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06-11-1996 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex June 11 , 1996 7:00 p.m. CALL TO ORDER INVOCATION - Rev. John Thornton, Wylie United Methodist Church PLEDGE OF ALLEGIANCE ACTION ITEMS 1 . Discuss and Consider Approval of Minutes from May 10 and 14, 1996 2. Discuss and Consider Amending an Administrative Services Agreement with the Development Corporation of Wylie, Inc. (DCW) 3. Discuss and Consider Terminating the Lease Agreement Between David Andrews, Stephen Packer and the City of Wylie Regarding the Batting Cages at Community Park 4. Discuss and Consider Approval of an Ordinance to Establish a Municipal Security Fund 5. Discuss and Consider Authorization of Advertising for Bids for the Privatization of Meter Reading Services 6. Hold a Public Hearing and Consider Approval of an Ordinance for a Zone Change Request by Western Auto from "R", Retail to "B-2", Business-2 for property located at 709 Hwy 78 North and further described as Lot 4, Block 2, Oaks Retail Addition. 7. Hold a Public Hearing and Consider Approval of an Ordinance for a Zone Change Request by Dennis Bell from "R", Retail to "B-2", Business-2 for property located at 707 Hwy 78 North and further described as Lots 3B, 3C and 3D, Block 2, Oaks Retail Addition. 8. Hold a Public Hearing and Consider Approval of an Ordinance for a Zone Change Request by Greens Auto Parts from "R", Retail to "B-2", Business-2 for property located at 703 Hwy 78 North and further described as Lots 2A, Block 2, Oaks Retail Addition. 9. Discuss and Consider Approval of an Ordinance Amending the Industrial Pretreatment Ordinance (Ord. 92-6) to Set Specific Daily Limits on the Concentration of Certain Effluent Discharges 10. Discuss and Consider Approval of a Consent Order, Between Texas By-Products and the City of Wylie In Order to Bring Texas By-Products Into Compliance with Ordinance 92-6, Industrial Pretreatment Ordinance, as Amended STAFF REPORTS CITIZEN PARTICIPATION WORK SESSION 10. Discuss Future Agenda Items: Residential Sprinkler Ordinance Budget Workshop Calendar Capital Projects Update - Library, Community Center Discuss Service Center Interior Finish-Out EXECUTIVE SESSION 11 . Hold Executive Session Under Section 551 .075 Conference With Employees To Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District ADJOURNMENT Posted on this the 7th day of June, at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 Wylie City Council # 1 Agenda Communication for June 11 , 1996 Minutes for May 10 and 14, 1996I Wylie City Council #2 Agenda Communication for June 11 , 1996 Amending Administrative Services Agreement with Development Corp. of Wylie Issue Discuss and consider amending an Administrative Services Agreement with the Development Corporation of Wylie, Inc. (DCW). Background During the February 27, 1996 Wylie City Council Meeting, an Administrative Services Agreement between the City Council and the Development Corporation of Wylie, Inc. was approved as a means to provide an improved benefits package to the newly hired Executive Director of Economic Development. Since that time the Development Corporation has identified the need for part- time clerical support to assist in performing the functions as set forth in their Bylaws. In order for the Development Corporation to have access to the City's automated payroll system and workers compensation rates for a part-time position, the existing Administrative Services Agreement must be amended. As with the original Agreement and as supported by the Bylaws and enabling legislation, this newly authorized position along with all future positions shall serve at the pleasure of the Development Corporation. The Agreement establishes all positions within the Development Corporation as employees of the City who report to and are under the authority of the Development Corporation. The Agreement also established that all personnel costs associated with the positions will be charged to the Development Corporation. Financial Considerations The adoption of this amended Agreement creates no direct cost to the City. All costs will be reimbursed by the Development Corporation. Legal Considerations The enabling legislation established the authority of the Development Corporation to contract for services. Board/Commission Recommendation The Development Corporation approved a part-time position during their May 21 meeting and authorized the Executive Director to use any means necessary to implement this decision. Staff Recommendation Staff recommends approval of the amended Administrative Agreement. Attachment Administrative Services Agreement 4, lt 't , �cP, m fie11114 Cat. Prepared By Reviewed Finance City Manager Approval City of Wylie Development Corporation of Wylie, Inc. Administrative Services Agreement - Employment This agreement, effective ,19_ is by and between the City of Wylie (City), a municipality situated in Collin County, Texas acting through its Mayor, and the Development Corporation of Wylie, Inc. (DCW), acting by and through its President and in accordance with the Development Corporation Act of 1979, as amended. The Bylaws of the DCW in Section IV, 4.01 Board of Directors, state: The Board may plan and direct its work through a Director of Economic Development, who will be charged with the responsibility of carrying out the Corporation's program as adopted and planned by the Board. The Board may contract with another entity for the services of a director. [Emphasis added] The Bylaws of the DCW in Section V, 5.01 Other Employees, state: The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. To that end, the following are conditions of the Agreement: 1. The Executive Director of Economic Development is-an and all other full and part-time positions created by the DCW are employee employees of the City with all benefits and subject to all personnel rules and regulations. 2. The position of the Executive Director of Economic Development shall directly report to and be under the sole authority of the DCW and will perform the functions as set forth in their Bylaws. 3. Full and part-time positions created by the DCW Board of Directors shall directly report to and be under the sole authority of the DCW and will perform duties as determined by the DCW Board of Directors and Executive Director. 3:4. This individual is These individuals are contracted to the DCW by the City. All personnel costs associated with the position positions are charged to the DCW by the City as a receivable account. Wylie City Council #3 Agenda Communication for June 11 1996 Terminating Lease Agreement - Batting Cages at Community Park Issue The purpose of this item is to discuss and consider action regarding the termination of the Lease Agreement for the batting cages in Community Park. Background At the October 23, 1995 Parks and Recreation Advisory Board meeting, Mr. Stephen Packer, owner of the batting cages in Community Park, reported to the Board that he intended to sell the equipment so that another individual may operate the cages. Mr. Packer recognized that the ultimate owner of the equipment needed to be able to spend the time necessary to keep the cages open when they are needed. At that time, Mr. Packer indicated that the asking price would be approximately $30,000. Mr. David Andrews, with whom the City has the Lease Agreement, is no longer involved in the operation of the cages. There was concern that the cages were not open consistently and were not being operated in a manner which benefited the citizens. The Board chose to allow Mr. Packer the opportunity to find a buyer so that the batting cages might ultimately be operated in the manner intended through the lease. At the May 1996 Park Board meeting, the Board voted unanimously to recommend that the City begin the process to terminate the Lease Agreement, citing that the batting cages have not been open to the public in several months and the fact that the equipment is falling into disrepair. The Lease sets out requirements for the tenant in terms of rental payments, hours of operation, liability and insurance, and so forth. Upon termination of the lease, "all improvements shall be removed from the premises and the same restored to its original conditions within 90 days at the Tenant's expense. Provided, however, that the City, at its option shall have the right to purchase said improvements for fair market value...". The improvements include the equipment as well as the foundation. The Park Board discussed the possibility of the City purchasing the equipment; however, due to concerns regarding the condition of the equipment and the difficulties of operating the Batting Cages in an efficient manner, elected not to recommend that option. In addition, the general consensus of the Board was that other park and recreation projects have a higher priority in terms of funding. Financial Considerations If the City wishes to consider purchasing the equipment, the fair market value must be determined by three "disinterested" appraisals, in accordance with the Lease Agreement. Currently, there is no funding designated for such a purchase. Considerations The Termination Clause of the Lease reads as follows: (a) Prior to December 31 , 1994 this lease may be terminated only for good cause; thereafter the same may be terminated by either party, without penalty of cause, upon and after the party requesting the termination giving the other party 90 days written notice of termination. Board/Commission Recommendation The Park Board recommends the initiation of the termination process. Staff Recommendation N/A Attachment Lease Agreement f n tiN,ried -In4-l•w l ' Prepar d by Reviewed b Finance City Manager Approval LEASE AGREEMENT AGREEMENT, made and entered into this gday of April, 1993, by and between the City of Wylie, Texas, herein referred to as "City or Lessor" and David L. Andrews, herein referred to as "Andrews or Tenant". WITNESSETH: WHEREAS, City, as part of its municipal function and park system, maintains an area known as Community Park (Park), on Thomas Drive, in the City of Wylie, which contains various baseball/softball fields, soccer fields, play grounds, and other recreational facilities open to the public; and, WHEREAS, Andrews intends to construct and operate a commercial batting ca;ge facility (Facility) in the City of Wylie and desires to locate the same within the Park because of the proximity to said ball fields and other recreational facilities; and, WHEREAS, the City Council has determined that it would be to the advantage of the City and its citizens to lease a portion of the Park to Andrews for the limited purpose of construction, maintenance and operation of the Facility; NOW, THEREFORE in consideration of the above stated premises and the promises and conditions hereinafter set forth the parties do hereby as follows: 1. DEMISE AND USE OF PREMISES. The City hereby leases to Andrews the tract of real estate located in the Park, in the City of Wylie, Texas, more specifically described on Exhibit A which attached hereto and incorporated herein by reference, for the sole and exclusive purpose of construction, operation and maintenance of a batting cage facility. 2. TERM. The term of this lease shall commence on the execution hereof and remain in continuous effect thereafter, unless sooner terminated as herein provided, to the 31st day of December, 1997. 3. SUITABILITY OF PROPERTY. Parties acknowledge that there are currently no improvements of any kind on the leased property and Andrews shall bear all responsibility, risk and cost of construction and maintenance of all improvements deemed necessary and City makes no representations as to the suitability or condition of the property for its intendod use. 4. CONSTRUCTION OF IMPROVEMENTS. The construction of the improvements on the property shall be done in accordance with and subject to the following terms and conditions: 1 a) The plans for the improvements shall be approved by the City's Director of Parks and Recreation (Director), prior to commencement of actual construction. b) All construction shall be in full compliance with all City codes and regulations pertaining to construction and improvements, including without limitation, permitting and approval from the Building Inspector. c) During construction Andrews shall be take such precautions as may be reasonably necessary to insure the construction area creates no danger to users of the Park. d) The construction shall be commenced as soon as possible and diligently pursued to completion within 90 days from the date hereof. e) All construction shall be performed in a good and workmanlike manner. f) The Facility must be equipped with sufficient lighting for safe night-time operation. Lighting must be directed so as not to be a nuisance to surrounding residences. 5. RENTAL PAYMENTS. (a) Andrews promises and agrees to pay to City, as rental for the premises, a percentage of the gross receipts derived from the facility each calendar month, which shall be paid to City on or before the 15th day of the month following the month in which the receipts are generated, payable at the Wylie Municipal Complex, 2000 N Hwy 78, Box 428, Wylie Texas 75098. The percentage shall be determined and paid in accordance with the following: i) For the first $32,000 received in a calendar year 12% ii) For the next $13,000 in a given calendar year 18% iii) For amounts over $45,000 in a given calendar year 30% For the purposes of this lease the term gross receipts means the monies received and generated by and from the use and operation of the facility, without any offset or reduction whatsoever. b) Andrews shall submit to City, at the time of each monthly rental payment, a written statement of the gross receipts for the month for which the rent is being paid, which shall be certified as true, accurate and complete by David Andrews personally. c) Andrews shall keep and maintain accurate books and records in accordance with accepted accounting practices on all gross receipts under this Lease and retain such books and records for a period of not less than three years after the close of the calendar year to which they pertain. Such records shall be available for inspection, within forty-eight hours from request of City and copies or audits thereof may be made at the expense of City. 6. OPERATION OF FACILITY. a) Andrews shall not use, or permit the use of, the facility for anything other than the above stated purpose, provided however, such purpose ea include the right to engage in retail sales of items related to the stated purpose (e.g. basest, softballs, caps, batting gloves etc.) but shall not include the sale of any food, snack or hint items. 2 b) Andrews shall provide the necessary management and labor, and continuously maintain the premises, including all operating equipment, grounds, custodial services and any and all other related services necessary to maintain the premises in good, safe, and sanitary condition and repair during the term of this contract. Conditions creating safety ha7Jard shall be immediatley secured by barricades and/or other safety devices and repaired within 48 hours. All maintenance shall be at the sole expense of Andrews and will be subject to inspection by the City to insure a continuing quality of maintenance and appearance commensurate with that of Park and the health and safety standards established by City. In the event that said premises shall not be so kept, City may enter said premises and remedy said condition and in such event Andrews shall repay City for all reasonable costs incurred in achieving such remedy. c) Andrews shall provide suitable and necessary personnel for the proper operation of the facility and shall maintain the following minimum hours of operation during the period of March 1 through October 31: Monday through Friday 5:00 p.m. to 8:00 p.m. Saturday 10:00 a.m. to 6:00 p.m. Sunday 1:00 p.m. to 6:00 p.m. The hours of operation may be changed commensurate with seasonal demand with the prior approval of the Director. The current hours of operation shall be posted in a location on the premises which is clearly accessible and visible to the general public. Provided however, the facility need not be operated in the event weather or rain makes operation impractical or inclement weather has made operation unsound or caused damage to the facility. d) Not less than five pitching machines shall be operational and available for use during the hours of operation, except for temporary circumstances, not to exceed 72 hours, when a machine is being repaired. e) The prices of all goods and service offered by Andrews shall be subject to the approval of the Director. The following initial rates are hereby set and approved: i) $.50 per ten pitches (all batting cages) ii) $12.00 for one-half hour and $22.00 for an hour for group usage all such rates to be posted at a conspicuous and accessible place on the premises. 7. LIABILITY AND INSURANCE_ a) Andrews agrees to fully indemnify and hold City harmless against all claims, losses, expenses, liens or costs, specifically including without limitation damages for personal injury, death, property damages and att°mcy's fees, lint be made against City by reason of the development, operation, use, occupancy or comifif+ F the facility. Said duty shall apply regardless of whether such claim may be coveted, y covered, or not covered by the liability insurance as herein required. The duty to indetnary shall apply in all insures including negligence or willful act. or Andrews either solely or in 3 conjunction with others, including City, but not when the claim is based upon the sole negligence or willful act of City. b) In partial fulfillment, but not in liquidation of, the requirement of the preceding paragraph Andrews shall maintain and bear cost of continuous liability coverage under a comprehensive general liability insurance policy, which shall insure against bodily injury (including death), and property damage. Such coverage shall meet the following minimum requirements: i) be with a company or companies qualified to do business and write insurance in the State of Texas; and ii) name the City as an additional insured; and iii) provide for coverage of $1,000,000.00 for bodily injury, including death and $50,000.00 property damages, per occurrence; and iv) bear an endorsement providing at least 10 days written notice be given to City prior to cancellation; and 8. IMPROVEMENTS AND PERSONAL PROPERTY. All of the improvements made remain the property of Lessee during the term of this Lease and the risk of loss for such improvements, as well as any other personal property on the premises. Upon termination of the Lease all improvements shall be removed from the premises and the same restored to its original condition, within 90 days at Tenant's expense. Provided however, that City shall, at its option shall have the right to purchase said improvements for fair market value as determined by three disinterested appraisers (one appointed by City, one appointed by Andrews, and the third appointed by the first two). 9. UTILITIES. The cost of bringing all necessary utility services to the premises shall be borne by Andrews and all such utilities shall be provided through underground access. Andrews shall also timely pay and be responsible for all utility service provided to the facility during the term of the lease. 10_ PROHIBITION AGAINST LIENS. Andrews shall not cause or allow any liens to attach to the premises, or the facility as a result of any of his actions; provided however any secured loan on the personal property and equipment shall not be considered a lien in violation of this section. 11. TERMINATION. (a) Prior to December 31, 1994 this lease may be terminated only for good cause; thereafter the same may be terminated by either party, without penalty or cause, upon and after the party requesting the termination giving the other party 90 days written notice of termination_ (b) For the purpose of this lease "good came" shall be deemed to be any of tee following, separately, or in any combination, which shall not be remedied within 30 days of the CSty's giving written notice of the existence of the same: 4 i) Failure to maintain insurance coverage as herein required; ii) Failure to pay any and all taxes that may be due as a result of the use or operation of the premises and facility; iii) Failure to maintain or operate the premises and facility as herein required; iv) Failure to timely pay all rental hereunder due; v) Failure to remain open for the hours herein established; vi) Failure to cure any lien which has attached to the premises or facility; 12. RENEWAL. Andrews shall have the right to renew this Lease for an additional five year term following the initial five year term. Which said option shall be exercised if at all by Andrews giving written notice of intent to exercise prior to November 1, 1997. Provided however, that such right to renewal shall not be available if at anytime within the preceding twelve months Andrews has been given a notice from City for any of the failures listed in paragraph 9(b). 13. ASSIGNMENT. Andrews shall not sell, transfer, or otherwise assign this lease, nor his interest herein, nor sublet the premises, or any part thereof, without the prior written consent of Lessor. Parties acknowledge that Andrews may be forming a business entity for conducting operation of the facilities and in the event such entity is formed and such entity is wholly owned and controlled by David Andrews, this Lease may be assigned, on a one time basis, to such entity with City's written consent_ Such assignment shall in no way relieve the personal liability of David Andrews for each and every duty herein imposed. 14. RELATIONSHIP BETWEEN PARTIES. Nothing herein contained shall be deem or construed by the parties hereto, or by any third party, to create the relationship of principal and agent or of partnership or of joint venture or of any other association between the parties. It being the expressed understanding and agreement of the parties hereto that no provision herein contained nor any act or acts of the parties shall be deemed to create any relationship between the parties other than the relationship of Lessor and Lessee as those terms are understood herein_ 14. WAIVER. City or Andrews shall have the right to waive any requirement contained in this lease which is intended for the benefit of the waiving party, provided that such waiver shall be effective only if reduced to writing and delivered by the waiving party to the other. 15. AMENDMENTS. No changes to the terms of this agreement shall be binding upon either party unless such change is reduced to writing and executed by both parties with the same formality as this original agreement_ 16. COMPLETE AGREEMENT. This document contains the entire agreement between the parties with respect to the premises and the facility and provisions not herein contained., sr provided for, are not part of this agreement, Neither party has made any agreements, covenant., warranties or representation of any kind or character, express or implied, oral or wry, w>llit respect to any of the areas covered by this lease, specifically including without limitation, 5 warranties of habitability, merchantability, suitability for intended use, workmanship, income to be derived from the facility, expenses to be incurred in connection with the premises and facility or with respect to any other conditions, facts or requirements relation or pertaining to the Premises and facility. 17. BINDING EFFECT. This agreement and all of the terms and provisions hereof chat! be binding upon and enure to the benefit of the respective parties hereto their heirs, successors, and assigns. 18_ SEVERABILITY. If any term or provision of this Lease is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this I ease shall not be effected thereby. 19. GOVERNING LAW_ This agreement and all the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any proceeding concerning this lease shall be in Collin County, Texas. 20. MISCELLANEOUS. (a)The paragraph headings herein contained are for convenience purposes only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. (b) As used herein, words of any gender shall be held and construed to include any other gender, and the words in the singular shall be held and construed to include the plural unless the context otherwise requires. (c) This agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. (d) No person, firm, corporation, or group shall be denied use of the premises because of race, sex, color, religion, national origin or being physically handicapped and impartiality shall be observed in providing access to and use of the facility. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. LESSOR LESSFF CITY OF WYLIE, TEXAS BY By049, Steven P. Norw David L. Andrews City Maw 6 WYLIE BATTING CAGES WYLIE , TEXAS : tldl. •FUTURE UUIT ,�,' / (SOFTBALL) ,' ► ' PAVItijoN 1.. T FUTURE EAT TING CAGES " - UNITS BASE GALL SOFT BALL S�, PLAYGROUND PROBABLE (BASEBAi1) i 1 i L . ' FUTURE PARKIM6 i 0 p D 0 Q AREA 1 t 1 L........k_.._ ... i -1...- . • a y � „O O 0 • 0 • I I / O • � i ' L. 0 0 0 Ai 1 / . O 1 I_ 1.1 O 1 1 ' I[ft '1. 0 Zr\Oe 111 ir PAID( I.. , Amendment No. l Dated February 28, 1995 This document is issued to amend the Agreement dated April 9,1993 between David L. Andrews and the City of Wylie for the installation and operation of a Batting Cage Facility at the at the City's Community Park on Thomas Drive. Change No. 1 Change the definition of Tenant to read "David L. Andrews and Stephen R. Packer,joint owners and operators of the Facility". Change No. 2 Delete the rate schedule on page 3, item 6.e and replace with the following: "All rates are subject to adjustment by Tenant and at their sole discretion to provide flexibility for competition and promotions as necessary to ensure a profitable operation. The City shall be notified of any change in the rates in writing by the Tenant at least fourteen days prior to the effective date of the new rates." Change No. 3 Add the following: "The City shall provide Tenant sufficient notice of any special events scheduled at the Park , ie., weekend or night tournaments, to allow Tenant to schedule hours of operation and personnel to coincide with the event." Change No. 4 Change the wording in the last line of item 6 pg. 2 beginning with " but...items", to read "but may include the sale of food, snack or drink items with written permission from the Concession management at the Park. Agreed to this day !Ct of j,,,,,,.Q, 1995. City. Ten , ) /2',' ,,,, (,/,./ Y_ 4 , ,t____,_. ,,__.... _., Wylie City Council [...ii.1# 4 Agenda Communication for June 11 1996 Ordinance Establishing 'a Municipal Security Fund Issue Discuss and Consider an ordinance establishing a "Municipal Court Building Security Fund" providing for the assessment and collection of a municipal court security fee. Background In May of 1995, the Texas Legislature passed Senate Bill 349 amending Article 102.017 of the Texas Code of Criminal Procedure to provide for the establishment of a Municipal Court Building Security Fee. Collecting this fee is optional. Revenues must be dedicated for security services for buildings housing a municipal court. These security services could include such items as (1 ) purchase or repair of x-ray machines (2) handheld metal detectors; (3) walkthrough metal detectors; (4) ID cards and systems; (5) electronic locking and surveillance equipment; (6) bailiffs; (7) signage; (8) confiscated weapon inventory and tracking systems; and (9) locks, chains or other security hardware. The bill requires a defendant convicted "in a trial" for a misdemeanor offense in a municipal court pay a $3 security fee as a cost of the court. The fee is collected by the clerk of the court and remitted to the finance department for deposit into the "Municipal Court Security Fund." The security fee was discussed recently at the Municipal Court Training Seminar by Margaret Robbins, Director of the Municipal Court Training Center. According to Ms. Robbins, the statute does not clearly define "in a trial"; therefore, the Presiding Judge of each Municipal Court makes that determination. Ms. Robbins further stated some judges have opted to impose the security fee on pre- trial and trial convictions only; others have taken the more aggressive stance and impose the security fee on all convictions, including window convictions. A window conviction occurs when a defendant elects to come into the court office, plead guilty or no-contest and pay the established fine, waiving the right to appear before the judge. The cities of Garland, Coppel and Flower Mound all impose the security fee on all convictions, including window convictions. Suzanne Marsh, Presiding Judge of the Wylie Municipal Court, has advised that her preference is to charge the security fee on all convictions, including window convictions. A judicial order to the court to that effect will be issued subsequent to council approval of the proposed ordinance. In 1995, Wylie Municipal Court had 2,043 convictions. Legal Consideration The ordinance presented here for consideration has been prepared by the City Attorney's office and has as it's legal basis, Senate Bill 349. Financial Consideration Adoption of this ordinance will not place any financial burden or obligation on the city. Each $3 fee is retained by the City; no part of it is a "State" fee. As an example, had the fees been in place during Calendar Year 1995, court activity would have generated $6,129. Board/Commission Recommendation None Staff Recommendation Staff is in agreement with Judge Marsh and the City Attorney's office for the adoption of this ordinance. Attachments Breakdown of convictions by category for calendar year 1995. Ordinance as prepared by Kay Woods, City Attorney 7 7 & . 7Y)IR- CglatAt4 Prep red By Reviewed b Finance City Manager Approval Wylie Municipal Court Activity Report - Calendar Year 1995 Traffic Misdemeanors Non-Traffic Misdemeanors Non-Pkg Parking State Law City Ord. Totals Total Cases Filed 2,298 929 0 0 3,227 Dispositions Prior to Trial a. Deposit Forfeited 0 0 0 0 0 b. Fined 853 0 245 0 1,098 •c. Cases Dismissed 249 0 117 0 366 Dispositions at Trial a.Trial by Judge (1) Guilty 52 0 68 0 120 (2) Not Guilty 3 0 16 L 0 19 b.Trial by Jury (1) Guilty 1 0 0 0 1 (2) Not Guilty 0 0 4 0 4 c. Dismissed at trial 1 0 0 0 1 Cases Dismissed a.After Driver's Safety Course 254 0 0 254 b.After Deferred Disposition 488 82 0 570 c.After Proof of Insurance 2931 0 0 0 293 Total Cases Disposed 2,240 'Total Convictions _ 2,043 2,043 conviction @$3.00= $6,129 Note: Driver's Safety Course and Deferred Disposition Cases noted above are considered convictions. CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ESTABLISHING A "MUNICIPAL COURT BUILDING SECURITY FUND" FOR THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT BUILDING SECURITY FEE; PROVIDING FOR SAVING, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the 74th Legislature of the State of Texas, meeting in Regular Session, passed Senate Bill 349, which inter alia, amended Article 102.017 of the Texas Code of Criminal Procedure to provide for (i) the establishment of a Municipal Court Building Security Fund and (ii) the assessment and collection of a Municipal Court Building Security Fee; WHEREAS, Governor George W. Bush approved Senate Bill 349 after its passage, and Senate Bill 349 took effect on or about September 1, 1995; and WHEREAS, all legal notices have been given in the manner and form set forth by law, and a public hearing has been held on the proposed security fund and all other requirements have been fulfilled; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to grant the establishment of the Municipal Court Building Security Fund and imposition of a Municipal Court Building Security Fee, and that such grant will not be detrimental to the public welfare, safety or health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: MUNICIPAL COURT BUILDING SECURITY FUND/FEE-Page 1 0 l/16/96/2:16pa I:\mbox8\wyl ic'mu nicip.c 0securfee.ord SECTION 1: Municipal Court Building Security Fund. A. There is hereby created and established a Municipal Court Building Security Fund (the "Fund") pursuant to Article 102.017 of the Texas Code of Criminal Procedure. B. The Municipal Court of the City of Wylie, Texas (the "Municipal Court") is hereby authorized to assess a Municipal Court Building Security Fee (the "Fee") in the amount of$3.00 against all defendants convicted in a trial of a misdemeanor offense by the Municipal Court. Each •misdemeanor conviction shall be subject to a separate assessment of the Fee. C. The Municipal Court Clerk is hereby authorized and required to collect the Fee and to pay same to the treasury of Wylie. All fees so collected and paid over to the treasury of Wylie shall be segregated in the Fund. D. The Fund shall be used only for the purpose of financing the purchase of security devices and/or services for the building or buildings housing the Municipal Court of Wylie. "Security devices and/or services" shall include any and all items described in Article 102.017(d) of the Code of Criminal Procedure. E. The Fund shall be administered by or under the direction of the City Council or its designated representative. SECTION 2: Severability Provision. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid (for any reason unenforceable), the validity of the remaining portions of this ordinance or the application to such other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance, that no MUNICIPAL COURT BUILDING SECURITY FUND/FEE-Page 2 01/16/96/2:16pm!I:'mbox3`myl ie`municip.etvsecurfee.ord portion thereof or provision contained herein shall become inoperative or fail by any reason or unconstitutionality or invalidity of any other portion or provision. SECTION 3: Savings/Repealing Provisions. All ordinances in conflict herewith are repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Effective Date. • This Ordinance shall become effective from and after its adoption and publication as required by Wylie's City Charter and by law. • DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1996. APPROVED: JIM SWARTZ, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: SUSAN SHULER D. KAY WOODS City Secretary City Attorney DATE OF PUBLICATION: ,Wylie News MUNICIPAL COURT BUILDING SECURITY FUND/FEE-Page 3 01/16/96/2:15pm`.1:\mbox8hwyliemunicip.ct`securfee.ord Wylie City Council Li Agenda Communication for June 11 , 1996 Proposal for the Privatization of Meter Reading Services Issue Discuss and consider solicitation of proposals for the privatization of meter reading services. Background The burgeoning number of utility customers in recent years, along with personnel issues and other problems inherent in the operation of a meter reading program, have impelled staff to reevaluate and address the logistics of reading the City's water meters. The Utility Billing Department is currently responsible for reading 3,580 meters, a number which has increased by 981 new accounts in the past three years. This increase includes 538 new customers who were added when the City resumed responsibility for the Southfork Mobile Home Park reading cycle in January of this year. The most recent residential growth figures indicate an average of 150 new water customers being added annually. At present, the City employs one part-time meter reader (a position now filled by a Manpower temporary) and a full-time Meter Service Technician. The primary function of the Meter Technician is the maintenance and replacement of meters to ensure accuracy and reduce water/revenue loss, however, this employee currently spends about twenty per cent of his work day reading meters. In the past, employee turnover (part-time readers last an average of 6 months) and absenteeism have created disruptions in reading and billing cycles and necessitated deployment of Public Works personnel or clerical workers to read meters. Even routine vacation scheduling presents a dilemma. Inaccuracy is also a characteristic of the present system and numerous man-hours are spent in resolving misreads. To address these concerns, the Utility Billing Department has proposed hiring a full-time meter reader in lieu of the part-time employee. Although there appears to be ample justification for the full-time meter reading position, staff now feels that an even stronger argument can be made in favor of the privatization of meter reading services. The outsourcing of meter reading by municipalities is a relatively new phenomenon which has proved successful for other entities and promises definite advantages for the City of Wylie. There are currently two private sector contractors known to be providing meter reading services to Texas cities and both have been contacted to explore the possible benefits of such a contract. The typical scenario is for the contractor to assume responsibility for all meter reading functions by providing experienced uniformed meter readers equipped with marked service trucks and all materials necessary to perform the work as dictated by the City's reading/billing cycles. The compensation for this contractual service is calculated at a flat rate for each meter read. A limited survey of area rates indicates an average monthly fee of about $.50 per meter, depending on the volume of work as well as the density and contiguity of residential neighborhoods. The benefits to be derived from this contractual arrangement are as follows. Guaranteed Accuracy. The contractors guarantee no skips and an error rate not to exceed two errors per one thousand reads. The contract includes monetary penalties for any deviation from this standard. Our Utility Billing Department can not possibly guarantee that level of accuracy employing our own meter readers. The City benefits from improved customer relations, reduced revenue loss and elimination of man-hours spent resolving misreads. Consistent, Uninterrupted Service. By eliminating the personnel issues of turnover and absenteeism, the contract assures uninterrupted meter reading service and consistent reading/billing cycles with no adverse impact on other City functions. Contractors' Technical Support. The City's utility billing software program is designed to allow automated downloading of recorded meter data from the hand-held electronic meter reading devices to the Utility Billing computer system. Utility Billing has experienced difficulties with the downloading feature over the past several months, necessitating the manual entry of meter data. The meter reading contractors are capable of downloading the hand-held data to our system or electronically transferring the data from their offices. This technical support will preserve the integrity of the readings, thereby assuring accuracy, and will eliminate additional man-hours spent in manual data entry. Utilization of Meter Services Technician. Relieving the Meter Services Tech from meter reading duties will enhance the employee's productivity in a number of ways. Not only can more emphasis be placed on the meter replacement program, it may be possible to implement a program for in-house meter testing and rebuilding. This worker's assistance would also be invaluable in other areas, such as facilities maintenance. It has also been proposed that we train and utilize this person as back up support for the Animal Control Officer. Financial Considerations Based on the current number of water meters in use and the fees typically charged for contractual meter reading services, the projected annual cost of privatization would be approximately $22,000.00. Total personnel costs for a full-time meter reader are estimated at $23,500.00. Fuel usage and vehicle maintenance represent an additional expense of roughly $700.00. Even the elimination of the part-time meter reading position would save the City about $8,500.00 in personnel costs, plus the aforementioned vehicle expense. Adequate funds are available to cover the cost of meter reading services (whether contracted or not) for the remainder of fiscal '96. Legal Considerations Chapter 252.021 of the Local Government Code requires that any procurement (with certain exemptions) in excess of $15,000.00 must be accomplished through the competitive sealed bidding process. Due to the projected cost of contractual meter reading services, the formalities of the bid process must be observed, including publication of a public notice of bid solicitation. Board/Commission Recommendation N/A. Staff Recommendation Due to the potential benefits enumerated above, staff is of the opinion that the contractual arrangement outlined is in the best interest of the City and recommends that Council authorize legal advertising of a bid solicitation with the intent of awarding a contract for meter reading services. Attachments N/A. 3-114\ti.COArg (46.0.4 Prepared By Finance De t.Approval City Manager Approval Wylie City Council #6 Agenda Communication for June 11 1996 Hold Public Hearing - Consider Zone Change for 709 Hwy 78 North Issue Hold a Public Hearing and consider approval of a request from Western Auto for a zone change from "R", Retail to "B-2", Business-2 for property located at 709 Hwy. 78 North and further described as Lot 4, Block 2 in the Oaks Retail Addition. Background Mr. Ken Ford owns the Western Auto Store at 709 Highway 78 North. Mr. Ford is requesting the rezoning because he is considering adding a service bay to the existing facility. The Comprehensive Zoning Ordinance was approved in 1985. At that time, the zoning under which the building was originally built was changed to "R", Retail zoning. The appropriate zoning classification for an automobile repair garage is "B-2". The process necessary for a business operating under a nonconforming use status to expand or remodel is to seek a zone change. Public Hearing Notifications were sent to all property owners within 200' of this site. To date, two were returned; one in favor and one against the zone change (attached). Board Recommendations The Planning and Zoning Board met on Monday, June 3, 1996. The Board recommended approval with a vote of four (4) in favor of approval, two (2) opposed. Financial Considerations N/A I e:gal Considerations N/A Staff Recommendations The Comprehensive Plan shows commercial uses generally along Hwy. 78. Because the Land Use Plan does not differentiate between commercial, retail or business zoning districts, this proposed B-2 zoning is generally in sync with the Plan. Of the three zone change requests before the Council, this tract is the only area which is not adjacent to residential zoning. In light of the recommendations of the Comprehensive Plan and the proximity to other commercial zoning districts, staff recommends approval of this request. The main opposition from adjacent home owners appears to be with regards to proper fencing/screening and upkeep of vacant lots. Buildings erected in non-residential districts (R and B-2) under the current zoning ordinance, are required to have masonry or wood walls adjacent to the neighboring residential property. These wooden fences have been erected on the property line of the two buildings erected since the zoning ordinance was adopted. Attachments Zone Change Application Returned Public Hearing Notices Location Map Zoning Map of the Area )1)Ak. Ceti Prepared By Finance Dept. Approval City Mgr. Approval Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. 0 Filing Fee a Date 5// Applicant WWV e 51 e4,(/ Phone No. 7 ✓-_70,41� Xert 6rd Mailing Address: Work No. /�07, 515 �09 N, HA) y, 72 10)/ //se , LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 A )< Re i � Aae I-k/5fir f it, 0717W /� I hereby requut that the above described property be changed from its present zoning which -, z is t District Classification to B- District Classification for the following reasons: (attach separate sheet if necessary) /4M & VaAr • There ) (are n9leed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed Page 2 of 2 • Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. ..I ri t -t i■w' -I - parr _; { n Ar ii , i rid1.41_± .,.LI r4 awls lel PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday June 3, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, June 11, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from R to B-2 for Western Auto for the property located at 709 Hwy. 78 North and further described as follows: Lot 4, Block 2 in the Oaks Retail Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZJCC - W. Auto .r` ' Return this form to : Lisa Price, Technical Coordinator • VI2000 Hwy. 78 N Wylie,"Texas 75098i am in favor of the request for the reasons listed below ❑ I am opposed to the.request for the reasons listed below 1 Loner-- air); isct.�a Cra.4e w►orz r cblue.f 4(0e. o I s, 2. -fa HIVE 00 PE Vy ,210 FLEX i g,'U-r y F6/e axle('rff nr-6).v. 7-r.4 c.. f 3. Signature /02 075);29 Printed Name ✓e►1n13 (.,L.�. ( I 7o / i /. l-4t4J -7' � /Addressy /-2 2000 Highway 78 North•Wylie.Texas 75098•(2141 442-8100•Fax(214)442-4302 tft • it � i i t i i tiit ( PUBLIC HEARING NOTICE> The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday June 3, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, June 11, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Com ex located at 2000 Highway 78 North, to consider approval of a zone change frometafor Western Auto for the property located at 709 Hwy. 78 North and further described as follows: Lot 4, Block 2 in the Oaks Retail Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC -W. Auto • Return this form to : Lisa Price, Technical Coordinator 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below am opposed to the uest for the reasons listed below 1. 2. - /4!f}cF-!rum( 3. Signature 44_ Printed Name 6 (LA.-1 P 2t CL Address v cn.1t, - 72_ 2000 Highway 78 North•Wylie.Texas 75098•(2141 442-8100•Fax(214)442-4302 ♦� test May 15, 1995 Planning& Zoning Commission of the City of Wylie 2000 Hwy. 78 N. Wylie,Texas 75098 RE: Zone Change for Lot 2A,Block 2; Lots 3B,3C,3D,Block 2; and Lot 4,Block 2 in the Oaks Retail Addition. Dear Commission, My family and I are opposed to the request for approval of a zone change from R to B-2 due to the fact that there seems to be no provisions at this time to require the present retail businesses to construct any type of barrier between them and the home-owners. Below is a list of present concerns with which we deal with on an almost daily occurrence: 1) The trash On windy days the trash from Western Auto's trash dumpster are blown into our yards, I have personally called the City of Wylie about this several times in the past. 2) The sight On a nice Texas day is not a pretty sight to see stacks of used tires, 55 gallon oil drums,and empty boxes from your backyard or driveway. Plus what is the environmental impact of the of all the oil. The present businesses do not seem to have to be responsible in maintaining their easement per the City code in regards to over grown grass and weeds,whereas the residents of the Oaks Division have in the past been sent notification of possible fines. 3) The noise the screeching of tires during the day behind Western Auto while testing brakes for car safety inspections, the air compressor which runs both day and night. With my wife working nights this doesn't help her rest during the days,and it doesn't help my rest at night. 4) The traffic The way the alley is situated between my house and the neighbors we get motorcycles and four-wheelers running over the neighbors backyard to get to the shopping center behind us. The-above problems we of the Oaks Addition are presently enduring will only be compounded with zone changes from retail to industrial. I will be make every effort to attend the June 3rd meeting if my employment will allow. Thank u, Phillip Price 209 Spence Dr. Wylie, Texas 795098 2 91 AC • \ SORT!TExAS Mh CeA_ *ATER DISTRICT / u B.l. KREYMER• \. .... e9 7-9 AC •2976 A_ JACK --E$M--/ }.`y. //'BILLY KREYMER ,�r.A �, i :S 93 AC. trs �. t S s•^ AS e .4o. 4 6St P 10 AC \ Ve7crn e - Att� .,t 1 • 5� - •O THE LADYLIKE S. P - y_ '7.Sol AC - JC KRETwEF 239 AC JC. �~ 31 KRErMEP \ KRETME' ' -� u 30 AC LADT LIKE $FOP 27 AC • - 2187 AC. 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City Limits• '� , �i.r 84 - 73 �� rlrr�l I1 , , 1 II o 87 - 58 �� elI ,° _lrs 1 .1I ORDINANCE NO, AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF LOT 4, BLOCK 2 IN THE OAKS RETAIL ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 709 HWY. 78 NORTH, FROM "R" RETAIL TO "B-2" BUSINESS-2; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A);AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property hereinafter described is presently zoned as "R" Retail; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "R" Retail to "B-2" Business-2; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted; WHEREAS, the City Council has determined, in its legislative capacity, that the proposed change is appropriate and in the best interest of the orderly development of the City in that it is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style of living, or manner of doing business, as required by Section 35,1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly described as 709 Hwy, 78 North, to wit: • • Lot 4, Block 2 in the Oaks Retail Addition to the City of Wylie, Collin County, Texas, from "R" Retail to "B-2" Business-2. SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penally provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended, SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validly of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such • • cases. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect, • SECTION VII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1996. By James D. Swartz, Mayor ATTEST Susan Shuler, City Secretary Wylie City Council #7 Agenda Communication for'June 11 , 1996 Hold Public Hearing - Consider Zone Change for 707 Hwy 78 North IssliR Hold a Public Hearing and consider approval of a request from Dennis Bell for a zone change from "R", Retail to "B-2", Business-2 for property located at 707 Hwy. 78 North and further described at Lots 3B, 3C and 3D 4, Block 2 in the Oaks Retail Addition. Background Mr. Dennis Bell owns three lots at 707 Highway 78 North. Mr. Bell is considering constructing a rental shop for small equipment, and is requesting this rezoning in order allow for outside storage for trailer and equipment rental. Under the existing zoning classification of Retail, this use would not be allowed. The existing zoning in the area consists of Retail zoning along Hwy. 78 with residential zoning adjacent to the east. Public Hearing Notifications were sent to all property owners within 200' of this site. To date, two were returned; both against the zone change (attached). Board Recommendations The Planning and Zoning Board met on Monday, June 3, 1996. The Board recommended denial with a vote of five (5) in favor of denial, one (1) opposed. Financial Considerations N/A Legal Considerations N/A Staff Recommendations The Comprehensive Land Use Plan shows commercial uses generally located along Hwy. 78. Because the Land Use Plan does not differentiate between commercial, retail or business zoning districts, this proposed B-2 zoning is generally in sync with the Plan. Consideration needs to be given, however, to the placement of B-2 zoning, the most intensive commercial zoning district, adjacent to Single Family zoning. According to the Land Use Development Plan Concept (see attached) the types of commercial uses recommended to be compatible with single family uses are neighborhood retail/business center or the Retail and B-1 zoning districts. In light of this, staff recommends denial of the requested B-2 zoning. The main opposition from adjacent home owners appears to be with regards to proper fencing/screening and upkeep of vacant lots. Buildings erected in non-residential districts (R and B-2) under the current zoning ordinance, are required to have masonry or wood walls adjacent to the neighboring residential property. These wooden fences have been erected on the property line of the two buildings erected since the zoning ordinance was adopted. Attachments Zone Change Application Returned Public Hearing Notices Location Map Zoning Map of the Area Land Use Plan Concept r)c),kuv i • CA:sse Prepared By finance Dep Approval City Mgr. Approval Page 1 of 2 (5/93) • CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee DiA) Date .�-Z'-f 4 Applicant ehni 5 'Be I I Phone No. Z/y-(/12- (199s- Mailing Address: Work No. .2JV - 76 3- y/'7 70 / ti-1 aCv y 7g Wi1/ie, ?sb/ g LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 OAKS Re-tai I , Flock Z LOT 3D Siros - /76? g loa Z Lo-r 3f3 Clod Z , LOT i I hereby request that the above described property be changed from its present zoning which is ii>nes District Classification to 8- Z District Classification for the following reasons: (attach separate sheet if necessary) o r ��4 ; e r $r a c e r(n 4-4 l, ,SEED ov+sld 'e 54-or'age • • There (-afe) are nojdeed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. +Hi tT � -I t-P • v +H4 t rM tt r?-!- t rt tttitri , „ PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday June 3, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, June 11, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from R to B-2 for Dennis Bell for his property located at 707 Hwy. 78 North and further described as follows: Lots 3B, 3C and 3D; Block 2 in the Oaks Retail Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Bell Return this form to : Lisa Price, Technical Coordinator 2000 Hwy. 78 N Wylie,Texas 75098 ❑ I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below 1.r.`lrl.d . .. (,ram n.A0-x5 6.2 t- • 2. 3. Cj<j.).41 Signatur Printed Name Act4' j Address 04D 3 J r-\.c e 2000 Highway 78 North•Wylie.Texas 75098•(2141 442-8100•Fax(214)442-4302 i.._..__ .IIri._i_._. i • jT il ; : P. . . !7--i-t o y1ie PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday June 3, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, June 11, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from R to B-2 for Dennis Bell for his property located at 707 Hwy. 78 North and further described as follows: Lots 3B, 3C and 3D; Block 2 in the Oaks Retail Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Bell Return this form to : Lisa Price, Technical Coordinator 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below 1. •2. �L�� %� G'(-1 l�l.�►� I 3. • • • Signature Printed Name i „, e 10r2 Address c2D q Si :i kic 2000 Highway 78 North•Wylie.Texas 75098•(2141442-8100•Fax(214)442-4302 May 15, 1995 Planning & Zoning Commission of the City of Wylie 2000 Hwy. 78 N. Wylie,Texas 75098 RE: Zone Change for Lot 2A,Block 2; Lots 3B,3C,3D,Block 2; and Lot 4,Block 2 in the Oaks Retail Addition. Dear Commission, My family and I are opposed to the request for approval of a zone change from R to B-2 due to the fact that there seems to be no provisions at this time to require the present retail businesses to construct any type of barrier between them and the home-owners. Below is a list of present concerns with which we deal with on an almost daily occurrence: 1) The trash On windy days the trash from Western Auto's trash dumpster are blown into our yards, I have personally called the City of Wylie about this several times in the past. 2) The sight On a nice Texas day is not a pretty sight to see stacks of used tires, 55 gallon oil drums, and empty boxes from your backyard or driveway. Plus what is the environmental impact of the of all the oil. The present businesses do not seem to have to be responsible in maintaining their easement per the City code in regards to over grown grass and weeds,whereas the residents of the Oaks Division have in the past been sent notification of possible fines. 3) The noise the screeching of tires during the day behind Western Auto while testing brakes for car safety inspections,the air compressor which runs both day and night. With my wife working nights this doesn't help her rest during the days,and it doesn't help my rest at night. 4) The traffic The way the alley is situated between my house and the neighbors we get motorcycles and four-wheelers running over the neighbors backyard to get to the shopping center behind us. y f The above problems we of the Oaks Addition are presently enduring will only be compounded with zone changes from retail to industrial. I will be make every effort to attend the June 3rd meeting if my employment will allow. Thank u, p • Phillip Price • 209 Spence Dr. Wylie,Texas 795098 2 9i AC I NDR7!TEXAS MJA C.eA W:?ER 0ISr CT 1\ PG... KPErMER' •23 76 A: - ' - 99 79 AC / JACK '-S , • y 4?4 A: // eko KRErMER e �_ ,%�� :593 AC. i.--• IA_ d 1°.tL, �PE t ,4 10 AC Il r I I 1*�E I • fro?erills TnE LAD7UKE S.AP I + .7.Sc7 AC j JC KRErM • 233 AC.EF • • JC. 31LL KPEYMEP \ Kn.TME' ' - ' 30 AC • LADTLIKE $MCP 27 AC 2 IBT AC. -SIFEEa %• _ rt I. b •o p= � � Ns ? / -- CLC t ' . a . �a� •( • IF. 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" „.„ - f. , I � 2 9 % ,,$: T(lillif i lillf((('i111ilTfiis : 11 87-41 . `1e 11��jj` --- • 8 '„'--_--{.' ! H- -.t ,7. �� a /� 41X1 �: i - 83 -2. : „tor �LLJ _ / ,_ _ _ ._.. rill LFY'71_� ‘MI fil 4 i _ 84 —30, ,• D il NM ___i i H 1 i ,,f1-,NI; •• • • it k 6 • RR I •r9. [. .s.•�. ii III rpn& ---, . it:f.. >:- I _1 11 — rin - -30 I+:icy: I �- 1-f _i�T - —•- -- -- - --- -- ss•at` ;. �i1J jIL'r _I.� �\:. stone Road--- 61. ; . \\ nT����� S F - \\ L7. 1LI I aIi P 95 - 16 . i .4nit '...a u L- " r City Limits 11I,1 ..aim,,•• /� p .. 4 rrrr 84 - 73 II 3v ! 1 n 1 I � >� 87 - 5.8 EiI LAND USE DEVELOPMENT PLAN CONCEPT ( 1 MILE GRID) RETAIL/BUSINESS CENTER g- MINOR ARTERIAL W— ool COLLECTOR STREET MULTI—FAMILY 4 I I NEIGHBORHOOD RETAIL/ BUSINESS CENTER MAJOR ARTERIAL 11 '0 RESIDENTIAL NEIGHBORHOOD DMSam, Hsstoa i�AAsswraicatesds a• FIGURE 7-1 LAND USE DEVELOPMENT PLAN CONCEPT • ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF LOTS 3B, 3C,AND 3D, BLOCK 2 OF THE OAKS RETAIL ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 707 HWY. 78 NORTH, FROM "R" RETAIL TO "B-2" BUSINESS-2;AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A); AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the zoning of the property hereinafter described is presently zoned as "R" Retail; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "R" Retail to "B-2" Business-2; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted; WHEREAS, the City Council has determined, in its legislative capacity, that the proposed change is appropriate and in the best interest of the orderly development of the City in that it.is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style of living, or manner of doing business, as required by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly described as 707 Hwy. 78 North, to wit: • Lots 3B, 3C and 3D, Block 2 in the Oaks Retail Addition to the City of Wylie, Collin County, Texas, from "R" Retail to "B-2" Business-2. SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1996. By James D. Swartz, Mayor ATTEST Susan Shuler, City Secretary Wylie City Council Li Agenda Communication for June 1 1 , 1996 ft 8 Hold Public Hearing Consider Zone Change for 703 Hwy 78 North Issue Hold a Public Hearing and consider approval for a request from Bill R. Green for a zone change from "R", Retail to "B-2", Business-2 for property located at 703 Hwy. 78 North and further described at Lot 2A, Block 2 in the Oaks Retail Addition. Background Mr. Bill Green owns Greens Auto Parts at 703 Highway 78 North. Mr. Green proposes to add an automotive machine shop to his current business, and under his current zoning classification of Retail, this would not be allowed. The existing zoning in the area consists of Retail zoning along Hwy 78 and Residential zoning adjacent to the east. Public Hearing Notifications were sent to all property owners within 200' of this site. To date, three were returned; one in favor and two against the zone change (attached). Board Recommendations The Planning & Zoning Board met on Monday, June 3, 1996. The Board recommended denial with a vote of five (5) in favor of denial, one (1) opposed. Financial Considerations N/A Legal Considerations N/A Staff Recommendations The Comprehensive Land Use Plan shows commercial uses generally located along Hwy. 78. Because the Land Use Plan does not differentiate between commercial, retail or business zoning districts, this proposed B-2 zoning is generally in sync with the Plan. Consideration needs to be given, however, to the placement of B-2 zoning, the most intensive commercial zoning district, adjacent to Single Family zoning. According to the Land Use Development Plan Concept (see attached) the types of commercial uses recommended to be compatible with single family uses are neighborhood retail/business center or the Retail and B-1 zoning districts. In light of this, staff recommends denial of the requested B-2 Zoning. The main opposition from adjacent home owners appears to be with regards to proper fencing/screening and upkeep of vacant lots. Buildings erected in non-residential districts (R and B-2) under the current zoning ordinance, are required to have masonry or wood walls adjacent to the neighboring residential property. These wooden fences have been erected on the property line of the two buildings erected since the zoning ordinance was adopted. Some of these walls, particularly on the east and south of this property are in need of repair. Attachments Zone Change Application Returned Public Hearing Notices Location Map Zoning Map of the Area Land Use Plan Concept • 7 r:T _//AA nn Prepared By Finance Dep . Approval City Manager Approval Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE 5". Case No. Filing Fee � Date " ‘ Applicant6Z&)5 7 i / Phone No. 0/f—Za./ Ma' • ea ress: Work No. "eig 490 • /' Gib LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 4ix. ?4THt / dei0eX1 ' ,, Gor 241- I hereby r quest that the above described property b changed from its present zoning which is R District Classfcation to 2 • District Classification for the following reasons: (attach separate sheet if necessary) There are;) deed restrictions ertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. • Signed)'d j /� Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 • If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. 1.. parligitr-r1 I lir I+ir+OfFy.oi PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday June 3, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, June 11, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from R to B-2 for Greens Auto Parts for the property located at 703 Hwy. 78 North and further described as follows: Lot 2A, Block 2 in the Oaks Retail Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Greens Auto Return this form to : Lisa Price, Technical Coordinator 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below xf I am opposed to the request for the reasons listed below 1. 6KQ .k, ‘1.4) 91) Cr WL) 2 Q,Yn c e- J��l C e ' W 2.5 -c ,JCL C-e G�. 4-� . 3. !, r , Lt1 -l�C r� �-e, n 0 Q— `�—c �c�c�-ate (12c c,1) KLC( .-) OAp' aL`a.Au ty\j2., uryb ---&,,pt,c-v c1/4_3ort_Zo,Li (fie ,p CI-C C-1, .4.� : /2-vn-. SignatureW--- Printed Name Tl A. A I[ef Address 2000 Highway 78 North•Wylie.Texas 75098•(2141 442-8100•Fax(214)442-4302 tilt t^ Ire i i TVA r ir 4- PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday June 3, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, June 11, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from R to B-2 for Greens Auto Parts for the property located at 703 Hwy. 78 North and further described as follows: Lot 2A, Block 2 in the Oaks Retail Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Greens Auto Return this form to : Lisa Price, Technical Coordinator 2000 Hwy. 78 N Wylie, Texas 75098 CI I am in favor of the request for the reasons listed below • • ❑ I am opposed to the request for the reasons listed below 1. `wr oc,�NE4 /4-41crr7 y10 v$cpa..J 4 crfq,'f!L. picr-c n feveires. 2. /O R(u6 OfEiCrl m0Or F4E-14%siti-ay rv2 cgOcwrile Pa"re-'N?rAc- 3. Signature Printed Name-� h-S (iV • Address 70/ /4l (,(/ -g a /7e 2000 Highway 78 North•Wylie.Texas 75098•(2141 442-8100•Fax(214)442-4302 . ,' i011111M ArAi tt'i ri . • Ultto IE ; it ItililCi�"t PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday June 3, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, June 11, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider • approval of a zone change from R to B-2 for Greens Auto Parts for the property located at 703 Hwy. 78 North and further described as follows: Lot 2A, Block 2 in the Oaks Retail Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC Greens Auto Return this form to : Lisa Price, Technical Coordinator 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below 1. • 2. 3. • Signature Printed Name ' -1 � . i e rth �- • Address (-2p 11. 2000 Highway 78 North•Wylie.Texas 75098•(2141 442-8100•Fax(214)442-4302 firs May 15, 1995 Planning & Zoning Commission of the City of Wylie 2000 Hwy. 78 N. Wylie,Texas 75098 RE: Zone Change for Lot 2A,Block 2; Lots 3B,3C,3D,Block 2; and Lot 4,Block 2 in the Oaks Retail Addition. Dear Commission, My family and I are opposed to the request for approval of a zone change from R to B-2 due to the fact that there seems to be no provisions at this time to require the present retail businesses to construct any type of barrier between them and the home-owners. Below is a list of present concerns with which we deal with on an almost daily occurrence: 1) The trash On windy days the trash from Western Auto's trash dumpster are blown into our yards, I have personally called the City of Wylie about this several times in the past. 2) The sight On a nice Texas day is not a pretty sight to see stacks of used tires, 55 gallon oil drums,and empty boxes from your backyard or driveway. Plus what is the environmental impact of the of all the oil. The present businesses do not seem to have to be responsible in maintaining their easement per the City code in regards to over grown grass and weeds,whereas the residents of the Oaks Division have in the past been sent notification of possible fines. 3) The noise the screeching of tires during the day behind Western Auto while testing brakes for car safety inspections, the air compressor which runs both day and night. With my wife working nights this doesn't help her rest during the days,and it doesn't help my rest at night. 4) The traffic The way the alley is situated between my house and the neighbors we get motorcycles and four-wheelers running over the neighbors backyard to get to the shopping center behind us. The above problems we of the Oaks Addition are presently enduring will only be compounded with zone changes from retail to industrial. I will be make every effort to attend the June 3rd meeting if my employment will allow. Thank u, Phillip Price 209 Spence Dr. Wylie, Texas 795098 231 AC ` r...... 1• r•OR7!TEXAS MuK C'•A, w:*E• DISTRICT ••� / / , F.L_ KPE TMER• / • � - 8979 AC •2376 AZ - M�/ 7, . FA.. .. / A`< //'BILLY KRErMER BRA Y,., i' 93 AC. • 1 • 9. • 10 t.P4 PP C.-0 )I 0 AC' 1. `4 5 CI(een ,,- s� -------1 • I - TnE LAOrLME SmOF t 17.367 AC • .s JCETMEF - Zz 233KP AC. JC. ALL 1(REYM EP \ N PErME r - - JO AC. - LADYLIKE SMA 27 AC • 2 167 AC. SCREE, a A. 1. 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MINOR ARTERIAL k NI Or p 1 C P ... MULTI—FAMILY I COLLECTOR STREET 1 I NEIGHBORHOOD RETAIL/ BUSINESS CENTER MAJOR ARTERIAL RESIDENTIAL NEIGHBORHOOD rDM Bspep, Huston irw Associates, Inc. ewc t arav vru COVSCLTNv7r FIGURE 7-1 LAND USE DEVELOPMENT PLAN CONCEPT ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF LOT 2A, BLOCK 2 IN THE OAKS RETAIL ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 709 HWY. 78 NORTH, FROM "R" RETAIL TO "B-2" BUSINESS-2; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A);AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property hereinafter described is presently zoned as "R" Retail; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "R" Retail to "B-2" Business-2; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted; WHEREAS, the City Council has determined, in its legislative capacity, that the proposed change is appropriate and in the best interest of the orderly development of the City in that it is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style of living, or manner of doing business, as required by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly described as 703 Hwy. 78 North, to wit: • Lot 2A, Block 2 in the Oaks Retail Addition to the City of Wylie, Collin County, Texas, from "R" Retail to "B-2" Business-2. SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect, • SECTION VII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1996. By James D. Swartz, Mayor ATTEST Susan Shuler, City Secretary Wylie City Council #9 Agenda Communication for June 11 , 1996 Ordinance Amending the Industrial Pretreatment Ordinance Issue Discuss and consider approval of a ordinance amending the current Industrial Pretreatment Ordinance (Ord 92-6) to set specific daily limits on the concentration of certain effluent discharges. Background The North Texas Municipal Water District (NTMWD) currently operates the City of Wylie Wastewater Treatment Plant located east of State Highway 78 on Alanis Road. The plant operates under a National Point Discharge Elimination System (NPDES) Discharge Permit which sets limits on the concentration of certain contaminants in the water treated and discharged into Muddy Creek. The NPDES program is mandated by EPA and administered at the State level by the TNRCC. This permit sets limits on the concentration of certain contaminates. The treated wastewater (effluent) must contain concentrations of Biochemical Oxygen Demand (BOD) of less than 10 milligrams per liter (mg/I) and concentrations of Total Suspended Solids (TSS) of less than 15 milligrams per liter (mg/I). Effluent discharges from the wastewater plant in excess of these levels put the plant in violation of its operating permit. Over the last year, there have been several occasions when the plant effluent levels for BOD, TSS and Ammonia have been exceeded. The plant discharge data suggests that a single source is discharging excessive levels of BOD, TSS, and Ammonia from time to time. The NTMWD staff suggested that the City take certain steps to ensure future compliance through enforcement of adopted regulations. On February 13, 1996, the City Council adopted Ordinance 96-14, amending the City's Industrial Pretreatment Ordinance (Ord. 92-6), by establishing monthly average limits of specified metals, chemicals and toxic substances. Because of the language of the Ordinance, it is necessary to establish that the average monthly discharge is in excess of the identified limits. In the event of the violation of this ordinance, the requirement to obtain the monthly average creates a significant delay in the City's ability to enforce the ordinance. The NTMWD staff has reported that a single source continues to discharge excessive levels of BOD, TSS and Ammonia. If the Wastewater Treatment Plant continues to receive excessive amounts of BOD, TSS and Ammonia, the City could be subject to fines. Further, in order to remain in compliance with the NPDES Permit, and to be able to handle the elements being received at the plant, the City could be required to enlarge the plant or purchase additional equipment. Staff wishes to aggressively enforce the Ordinance. In order to do so, staff is proposing to amend the ordinance to identify daily rather than monthly limits so that the enforcement process may be expedited. By establishing daily limits, the results from the daily monitoring program could be received from NTMWD within seven (7) days from when the test was taken. Financial Considerations Section 2 of the Ordinance establishes that any person violating any provision of the Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in the sum of not more the Two Thousand Dollars ($2000.00) for each such violation. Legal Considerations The February, 1996 amendment added calculated limits for BOD, TSS, and Ammonia. The amendment before the Council will establish that exceeding these limits on a daily basis, rather than monthly, will constitute as a violation of the Ordinance. North Texas Municipal Water District performs the actual monitoring and will contact the City when a violation has been identified. The City then notifies the industry, citing the specific code and the nature of the violation. The industry has the option to voluntarily pay the fine or to exhaust the legal system by requesting a trial through the Municipal Court, and potentially appealing to the State District Court. Staff Recommendation Staff recommends Council adopt the amendment to establish daily limits as part of the Industrial Pretreatment Ordinance. Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NOS. 92-6 AND 96-14 OF THE CITY OF WYLIE, TEXAS, IN REGARD TO REGULATIONS FOR DISPOSAL OF SEWAGE AND THE USE OF PUBLIC SEWERS, REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWER OF THE CITY OF WYLIE, TEXAS; REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES; PROVIDING FOR A PERMIT SYSTEM WITH DENIAL, SUSPENSION, REVOCATION AND APPEAL PROCESS; AND REPEALING CONFLICTS IN OTHER ORDINANCES: PROVIDING FOR EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of Wylie, Texas (the "City Council"), has previously adopted Ordinance Nos. 92-6 and 96-14 of the City of Wylie, Texas ("Wylie") establishing regulations for disposal of sewage and the use of public sewers, regulations for discharge of industrial wastes into the sanitary sewer of Wylie, regulations of unsewered and miscellaneous discharges and providing for a permit system with denial, suspension, revocation and an appeal process; and WHEREAS, the City Council desires to amend the sampling period of hazardous metals and chemical or toxic substances discharged into the sewer system of Wylie under Ordinance Nos. 92-6 and 96-14 of Wylie; and WHEREAS, the City Council finds that it is in the best interest of the Citizens of Wylie to amend Section 3(A)(1) of Ordinance Nos. 92-6 and 96-14 as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. The City-hereby amends Section 3(A)(1) of Ordinance Nos. 92-6 and 96-14 as follows: SECTION 3: HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES A) It shall be unlawful to discharge into the sewer system, any hazardous metals and chemicals or toxic substances in excess of the following concentration limits: 1) The following heavy metals and toxic materials in the form of compounds or elements in solution or suspension in concentrations exceeding these limits: MONTHLY AVERAGE PARAMETER LIMIT IN mg/L Arsenic (Total) 1.00 Cadmium (Total) 0.11 Chromium (Total) 2.77 Copper(Total) 2.07 Cyanide (Total) 0.65 Lead (Total) 0.69 Mercury (Total) 0.011 Nickel (Total) 2.38 Silver(Total) 0.43 Zinc (Total) 2.61 *Biochemical Oxygen Demand (BOD) 628 *Total Suspended Solid (TSS) 628 *Ammonia (NH3) 39 *Maximum Daily Average Limit For purposes of this ordinance, Maximum Daily Average limit includes any consecutive 24 hour period. SECTION 2: All Ordinances or provisions of Ordinances in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining provisions remain in full force and effect. SECTION 3: It is hereby declared to be the intention of the City Council that if any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or invalid by judgement or decree of a Court of competent jurisdiction, then such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional or invalid. SECTION 4: This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of , 1996. Jim Swartz, Mayor ATTESTED AND CORRECTLY RECORDED: APPROVED TO FORM: Susan Shuler, City Secretary Abernathy, Roeder, Robertson & Joplin, P. C. Richard M. Abernathy, City Attorney