom and Councilman White voting against. 6. Consider and act upon approval of Ordinance No. 2006-06 approving a budget amendment, in the amount of $145,104.00, for the additional installation of 662 meters, the incremental cost of 270 1"meters,and miscellaneous items to include risers and gaskets. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed council and stated that the number of meters installed were more than the count of actual meters due to meters that were not active and some residents had two meters. Councilman Porter asked if it was still cheaper to put in one inch meters rather than a 3/4 inch adapter. Finance Director Williamson stated that to put risers on the %inch meters was about a wash but that residents with a 1 inch meter to change out to a 3/4 inch meter,would have lost a lot of pressure and we did not want to change service to them because the residents had originally paid for a one inch meter. Councilman Young asked if the amount specified would come out of the General Fund or the Utilities Fund. Finance Director Williamson stated that the amount would come out of the Utilities Fund. Mayor Pro Tern Hogue asked if this was the final cost and Finance Director Williamson stated that it was. Councilman Porter asked if we had a few back up meters and do we anticipate any bad meters. Finance Director Williamson stated that we have about 200 meters in our warehouse and that the meters are warranted for 10 years at 100%. Councilman Porter asked if the meters are keeping better records and is the City actually making a little bit more than what it use to. Mayor Mondy stated that the meters are measuring more accurately and the residents are paying for what they are consuming. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-06 approving a budget amendment, in the amount of$145,104.00, for the additional installation of 662 meters,the incremental cost of 270 1"meters,and miscellaneous items to include risers and gaskets. A vote was taken and passed 7-0. Minutes—January 24,2006 Wylie City Council Page 8 7. Consider and act upon Resolution No. 2006-03 approving the establishment of a Senior Accountant position effective January 30, 2006 and the abolishment of the Assistant Finance Director position as of February 24,2006. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson, stated that the Assistant Finance Director will be leaving February 24, 2006 and the Finance Department has been reorganized to put more emphasis on the Accounting Department and bring in more accountants. Thus being,the Assistant Finance position is be eliminated and a Sr.Accountant to be hired;and in the future the savings of funds will allow the hiring or upgrading of a position to another accountant position. Finance Director Williamson stated that has no effect on the City's budget by doing this. City Manager Roath stated that he supports this recommendation. The City Mamager noted that the published effective date is January 30, 2006 and the Resolution as presented to Council states February 6,2006 and that the January 30,2006 date was not noted accurately stated in the Resolution. City Attorney Fort stated that what is noted in the agenda is the action that Council is approving and that Council has the option of making changes. Councilman Newsom stated that the motion could be accurately reflected in the Resolution. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Resolution No. 2006-03(R) approving the establishment of a Senior Accountant position effective January 30, 2006 and the abolishment of the Assistant Finance Director position as of February 24, 2006. A vote was taken and passed 7- 0. 8. Consider and act upon Ordinance No. 2006-07 amending Ordinance No. 2003-11 (Establishing the Wylie Animal Shelter Advisory Board) increasing the number of members to the Wylie Animal Shelter Advisory Board, accepting the resignation of Katie Munson and the appointment of Animal Control Supervisor Ken Qualls to the City of Wylie Animal Shelter Advisory Board. (J. Butters, Chief of Police) Staff Comments Lt. Mike Atkison addressed Council stating that Ordinance No. 2003-11 established the Wylie Animal Shelter Advisory Board and its members. Katie Munson has tendered her resignation and staff recommends the appointment of Ken Qualls to the Wylie Animal Shelter Advisory Board and that the members of the board be increased to five(5)and that the Council appoint a fifth member to the Advisory Board. Councilman Young asked if a fifth member was necessary and Councilman Newsom stated that it would benefit the Wylie Animal Shelter Advisory Board if the members were increased and a fifth person was appointed. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to Ordinance No. 2006-07 amending Ordinance No. 2003-11 (Establishing the Wylie Animal Shelter Advisory Board) increasing the number of members to the Wylie Animal Shelter Advisory Board, accepting the resignation of Katie Munson and the appointment of Heather Screws and Ken Qualls,Animal Control Supervisor as new members to the City of Wylie Animal Shelter Advisory Board. A vote was taken and passed 7-0. 9. Consider and act upon a nominee to the Municipal Solid Waste Management and Resource Recovery Advisory Council for a term to expire August 31,2007. (C.Ehrlich, City Secretary) Staff Comments City Manager Roath addressed Council stating that the TECQ is soliciting cities to determine if public officials would like to be nominated for this Advisory Council for that period of time as noted and that if appointment, attendance will be required at a meeting every three months of one to two day. Mayor Mondy addressed Council asking for nominations Minutes—January 24,2006 Wylie City Council Page 9 from the floor. Councilman Young asked if a motion is needed for the nomination from the Council. City Manager Roath stated that it would be appropriate for Council to approve a nomination. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to nominate Mayor Mondy to the Municipal Solid Waste Management and Resource Recovery Advisory Council for a term to expire August 31, 2007. A vote was taken and passed 7-0. Mayor Mondy announced that there was a News Conference at the University of Texas, Dallas and DART has put together a steering committee converting the Cotton Belt into a DART line. Mayor Mondy stated that he is serving on the steering committee and will provide more information on the development of DART and the conversion of the Cotton Belt. READING OF ORDINANCES TITLE,& CAPTION APPROVED BY COUNCIL AS REQUIRE.p BY WYLIE CITY CHARTER,ARTICLE III SECTION"13-D," k� % 'f r : 4 Administrative Assistant to the City Secretary Gayle Walton read the caption to Ordinances No. 2005-58, 2006- 04 ,2006-05, 2006-06 and 2006-07 into the official record. Mayor Mondy called for a 10 minute recess at 7:55 p.m. WORK SESSION —_ • Discussion of the City's Water System Analysis and 10 year Capital Improvements Plan. (C. Hoisted, City Engineer) Mayor Mondy called the Work Session to order at 8:05 p.m. Councilmembers present were: Councilman Young, Councilman Porter, Councilman White, and Councilman Newsom. Mayor Pro Tem Hogue and Councilwoman Allen were absent. City Engineer introduced Mr. Joe Carter of Birkhoff, Hendricks and Conway L.L.P. to present to council the City's Water System Analysis and 10 year Capital Improvements Plan. ADJOURNMENT' With no further business before Council,consensus of Council was to adjourn at 8:48 p.m. Jo n Mondy,Mayor Prepared by Administrative Assistant Gayle Wpit1'°I-I s!iiii, ,.� ATTEST: Cyr' , C`' SEAL .../K Carole Ehrlich,Ci ecretary '�, . v Simiag t ?wail