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01-28-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, JANUARY 28, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 Action Taken . > :..::' ;>;>:>;:<,;;:-;:-::; ; > > '> E III>I `> EMEME'EIME MENE > > >>>><>'>E>'> E MatiMagnantIONMEMENCENEEMESEMENERNMEMEMENEERE WWI* is y ate `h:::w ::nOt be:.. pa ili i git§ti1 : e :it44***:: 000. '':th t:::..:...:M : :1�r�a : NNifi ...........: : '.�`11...:INga64l, a `. d:: : _:::::.::::::.. A. Approval of the Minutes from the Special Called Meeting of November 21, 2002, and the Regular Meeting of December 10, 2002, and January 14, 2003. B. Consider and act upon approval of a resolution of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. C. Consider and act upon entering into a local agreement with the City of Parker for the use of the fire-training center located at Fire Station #2 in Wylie, as part of a regional training group. D. Consider and act upon a Final Plat for Lot 1, Block A of Anderson's Little Half Acre Addition (formally known as Lot 5 of McCord's Little Six Subdivision, an Addition not filed for record), being all of a certain 0.48 acre tract of land, located at 2811 F.M. 544, as recorded in a deed to Keith Anderson in Volume 4562, Page 972 of the Deed Records of Collin County, Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. E. Consider and act upon a Final Plat for the Avalon Addition Phase 1, being a certain 42.372 acre tract of land generally located south of Brown Street and west of Kreymer Lane (C.R. 432), being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. F. Consider and act upon a Final Plat for the Avalon Addition Phase 2, being a certain 28.2213 acre tract of laud generally located south of Brawn Street and west of Kreymer Lane (C.R. 432), being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. G. Consider and act upon entering into an Interlocal Agreement with Wylie Northeast Water Supply Corporation for the provision of backup support and repair services. Tabled Item 1. Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial (CC) District to Multi-Family Residential (MF) District, generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning Case 2002-14) Board Appointments 2. Consider and act upon appointing a replacement to the Parks and Recreation Board for one unexpired term ending July of 2004. 3. Consider and act upon appointing a replacement to the Parks and Recreation Advisory Board for one unexpired term ending July of 2003. • EMS Contract with ETMC and the proposed amendment to the contract • Joint worksession with Parks and Recreation Board-Adoption of Park Master Plan • Single Family Residence Licensing • Signage in Municipal Complex Approval of Contract 4. Consider and act to approve the Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center Emergency Medical Service (ETMC) and the City of Wylie. Adoption of Master Plan 5. Consider and act upon adopting the new Parks, Recreation and Open Space Master Plan prepared by Carter and Burgess, Inc. Adoption of Ordinance 6. Consider and act upon adoption of the Single Family Residence Licensing Ordinance. • In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee; Take any action as a result of the Executive Session. In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session, will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us City Secretary Date Notice Removed 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 972/442-8100 or TD 972/442-8170. NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, JANUARY 28, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken '... : >: _:;.:..,.....:.....:,:.: _ :::.:;.> > >'EKO SS > « >< > >':':>'>'':':>'> '><>> `> >>>MOMM 5 5 >S S S 5 5':> >€€<2 2=5':N nt ::::::::.....::.::.::.:......:....:.,:.....,:::-:::::' 5> 5<>< 5 5 5'' 5'SS>'S S'S S S SS SSS;S SS;5 5 5 SSSS >>< 5 5';5 5>2 I 5 IIII III may}.■y�♦s:::......:.....:.......: n .....:.....:..:..... i...y.�.::::. .:.::::.i::�::}kypy,.}.::•:v:{: '.:':{!:::::::::::::-::.:::'.I:.�::y�.�:.4:._:.::�}.y:`,:�:...iii}.....ii-4�...ipii�iipi:@4:i::i-�::,i::A:.�:{{ii'.i:{4::.:g::ii%-�: *'.il[s}: �:.::::�.:::::.:::.::::.:k.:::::::::::.-� is:::.i:.i:.i:.i:.i:.ii-:::::.: .::::._._::..:::::. .:::::::::::::.::..::::::::.i:'--i:•i;-i;-i;-i;:::-i;:::.•:-::::::::::::::::::.::::._::::::.::::.:�::::::::.�:::.::::.:.i:.i:.i:.:�:.i:.i:- A. Approval of the Minutes from the Special Called Meeting of November 21, 2002, and the Regular Meeting of December 10, 2002, and January 14, 2003. B. Consider and act upon approval of a resolution of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. C. Consider and act upon entering into a local agreement with the City of Parker for the use of the fire-training center located at Fire Station #2 in Wylie, as part of a regional training group. D. Consider and act upon a Final Plat for Lot 1, Block A of Anderson's Little Half Acre Addition (formally known as Lot 5 of McCord's Little Six Subdivision, an Addition not filed for record), being all of a certain 0.48 acre tract of land, located at 2811 F.M. 544, as recorded in a deed to Keith Anderson in Volume 4562, Page 972 of the Deed Records of Collin County, Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. E. Consider and act upon a Final Plat for the Avalon Addition Phase 1, being a certain 42.372 acre tract of land generally located south of Brown Street and west of Kreymer Lane (C.R. 432), being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. F. Consider and act upon a Final Plat for the Avalon Addition Phase 2, being a certain 28.2213 acre tract of land generally located south of Brown Street and west of Kreymer Lane (C.R. 432), being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. G. Consider and act upon entering into an Interlocal Agreement with Wylie Northeast Water Supply Corporation for the provision of backup support and repair services. Tabled Item 1. Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial (CC) District to Multi-Family Residential (MF) District, generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning Case 2002-14) Board Appointments 1. Consider and act upon appointing a replacement to the Parks and Recreation Board for one unexpired term ending July of 2004. 2. Consider and act upon appointing a replacement to the Parks and Recreation Advisory Board for one unexpired term ending July of 2003. • EMS Contract with ETMC and the proposed amendment to the contract • Joint worksession with Parks and Recreation Board-Adoption of Park Master Plan • Single Family Residence Licensing • Signage in Municipal Complex Approval of Contract 3. Consider and act to approve the Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center Emergency Medical Service (ETMC) and the City of Wylie. Adoption of Master Plan 4. Consider and act upon adopting the new Parks, Recreation and Open Space Master Plan prepared by Carter and Burgess, Inc. Adoption of Ordinance 5. Consider and act upon adoption of the Single Family Residence Licensing Ordinance. liffEADINGIMMUmmegkeraggingogrumiggRgyEginlicopietwAsii In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, 1 S a result of this Executive Session, will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at w-vww.ci.wvlie.lx.us City Secretary Date Notice Removed 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 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, December 10, 2002 — 6:0 0 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Mayor .::::::......................................................................................................................... ...................... ................. Mondy called the meeting to order at 6:00 p.m. with the following Councilmembers present: Councilman Scott, Councilwoman Allen, Councilman Hogue, Councilman Young, and Councilman Trout. Councilman J.C. Worley was absent. The following staff members were present: City Manager Biff Johnson, Assistant City Manager Mindy Manson, City Secretary Barbara Salinas, City Engineer Chris Hoisted, Finance Director Brady Snellgrove, and City Planner Claude Thompson. Councilman Scott led the invocation and Councilman Trout led the Pledge of Allegiance. A proclamation was presented to the Wylie High School Football Team for a commendable season. Coach Mark Ball accepted the proclamation. There was no citizen participation. .;:.;:;::.;:.;:.;:.;:.;:: :ux :r : are : :a..r:.a :: :`srntuet. roF:Wt. e.AW: :: ;b A. Approval of the Minutes from the Special Meeting of November 11 and Regular Meeting of November 12,2002. B. Consider and act upon a Final Plat for the Creekside Estates,Phase 2 Addition,generally located east of McCreary Road and north of McMillen Road,being all of a 47.873 acre tract of land,being a portion of a called 114.1554 acre tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4137,Page 1120 of the Deed Records of Collin County, Texas (DRCCT) and being a portion of a called 112.1246 acre tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4343,Page 1370, DRCCT, situated in the John W. Mitchell Survey,Abstract No. 589, City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Village Addition,generally located east of Westgate Way and south of Fleming Street, being all of a 16.6883 acre tract of land described in a deed to David Litowitz recorded in County Clerk's File No. 93-0100356 of the Deed Records of Collin County, Texas, situated in the E.C.Davidson Survey,Abstract No.266,City of Wylie,Collin County,Texas. Minutes—December 10,2002 Wylie City Council Page 1 D. Consider and act upon entering into an Interlocal Agreement with Collin County for the development of Birmingham Park. E. Consider and act upon entering into an Interlocal Agreement with Collin County for playground improvements to Community Park. F. Consider and act upon the execution of a Resolution and an Interlocal Agreement to participate in the Texas Local Government Purchasing Cooperative. G. Consider and act upon approval of a resolution authorizing donation of 0.0299 acres of land to the State of Texas for the right-of-way for S.H.78. H. Consider and act upon approval of a Resolution creating an Economic Development Cooperation Agreement governing the activities of the City of Wylie Economic Development Activities. Councilman Joel Scott made a motion to approve the Consent Agenda, Items A-H. Councilman Eric Hogue seconded the motion. A vote was taken and passed, 6-0. 1. Consider and act upon a Settlement Agreement between the City of Wylie and TXU as a result of the settlement between the City of Denton et al.vs. TXU. Ms. Manson explained to Council that in June 2000, the City of Denton filed a lawsuit against electric and gas distribution units regarding the methods for calculating franchise fees. Ms. Manson stated that although the City of Wylie d':d not join the 36 other cities in the petition, TXU pledged "favored nations" status to all cities in its service area, i.e. all cities will reap the benefit of the settlement regardless of whether they participated in the lawsuit. Ms.Manson explained that if the Settlement was approved, it would provide for a one-time payment to the City of Wylie in the amount of $18,317.45 from TXU Gas, and $10,329.95 from TXU Electric as the result of the recalculation of the franchise fees. Ms. Manson stated that the Settlement also provides for an increase from 3% to 4% of the applicable franchise fee payment base, making the gas franchise consistent with other City of Wylie utility franchise agreements. Ms. Manson explained that the City's previous agreement with TXU Gas was at 3%, but this agreement would enable the City to move to 4%; which will translate to a $22,000.00 increase in revenue for 2002. With no further discussion, Councilman Scott made a motion to approve the Settlement. Councilwoman Allen seconded the motion. A vote was taken and passed, 6-0. 2. Hold a Public Hearing to consider and act upon an Ordinance changing TXU Gas Distribution's Rates and Charges. Ms. Manson stated that on March 26, 2002 the City Council approved a Resolution authorizing the City to participate jointly with other cities in the distribution system to independently analyze the gas rate filing and to appoint a representative to a steering committee. She stated that an agreement has been reached, with none of the 51 member cities objecting to the settlement. Minutes—Decemoer 10,2002 Wylie City Council Page 2 The Mayor opened the public hearing. With no citizen participation, the Mayor closed the public hearing. Councilman Trout made a motion to approve the change of rates and charges. Councilman Scott seconded the motion. A vote was taken and passed, 6-0. 3. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 (SF- 8.5/17)to Townhouse(TH),located at 413,415,417,and 419 N.Jackson Avenue,being Lots 2B,2C,2D and 2E,Block 3 out of the Russell Addition, situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie,Collin County,Texas. (Zoning Case 2002-16) Mr. Thompson stated that the applicant is requesting the rezoning of the subject property in order to redevelop the properties as attached residential units similar to those he has recently constructed on the abutting lots to the south. Mr. Thompson explained that the property was originally platted as the single Lot 2, and some time later divided into four lots. He explained that three of these lots are occupied by small-detached single-family residences that are currently occupied, and the fourth is occupied by a single-family residence recently damaged by fire and vacated. Mr. Thompson stated that the applicant is in the process of consolidating the lots under single ownership for unified development. Mr. Thompson explained that the abutting properties to the south were rezoned from the Single-Family Residential-2 of the previous Zoning Ordinance to Townhouse (TH) District by the City Council in September of 2001. He stated that the zoning change included four lots totaling 1.3 acres, and the current applicant replatted those lots into eleven duplex lots in March of 2002 and has subsequently constructed two duplexes (four dwellings) and hG s additional duplexes under construction and planned. Councilman Trout inquired as to the age of the development. Mr. Thompson stated that this was one of the City's oldest subdivisions. Councilman Scott stated that the subdivision was approximately 50 years old. The Mayor opened the public hearing. With no citizen participation, the Mayor closed the public hearing. Councilman Joel Scott made a motion to approve. Councilwoman Allen seconded the motion. A vote was taken and passed, 6-0. 4. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Single- Family 10/19(SF-10/19),located west of F.M.544 and south of the Stoneridge Farms Addition,being all of a 45.07 acre tract of land as described in a deed to William L. Collins recorded in Volume 309,Page 285,Deed Records of Collin County, Texas, situated in the A. Atterbury Survey, Abstract No. 23, City of Wylie,Collin County,Texas. (Zoning Case 2002-17) Mr. Thompson explained to Council that the subject property was annexed into the City of Wylie on July 9, 2002, and was then zoned Agriculture (A) until an appropriate permanent zoning classification could be established. He stated that the applicant is requesting rezoning of the 34.306 acre tract to Single-Family Residential in order to develop a subdivision of single- family residences on lots of at least 10,000 square feet. Minutes—December 10,2002 Wylie City Council Page 3 Mr. Thompson stated that five Public Comment Forms were opposing the request were returned from residents within 200 feet of the proposed change. He stated that thirteen additional Forms have been submitted from properties within the notification area but outside of the City limits, all OPPOSING the request. Mr. Thompson also stated that five Forms and a petition containing 35 signatures were submitted by those speaking at the November 19, 2002 Public hearing by the Planning and Zoning Commission, all OPPOSING the request. Mr. Thompson explained to Council that at the November 19, 2002 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend denial of this zoning change due to its deviation from the Comprehensive Plan and surrounding subdivisions. Mr. Thompson stated that staff recommended denial because the proposal does not comply with the recommendations of the adopted Comprehensive Plan nor with existing adjacent development patterns. Mr. Thompson stated that Due to the recommendation of denial by the Planning and Zoning Commission, approval by the City Council will require a three-fourths (%) affirmative vote by the Council. Mr. Harry James, 1771 International Parkway, Richardson, representing the applicant addressed the Council. He explained to Council why he believed that the proposed development was in compliance based on surrounding property zoning and marketing research. The Mayor inquired about the lot size to the north of the property. The applicant stated that they were 10,000 sq.ft. lots. Councilman Trout inquired about specific lots to the South. The Mayor stated that those lots were not in the City. Councilman Trout asked when the zoning was adopted for the property. Ms. Manson stated that the zoning was adopted when the comprehensive zoning map was adopted. The Mayor opened the public hearing. Ms. Jamie Van Eden ,1001 OakBrook Drive, Wylie, representing homeowners within 200 feet of the proposed property, spoke in opposition. Ms. Van Eden gave a brief powerpoint presentation. Ms. Van Eden stated that the proposed zoning does not comply with the City's comprehensive plan. Ms. Karen Wyrem, Oakbrook Drive, spoke in opposition of the proposed property. Mr. Chris Fry, 851 Crestview Lane, spoke in opposition. The applicant, Mr. Phil Gleg addressed council in rebuttal to the public hearing comments. He stated that the City's comp plan was only a guide. With no further comments, the Mayor closed the public hearing. Councilman Trout made a motion to deny zoning case 2002-17. Councilman Hogue seconded the motion. A vote was taken and passed 5-1 with Councilman Scott opposed. The Council took a five-minute recess and reconvened at 7:00 p.m. Minutes—December 10,2002 Wylie City Council Page 4 5. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) for mixed uses, including commercial and residential of various densities and housing types. Generally located south of F.M. 544 and west of Country Club Drive, being three separate parcels totaling 157.2888 acres, Parcel 1 being a 37.3823 acre tract of land situated in the I&GN Railroad Company Survey,Abstract No. 1061 and L.K.Pegues Survey,Abstract No. 703,Parcel 2 being a 68.3705 acre tract of land situated in the L.K. Pegues Survey,Abstract No. 703,and Parcel 3 being a 51.5360 acre tract of land situated in the W.M. Sachse Survey,Abstract No. 835, City of Wylie, Collin County,Texas. (Zoning Case 2002-18) Mr. Thompson explained that the applicant is requesting rezoning of the subject 157.29 acres in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities and building types, multifamily residential apartments, retail and commercial uses and private open spaces. Mr. Thompson stated that the proposal is intended to create a viable Village Center concept as defined by the Comprehensive Plan, and, through coordinated planning and design, better address several development constraints of the property, as an expansion of the Woodbridge golf community. Mr. Thompson described the details of the proposed Planned development. Mr. Thompson stated that at the November 19, 2002 Planning and Zoning Commission meeting, the Commission voted 4-0 to table this zoning change until the December 3, 2002 P&Z meeting, to allow the applicant time to make modifications to the Development Conditions. He also explained that the Planning and Zoning Commission voted 4-1 at the December 3, 2002 meeting to recommend approval of the proposed Planned Development district with the stipulations that the overall maximum allowed residential units in Tracts A-1, A-2, A-3, A-4 and A-5 shall not exceed 665 lots, and that the average lot aize in Tract A-3 shall be 8,500 square feet with a minimum lot size of 7,200 square feet. Mr. Thompson stated that staff is recommending denial of the requested rezoning due to non-compliance with the recommendations of the Comprehensive Plan (especially the smaller lot and dwelling sizes), and allows too much unjustified variance from code requirements (especially higher densities and waiver of alleys in single-family, and smaller parking spaces within commercial). Mr. Don Herzog addressed the Council with a slide presentation. He explained to Council the constraints of the property including a landfill, the high school and the creek. Mr. Herzog stated that the following issues could be addressed: Parking Standards, Open Space, front entry garages, and exterior composites of the townhomes. Councilman Trout inquired about amenity centers. Mr. Herzog stated that it was a possibility in the townhouse district. Councilman Scott inquired about the number of multi-family units. Mr. Herzog stated 15 units per acre. There was some discussion concerning future standards within homeowners associations. There was also some discussion regarding the open space in the proposed development. The Mayor opened the public hearing. Mr. Tim Johnson, 932 Hooper Road spoke in opposition of the proposed development. Mr. Chris Fry, 851 Crestview spoke in opposition of the proposed development. With no further public comment, the Mayor closed the public hearing. Minutes—December 10,2002 Wylie City Council Page 5 Councilman Scott made a motion to table this item to the first meeting in January. Councilman Trout seconded the motion. A vote was taken and passed, 6-0. 6. Hold a Public Hearing to consider and act upon a change in zoning to amend the Conditions for Development of Bozeman Farms Planned Development District (PD 2002-21) for Single-Family Residential and Village Center Mixed Uses to allow Day Care uses within the Single-Family Residential areas without SUP approval and to eliminate the front garage offset from the facade of house. PD 2002-21 is a 475.80 acre tract generally located south of Stone Road and east of FM 544. (Zoning Case 2002-19) Mr. Thompson stated that the applicant is requesting a revision to the existing Planned Development District (PD 2002-21) for Bozeman Farm Estates. He stated that the proposed amendments to the Conditions for the Planned Development District to amend the Single- Family Residential requirements to eliminate the front garage offset and to allow Day Care uses without Specific Use Permits. He stated that no other changes are being made to the Development Plan or Conditions of Development. Mr. Thompson explained that the proposed revisions maintain the earlier Planned Development District requirements substantially as adopted, except for the following changes to the Conditions of Development: • Section V.ii.22. has been added to permit Day Care facilities without a Specific Use Permit in Single-family residential areas on lots of one (1) acre or larger; and • Section VI.iii.5. has been revised to garages facing the street to be flush with no offset from the front of the house for twenty-five percent (25%) of Type "A" lots with houses of 2,000 square feet or larger. Mr. Thompson stated that staff and the Planning and Zoning Commission recommended approval. Councilman Scott asked for clarification on the daycare issues. The Mayor opened the public hearing. With no public comments, the Mayor closed the public hearing. Councilman Scott made a motion to approve the zone change with the daycare specific use permit omitted at the applicants request; and with the percentage of Type A lots being changed from 25% to 100% with staff support. Councilman Young seconded the motion. A vote was taken and passed, 4-2 with Councilman Hogue and Trout in opposition. 7. Consider and act upon an Ordinance annexing all of a certain 48.643 tract of land out of the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and generally located north of the proposed extension of Park Blvd and west of Parker Road. Ms. Manson stated that this request is for voluntary annexation has been submitted by the Wylie Independent School District for the property which is the site of the new junior high/intermediate school property. She stated that the property was previously within the jurisdiction of St. Paul and has been released by their Council. Ms. Manson explained that if Minutes—December 10,2002 Wylie City Council Page 6 Council approves the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established. Councilman Scott made a motion to approve. Councilman Hogue seconded the motion. A vote was taken and passed, 6-0. iiteADINGIANMORDINANCESATITUER;i:WEVAIMONiiiiNSVPROUnigi]iinVIMOVISEILIMAS The captions of approved ordinances were read into the record. The meeting was adjourned at 8:19 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes—December 10,2002 Wylie City Council Page 7 MINUTES Wylie City Council Tuesday, January 14, 2002 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor John Mondy called the meeting to order at 6:00 p.m. Council members Joel Scott, Reta Allen, Eric Hogue, Merrill Young, J.C. Worley, and Chris Trout were present. Staff members present were City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; City Secretary, Barbara Salinas; Administrative Assistant, Aimee Nemer; and City Planner, Claude Thompson. Councilman Scott led the invocation and Councilman Trout led the Pledge of Allegiance. .:.......... .............. Mayor Mondy and Mayor Pro Tem Worley presented WISD Elementary students with Star Student Certificates recognizing them for demonstrating the character traits of "Self Discipline" and "Responsibility". There was no citizen participation. �..L�7.�.'S✓ ! ::: ......:->:.>:.>:.. :.is:::i::::::::i::i>`::::}:::r::::::::i::i::i:;::<i:;:::::::::i::`_::::iii:::i::::::::>::i;::ii<::::::::i`:::::2:i::::::::::i::iiii::i::;::::i::ii:: ::::.�. A. Consider and act upon the approval of a resolution authorizing the Mayor to execute a License Agreement between the City and Dallas Area Rapid Transit for the installation of a 21-inch and a 30- inch storm sewer for the Westgate Hollow subdivision. B. Consider and act upon the approval of a resolution authorizing the Mayor to execute a License Agreement between the City and Dallas Area Rapid Transit for the installation of an 8-inch waterline crossing generally located at the north end of Commerce Drive. C. Consider and act upon approval for Work Order No. WYL-47 authorizing the Hogan Corporation to proceed with design of pump additions to the Newport Harbor Pump Station. Councilman Young inquired if payments to Dallas Area Rapid Transit would be made on an annual basis. Mr. Johnson stated that payments would be made on an annual basis. Councilman Hogue made a motion to approve the Consent Agenda, Items A-C. Councilman Young seconded the motion. A vote was taken and passed, 7-0. 1. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) for mixed uses, including commercial and residential of various densities and housing types. Generally located south of F.M. 544 and west of Country Club Drive, being three separate parcels totaling 157.2888 acres, Parcel 1 being a 37.3823 acre tract of land situated in the I&GN Railroad Company Survey, Abstract No. 1061 and L.K. Pegues Survey, Abstract No. 703, Parcel 2 being a 68.3705 acre tract of land situated in the L.K. Pegues Survey, Abstract No. 703, and Parcel 3 being a 51.5360 acre tract of land situated in the W.M. Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. (Zoning Case 2002-18) This was a tabled item. Councilman Scott made a motion to untable the item. Councilwoman Allen seconded the motion. A vote was taken and passed, 7-0. Mr. Claude Thompson explained to Council that the public hearing for this item was opened at the December 10, 2002 Council Meeting. He stated that the major points of discussion from the previous meeting were alleys, masonry, parking spaces, and open space. He stated that the applicant has removed tract number A-1 and created lots that would now be 10,000 sq. ft. to comply with the City's zoning ordinance. Mr. Thompson also stated that a new tract 2 and 3 has been created with 8500 sq. ft. lots to comply with the zoning ordinance. He stated that the townhouses, modified townhouses, multi- family, and commercial development have not been changed. Mr. Thompson read the following proposed changes from the developer: 1. Reduction in the overall residential density,from a potential 665 residential lots to not exceed 625 lots. 2. Combine Tracts A-2 and A-3 into new Tract A-2, eliminating all 7,200 square foot single-family lots and requiring all SF-8.5/17 lots to comply fully with the dimensional and development requirements of the Zoning Ordinance. 3. Allow a combination of private streets/access easements and public streets within the Courtyard Townhouse developments of new Tract A-4(old Tract A-5). 4. Require 60%masonry for exterior walls of Townhouse dwellings,rather than 100%masonry composite as previously proposed. 5. Alleys shall be required in the standard Townhouse Tract A-3,and alleys shall be at the discretion of the developer in SF-10 Tract A-1 and SF-8.5 Tract A-2. Private streets/access easements and fire lanes shall serve as alleys in the Courtyard Townhouse Tract A-4. 6. Parking spaces within commercial areas(Tracts C-1 and C-2)shall be 10 feet by 20 feet for 90-degree perpendicular patterns,and 9.5 feet 18 feet for 60-degree diagonal pattern. Aisles within commercial lots shall be 20 feet wide for one-way and 24 feet wide for two-way traffic, although all designated fire lanes will be 24 feet. The applicant, Mr. Don Herzog, Herzog Development; addressed the Council with a slide presentation defining the proposed changes made to the development. He explained the pad sites along Woodbridge Parkway and the parking area configurations with actual dimensions from standard vehicle sizes such as a Suburban, a Pick-up truck, and an Expedition. Councilman Scott inquired about the 60% masonry on the townhouses and asked what kind of material would compose the remaining 40%. Mr. Herzog stated that it would be hardiplank. Councilman Scott asked if there would be sidewalks on both sides of tract Al and A2. Mr. Herzog stated that there would be sidewalks on both sides and he clarified the placement of sidewalks on the collector street and the park trail. He stated that there would be sidewalks on both sides in the single- family development. Councilman Trout inquired about the location of the multi-family development. Mr. Herzog stated that the multi-family development would be a good buffer between the activities of the high school, the park and creek recreation area, and the residential area. Councilman Trout stated his concern with the location of the multi-family development. He stated that he would like to see the multi-family move to the area where the townhomes are located on the proposed plan. Councilman Young stated that he liked the location of multi-family as proposed. Councilman Scott stated that he would rather see alleyways in the single-family residential areas than the townhomes. Mayor Mondy stated that the Woodbridge development in Sachse did not have alleyways and lacked curb appeal. He inquired as to what could be done differently in the proposed development. Mr. Herzog stated that if the alleys could be in an easement allowing 7.5 ft. on either side, the lots would still qualify in the 8500 sq. ft. with alleys. He explained that there would be a 5 ft. easement along the 15 ft. utility easement. Mr. Herzog inquired if our City Engineer would approve a 12 ft. utility easement. Councilman Scott asked if a 12 ft. easement would be wide enough. Mr. Herzog stated that 12 ft. is the standard paving requirement. Ms. Allen stated that her only objection concerning alleyways is that some residential areas without alleys have no place to put their garbage. Mr. Herzog stated that he would go with Councilman Scott's proposal and put alleys on the 8500 sq. ft. lots and not the townhomes. Councilman Scott stated his concern with the 60% masonry on the townhomes. He stated he would like to see up to 75%. He stated his concern with the appearance of the townhomes in the future. Mr. Herzog stated that the townhomes would be maintained by a homeowners association and not individual owners or renters. Councilman Scott asked Mr. Herzog if he would be willing to increase the masonry to 70%. Mr. Herzog stated that he would increase the masonry to 70%. In preparing a motion, Council asked for clarification on the proposed changes concerning the alleyways and their location, percentage of masonry, and development density. Mr. Herzog stated that the density would be 640 instead of 625. Mr. Thompson asked for clarification on the definition of `alley'. Mr. Herzog stated that it would be a 15 ft. Right of Way. Councilman Trout asked for clarification on staffs original recommendation. Mr. Johnson explained that the proposed development is a `Planned Development', which may not comply under a technical review but would otherwise be a desirable development in the City. There was some discussion about the development plans on the Sachse side of the creek. Mr. Herzog described plans for that area. Councilman Trout inquired about the total acreage for the Woodbridge Development. Mr. Herzog stated that it would be approximately 1600 acres including the proposed development and the golf course. Mayor Mondy asked if there was going to be a four-lane road tying into Murphy. Mr. Herzog explained that Ranch Road would be four-lane undivided. Councilman Scott asked if the Wylie development would be started before the West side of Ranch Road. Mr. Herzog stated that it would be simultaneously. Councilman Trout asked what type of buffer would be between the multi-family and the open space. Mr. Herzog stated that it would most likely be wrought iron fencing. With no further discussion from Council, Mayor Mondy opened the public hearing. Mr. Kelly Spore, 204 Winding Knoll Lane, addressed the Council in opposition of the proposed development. He stated his concerns with the masonry on the townhomes and developments with alleys. He stated that the City should adhere to the zoning laws in place. Mr. Tim Johnson, 932 Hooper Road, addressed the Council in opposition of the proposed development. He stated his concern with the location of the townhomes and smaller lots. With no other citizen participation, the Mayor closed the public hearing. Councilman Worley made a motion to approve the proposed development with the following changes: I. Increase in overall maximum density of all single-family dwellings in Tracts A-1, A-2, A-3, and A-4 to 640 units. 2. 70 %masonry to qualify as masonry in townhouse district(Tract A-4) 3. Alleys are required in Tract A-1 and A-2 and shall be at the discretion of the developer in Tract A-3. Councilwoman Allen seconded the motion. A vote was taken and passed, 6-1 with Councilman Trout opposed. 2. Consider and act upon authorizing the City Manager to execute and award a contract to Birkhoff, Hendricks, & Comway, L.L.P., Consulting Engineers, in the amount of $93,500 for engineering services to update the water,wastewater and roadway impact fees for the City of Wylie. Mr. Chris Holsted explained Senate Bill 243 to Council. He stated that SB 243 was effective September 1, 2001 and requires that the city give credit for that portion of property tax and utility revenue generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvement plan. Mr. Holsted stated that due to the changes in Chapter 395 of the Local Government Code, the City adopted an impact fee equal to 50% of the maximum calculated fee. Mr. Holsted stated that the proposed Engineering Services Agreement will calculate a maximum impact fee including a property tax and utility revenue credit; and that the update will also incorporate new population projections and land use assumptions, which will be provided by the City. Councilman Trout inquired if there would be the possibility of a roadway impact fee. Mr. Johnson stated it would be a probability. Councilman Scott inquired about a formal study. Mr. Johnson stated that it would require a very technical study. Councilman Scott made a motion to approve the award of contract. Councilman Trout seconded the motion. A vote was taken and passed, 7-0. ::.*rAita$04.0.4gOMKSCESiitnttkgiiiiitikrttdttMPROVSVSVVIVNUIVKVSSQbUttWitt The caption for Ordinance number 2003-01 was read into the record. • In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551.071 Consultation with Attorney; pending or contemplated litigation (Wastewater Treatment Plant); and Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; (City Manager's Evaluation) The council convened into Executive Session at 7:00 p.m. The Council reconvened into Open Meeting at 7:15 p.m. and approved a resolution supporting the terms of settlement agreements between the North Texas Municipal Water District and Protestants regarding the permit application for the Muddy Creek Wastewater Treatment Plant. Council then reconvened into Executive Session at 7:20 p.m. Council reconvened into Open Meeting at 8:20 p.m. and recorded the following with regard to the City Manager's evaluation: Salary increase to $115,700.00, Deferred Compensation increase to $12,000.00, and an administrative change in contract changing the family medical coverage to reflect the City of Wylie policy. Councilman Scott made a motion to adjourn the meeting at 8:25 p.m. Councilman Worley seconded the motion. A vote was taken and passed, 7-0. John Mondy,Mayor ATTEST: City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. B, January 28, 2003 Issue Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be .he official newspaper for the City of Wylie. Background There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. First,the publication must be a "newspaper" as defined by Section 2051.044, Texas Government Code. The section defines the term "newspaper" as: ...any newspaper devoting not less than 25%of its total column lineage to the carrying of items of general interest published not less frequently than once each week,entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve(12) months prior to the making of any publication... The second issue to consider is whether a particular publication is a newspaper of general circulation. The following area newspapers have been surveyed as to their circulation, times of publication, and advertising costs for public notifications. Newspaper Publication Advertising Approx. No. Dates Costs Subscribers Wylie News ;Every Wednesday $ 9.00 per cfll'. inch 4,204 Plano Star Courier Wed - Sun $ 13.70 per col. inch 7,500* Wed 17,000* Fri 11,000*Sun McKinney'Courter Sun-Friday 20 cents per ward 1 I.000* McKinney Messenger Every Thursday $ 11.10 per col. inch 10,000* Allen American Thurs& Sun $ I0.50per cot inch 6850* Garland News Thurs & Sun $ 3.56 per line 16,600* Legals published on Thurs&Sunday only Dallas Morning News Daily $ 37 40 cal inch Tues-Thur 73,559* $ 50 col inch Fn -;Sat 87,587* $ 50.00 Sunday Rate 98,05I* * The Number of Wylie Subscribers who receive this publication was not available. Figures reflect the total number of subscribers. Background-continued The Wylie News meets the criteria for an official publication as provided by the statute. The Wylie News was the official publication for the City in 2002. Financial Consideration Our total expenditure for advertising costs for fiscal year 2002 was approximately $33,700.00. This figure includes general advertising, employment advertising, and publication of public hearing and legal notices. Other Consideration The City of Wylie Home Rule Charter states in Article 11, Section 2 "The City Council shall declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper." Board/Commission Recommendation N/A Staff Recommendation Staff recommends naming the Wylie News as the official newspaper. Attachments Resolution G.i/YYo.4. Prepared by Revietvn d by Finance City Ma ag`/ pproval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE WHEREAS, Section 52.004, Local Government Code, requires the City Council of the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council fords that the Wylie News is a public newspaper of general circulation. NOW, 'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby determines and establishes the Wylie News as the official newspaper for Wylie until the time that another selection is made by the City Council. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY RESOLVED by the City Council of the City of Wylie, Texas, and this the 28th day of January 2003. John Mondy, Mayor ATTEST: Aimee Nemer, Interim City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. C . January 28, 2003 Issue Consider and act upon entering into a local agreement with the City of Parker for the use of the fire training center located at Fire Station#2 in Wylie, as part of a regional training group. Background Eight local fire departments combined together participate in the Southeast Collin County Regional Training Facility and participate in the Southeast Collin County Regional Training Committee. Their main purpose is to consolidate training budget needs and share training costs when feasible. The fire departments included in the training committee are: Parker Fire Department, Lucas Fire Department, Sachse Fire Department, Murphy Fire Department, Josephine Fire Department, Nevada Fire Department and the Branch Fire Department. In the past few years, fire departments have seen an increase in the number and type of training they must provide their employees. The additional training has placed an incredible burden on small local fire departments. The insurance rating system in Texas has converted to the Insurance Service Organization(ISO). This system requires many more specific training hours than the old system. In order to provide adequate fire protection to their communities, fire departments must have a training facility located to close to the areas they serve. Local fire departments in Collin County need a training center that can provide their employees with basic training and educational programs. These programs will help assure both health and safety of local firefighters. The training facility provides areas for training in live fire training, high angle rescue, trench and technical rescue (U.S.A.R.), confined space, driver training, hazardous materials, ventilation, incident management and performance standards testing. All of the cities that are apart of the Regional Training Center Committee offer mutual aide to one another. Therefore, it is important that the cities actively train together. When the fire departments train together, it offers a better understanding of each departments capabilities, manpower and other important issues that will enable firefighters to better serve the public and each other while saving lives and property. Other Considerations All participating fire departments are required to carry insurance for their personnel and are responsible for any injuries or damages. Financial Considerations The City of Wylie owns the facility, but each member of the Regional Training Facility did their part in supplying materials and or manpower for the building of the facility. • The Parker Fire Department helped with supplies for the tower. • The Murphy Fire Department helped with supplies for the confined space center. • The Nevada and Josephine Fire Department helped with supplies for the propane tank. • The remaining funds for building came from funds received by first responder billing that is done for the Wylie Fire Department. Financial Considerations cont Member participants are responsible for the following fees: ➢ Burn house--$25.00 per burn and $5.00 per bale of hay used. ➢ All other simulators are $10 per day, per simulator used (plus the cost of plywood for ventilation simulator.) ➢ Departments experiencing temporary funding hardships may request exemptions for fees by submitting a written request and explanation to the Regional Training Board. Non-member participants are responsible for the following fees: ➢ $5.00 per student, per simulator(not including the burn house; the burn house would be an $5.00 per student plus any additional fees for the burn house) ➢ Burn house--$25.00 per burn and $5.00 per bale of hay used; plus $5.00 per student ➢ Ventilation Simulator--$5.00 per student plus plywood replacement cost (which may vary) Board/Commission Recommendations N/A Staff Recommendation Staff recommends that Council approve the proposed Rules of Engagement for the Southeast Collin County Regional Training Facility. Attachments Southeast Collin County Regional Training Facility, Rules of Engagement Letter for the City of Parker City of Parker's Resolution No. 1008-02 (A) fi 5)16IVA7 W Prepared bA Revie d b inance City M proval "RULES OF ENGAGEMENT" {,5 r 5 %11 t y f r. e r to �._� t ' 3 ' ..e . Yu w.c:l .„,,,t.. aq vc w K' .n C s4MAP }J �y utl.'33K .frvi- ':- Lrrt fyf ,:,'!•-•1-:!..::,•;:!...1..!.!;':!:!:,!!!;.!!•:.,!..:::???,,,r,,::',,,,:',' —46- . 4—.1:';,,,,:Ft-;:!!!..1.!:'..,:!'.1.1-!;,!!!....!;,;!.!:•.31'f.';'.!..T.-..-...! r 3 # t s • - µ "fl' 1 R R' �4ryiA S , x,...am «..�,,.,ut.. Yxi...,,_ram. <<�.. .1E.�•-,':. :: SOUTHEAST COLLIN COUNTY REGIONAL TRAINING FACILITY 555 Country Club Wylie, TX 75098 972-442-8110 Members: City of Wylie, City of Parker, City of Lucas, City of Sachse, City of Murphy, City of Josephine, City of Nevada, Branch Fire Department Rules of Engagement Page 1 SOUTHEAST COLLIN COUNTY REGIONAL TRAINING FACILITY "RULES OF ENGAGEMENT" In an effort to increase the longevity of the facility, this packet has been prepared in order to address use of the facility—from scheduling to clean up. We must keep in mind the fact that even though the structure is made of concrete it can be damaged. If you build your training fires hotter than PPE is tested for, you are setting yourself up for a possible lawsuit if anyone is burned. NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting requires the PPE to be tested at 500 degrees Fahrenheit. Please follow the guidelines for live fire training as set forth in the NFPA 1403. The Burn Building was not designed to see "HOW HOT THEY CAN TAKE IT", but rather to simulate the heat and smoke firefighters must work in within a controlled training environment. With these thoughts in mind, the following pages will also specify the type and amount of fuel that can be utilized for each burn. These guidelines have been established to ensure the longevity of the training facility. It is not our intention to make it difficult for other departments or organizations to use the facility but rather to guarantee that it will remain a viable training resource for many years to come. Failure to follow the guidelines set forth on the following pages will jeopardize your department or organization's future use of the training facility. If you have any questions or are unsure of anything regarding the use of the facility, please contact the on-duty officer at Station Two (972-429-0772). Reserving the Training Facility Scheduling use of the Regional Southeast Collin County Training Facility is on a first come, first serve basis. You may schedule use of the facility by contacting the City of Wylie's Fire Administration at 972-442-8110. If the dates you request are available, it will be reserved for the department or organization. If circumstances change and you must cancel your scheduled use of the facility, please let us know as soon as possible so that we may open the date(s) for others to use. Member departments will be given priority over non-member department in cases of scheduling conflicts. Rules of Engagement Page 2 Fee Beginning October 1, 2002, fees for use of the training facility are as follows: Member participants: • Burn house—is $25.00 per burn and $5.00 per bale of hay. • All other simulators are $10 per day, per simulator used (plus cost of plywood for ventilation simulator.) • Departments experiencing temporary funding hardships may request exemptions for fees by submitting a written request and explanation to the Regional Training Board. Non-member participants: • $5.00 per student, per simulator (i.e. if a group participates using one simulator [not including the burn house] and 5 students, the cost would be $25.00; if the group uses two simulators with five students the cost would be $50.00) • Burn house—is $25.00 per burn and $5.00 per bale of hay used; plus $5.00 per student • Ventilation Simulator—$5.00 per student plus Plywood replacement cost (which may vary) Fuel Only Class A fuels can be burned in the interior of the burn rooms or burn chamber. You are permitted to use wooden pallets, hay, straw, and the like. However, no flammable liquids may be used to start fires. A propane torch and cylinder are on site to ignite the fuels. The striker, normally located with the torch, has a tendency to come up missing from time to time. So, play it safe and bring your own striker, matches, lighter, etc. It is the responsibility of each user to furnish their own fuel. Often, other departments bring fuel to the training facility ahead of time and would not appreciate it if someone else made use of it. Therefore, do not use fuel found on site without explicit permission. At times, there are pallets and/or hay on site for all to use. Rules of Engagement Page 3 Fuel load To reduce the risk of injury to those participating in live burn training, the following guidelines should be followed: Pallets made from raw wood (no treated lumber) and hay are the only acceptable materials for burn simulations. • For burn stands inside rooms 1 & 2: Cut pallet to sit on stand without tipping over, place 1/3 to 1/2 bale of hay on pallet, secure by placing another piece of pallet on top of hay. Wet hay to help in smoke generation. • For flashover burn box: Use scrap lumber from ventilation simulator and cut up pallets for kindling in bottom of chamber. Stack kindling on top of one full size pallet to allow for air underneath fuel, add up to four pallets and one bale of hay for each fire. • Light fires with propane lighters or torch only. • DO NOT BURN TREATED LUMBER. CARDBOARD OR PAPER. USE OF ACCELERANT FLAMMABLE LIQUIDS IS PROHIBITED. These guidelines should provide sufficient fire and smoke for any training session. Burn Areas All burns will be conducted in the three areas designed for this purpose. First burn room Second burn room Burn chamber located in the rear of the building Safety Officer/Trainin2 Coordinator Again, to ensure the longevity of the facility, fires will be set only in the three designated areas. Each organization that makes use of the facility must have an on- site Safety Officer/Training Coordinator that has been briefed on the use of the training center. Rules of Engagement Page 4 Roof Simulator The mock ventilation simulator on top of the smoke house allows you to train in vertical ventilation, sounding the roof, and cutting ventilation holes with an axe or saw. You will need to supply your own decking. Six clamps are provided for securing the removable sections of plywood decking. They will be left in place, if clamps disappear they will be charged to the last responsible party that used the ventilation simulator. Clean Up It is the responsibility of those using the facility to clean up at the end of the day. Shovels, a wheelbarrow and a small dumpster are on-site to aid in the clean-up process. All burn materials must be extinguished and placed in the dumpster located at the rear of the facility. All large unburned materials should be cut or broken up to take up less space in the dumpster. Facilities Restrooms are inside Fire Station 2. You may enter through the door on the north side of the building. NO BUNKER GEAR OR MUDDY BOOTS WILL BE ALLOWED IN THE FIRE STATION. Please be respectful, this station also houses administration. Locking Up At the completion of use, please see that all doors are closed and secured as found. Release Forms The city requires that release forms be completed prior to use of the training facility for any department/organization that is not a member of the Southeast Collin County Regional Fire Training Center. This release form is to be filled out and on file with the Wylie Fire Department before training can take place. Indemnity Agreement This form is to be completed by the representative of a municipal fire department using the facility to train their paid personnel, or by the representative of a volunteer fire department when they are using the facility. Rules of Engagement Page 5 INDEMNITY AGREEMENT STATE OF TEXAS § § § § KNOWN ALL MEN BY THESE PRESENTS § § COUNTY OF COLLIN § This Agreement is made and entered into by and between the City of Wylie, Collin County, Texas and County, Texas. For mutual consideration, does hereby agree to indemnify and hold harmless the City of Wylie from and against all claims, damages, losses, and expenses, including but not limited to, attorney's fees arising out of, or resulting from 's, its agents' or employees' entry upon the City of Wylie's land, and use of the "Training Facility" and grounds located at 555 Country Club,Wylie, Collin County, Texas. In consideration, the City of Wylie does hereby permit access to , it's agents and employees for use of the facility and grounds. Signed this day of , 20 CITY OF WYLIE, TEXAS BY: BY: Rules of Engagement Page 6 CITY OF � I111 City Administration Betty McMenamy, Administrator/Secretary Hours: 9am-3PM December 12, 2002 Ms. Cheryl Smith Wylie Fire Department 2000 N. Hwy 78 Wylie, Texas 75098 Re: Rules of Engagement Dear Cheryl: Enclosed is the executed Rules of Engagement adopted by the Parker City Council on October 8, 2002. I would appreciate receiving a copy of the document after it has been executed by Wylie. I apologize for the delay in returning this document to you. Please advise if there is further information you require. Very truly ur Betty McMenamy, City Administrator bmc 5700 EAST PARKER ROAD r PARKER, TEXAS 75002 • (972)442-6811 RESOLUTION NO. 1008-02(A) (Rules of Engagement) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARKER, COLLIN COUNTY,TEXAS,APPROVING THE TERMS AND CONDITIONS OF THE RULES OF ENGAGEMENT FOR THE CITY OF WYLIE FIRE TRAINING FACILITY,AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF PARKER WITH THE CITY OF WYLIE REGARDING THE USE OF THE FACILITY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Government Code provides that local governments may contract in order to increase the efficiency and effectiveness of the delivery of services to the general public, and WHEREAS, the Parker City Council has been presented with a document entitled"Rules of Engagement",proposed by the City of Wylie,for the use of a City of Wylie Fire Training Facility by the City of Parker Fire Department; and WHEREAS, the City of Wylie has requested an agreement to provide for payment of claims in the event of accidents, injuries, or damages to either personnel or property; and WHEREAS, the Parker City Council finds that the terms and conditions of the City of Wylie Fire Training Agreement, a copy of which is attached hereto as Exhibit A, are in the best interest of the City and should be approved; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARKER, COLLIN COUNTY, TEXAS AS FOLLOWS: SECTION 1. The City of Wylie Fire Training Facility Agreement(Exhibit A)is approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement and all other necessary documents in connection therewith on behalf of the City of Parker. SECTION 3. It is the intent of the City Council that each paragraph, sentence,subdivision, clause,phrase or section of this Resolution and the Interlocal Agreement attached hereto be deemed severable, and should any paragraph, sentence, subdivision, clause, phrase or section be declared invalid or unconstitutional for any reason, such declaration of invalidity or unconstitutionality shall not be construed to effect the validity of those provisions of this Resolution and its attachment left RESOLUTION #1008-02(A) Page 1 standing. DULY RESOLVED by the City Council of the City of Parker, Texas on this the day of October , 2002. C; APPROVED: - LetWrfa" ATTEST: c =� David Hammel, Mayor Betty Mc enamy, City Secretary James Shepher ity ttorney RESOLUTION#1008-02(A) Page 2 CITY OF WYLIE FIRE TRAINING FACILITY AGREEMENT STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS: This Agreement is made and entered into by and between the City of Wylie, Collin County, Texas and the City of Parker, Collin County, Texas. The City of Parker, agrees the City will maintain liability insurance sufficient to pay such claims as might reasonably be incurred by the City of Parker for such damages, losses or expenses which might result from its Volunteer Fire Department members entry upon and use of the City of Wylie's Fire Department Training Facility (the "Facility") and grounds located at 555 County Club, Wylie, Collin County, Texas, for the purpose of instruction and practice in fire fighting techniques. The City of Wylie does, pursuant to the terms of this Agreement and the Rules of Engagement of the Facility, hereby permit access to the Facility and grounds to the City of Parker, its Volunteer Fire Department, agents, and employees. SIGNED this S, ' day of Septemeoef, 2002. CITY OF WYLIE CITY OF PARKER By: By: �.Q% • David Hammel, Mayor AGREEMENT Page Solo WYLIE CITY COUNCIL AGENDA ITEM NO. D. January 28, 2003 Issue Consider and act upon a Final Plat for Lot 1, Block A of Anderson's Little Half Acre Addition (formally known as Lot 5 of McCord's Little Six Subdivision, an Addition not filed for record), being all of a certain 0.48 acre tract of land, located at 2811 F.M. 544, as recorded in a deed to Keith Anderson in Volume 4562, Page 972 of the Deed Records of Collin County, Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The Final Plat for Lot 1, Block A of Anderson's Little Half Acre Addition includes 0.48 acre and will create a single lot for Retail/Office uses. This property is located within the McCord's Little Six Addition, a subdivision that was never filed for record and therefore never legally platted. The property was zoned Business District (B-2) in 1989 and was rezoned to Corridor Commercial (CC) with the adoption of the new citywide Zoning Ordinance and Map in February 2002. A Site Plan for the proposed retail uses was approved at the January 21, 2003 Planning and Zoning Commission Meeting. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Site Plan and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. No additional Right of Way will be required to be dedicated for F.M. 544 with this plat. 3. A joint access easement has been provided on this plat to provide cross access to the adjoining tract to the east for future development in order to reduce the number of curb cuts needed. Board/Commission Recommendation At the January 21, 2003, Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat fLam• ,�/vr Prepared by Revs ed .y Finan - COMM(��1i Approval WYLIE CITY COUNCIL AGENDA ITEM NO. E. January 28, 2003 Issue Consider and act upon a Final Plat for the Avalon Addition Phase 1, being a certain 42.372 acre tract of land generally located south of Brown Street and west of Yreymer Lane(C.R. 432), being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create 109 single-family residential lots, 4.803 acres of public park land and additional right-of-way for the future widening of Kreymer Lane(C.R. 432) as well as several landscape areas to be maintained by the Homeowners Association. The subject property totals 42.372 acres in size. In July of 2001, the City Council initially zoned the subject property from Agriculture (A) District to Planned Development District(PD) for Single-Family Residential uses. The Preliminary Plat for the entire Planned Development was approved by the City Council on June 11, 2002. The subject property is being divided into two phases for Final Platting, including this Phase 1 (42.372 acres) and Phase 2 (28.2213 acres) which is also on the current agenda for consideration. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the Concept Plan approved with the Planned Development District and Preliminary Plat, and complies with all applicable technical requirements of the City of Wylie. 2. The required parkland dedication for 109 lots is 1.635 acres. The Preliminary Plat envisioned the dedication of a total of 6.8 acres of parkland within two parcels. A 4.803 acre park is located in this subject Phase 1 adjacent to the proposed elementary school site, and is partially occupied by an easement for an electric transmission line. 3. The Plat provides additional right-of-way for the future widening of Kreymer Lane. Board/Commission Recommendation At the January 7, 2003, Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Revie by Finance City Manage pproval WYLIE CITY COUNCIL AGENDA ITEM NO. F. January 28, 2003 Issue Consider and act upon a Final Plat for the Avalon Addition Phase 2, being a certain 28.2213 acre tract of land generally located south of Brown Street and west of Kreymer Lane (C.R. 432), being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create 86 single-family residential lots, 2.00 acres of public park land and additional right-of-way for the future widening of Kreymer Lane(C.R. 432) as well as several landscape areas to be maintained by the Homeowners Association. The subject property totals 28.2213 acres in size. In July of 2001, the City Council initially zoned the subject property from Agriculture (A) District to Planned Development District(PD) for Single-Family Residential uses. The Preliminary Plat for the entire Planned Development was approved by the City Council on June 11, 2002. The subject property is being divided into two phases for Final Platting, including this Phase 2 (28.2213 acres) and Phase 1 (42.372 acres) which is also on the current agenda for consideration. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the Concept Plan approved with the Planned Development District and Preliminary Plat, and complies with all applicable technical requirements of the City of Wylie. 2. The required parkland dedication for 86 lots is 1.29 acres. The Preliminary Plat envisioned the dedication of a total of 6.8 acres of parkland within two parcels. A 2.00 acre park is located in this subject Phase 2 and is located in the southwest corner of the tract and provides access to an off-site creek corridor which can be developed as a trail/open space connector. 3. The Plat provides additional right-of-way for the future widening of Kreymer Lane. Board/Commission Recommendation At the January 7, 2003, Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Revi ed by Finance City a r Approval WYLIE CITY COUNCIL AGENDA ITEM NO. G. January 28, 2003 Issue Consider and act upon entering into an Interlocal Agreement with Wylie Northeast Water Supply Corporation for the provision of backup support and repair services. Background Wylie Northeast has, on occasion, requested the assistance of City of Wylie staff for repair or maintenance within their system. Each time this has occurred, Wylie staff has kept track of man hours, as well as any parts or supplies used during the repair, and Wylie Northeast has promptly reimbursed the City. When assistance as been requested, staff has been sent as available. The Board for the Corporation requested that Cite agreement be formalized through an Interlocal Agreement, which was approved by the Corporation in December. If approved, the Agreement will be in effect for 1 year. Other Considerations The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Interlocal Agreement. Attachments Interlocal Agreement am_ Y j? 1lL77 eparec y Revi ed b Finance City Man pproval INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND WYLIE NORTHEAST WATER SUPPLY CORPORATION This Agreement is made on the day of , 2002, by and between the City of Wylie, Texas ("Wylie") Wylie Northeast Water Supply Corporation (the "Corporation"). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes units of local government to contract with one or more units of local government to perform government functions and services; and WHEREAS, the Corporation provides retail water services to its customers; and WHEREAS, the Corporation requests Wylie to provide support services to the Corporation; and WHEREAS, Wylie desires to provide support services to the Corporation; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provision of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, support services for the operation, maintenance or repair of the retail water system with the Corporation; and WHEREAS, Wylie desires to enter into an agreement with the Corporation to provide support and repair services to the Corporation as set forth herein; and In consideration of the mutual covenants contained herein, Wylie and the Corporation agrees as follows: I. SERVICES TO BE PERFORMED The Corporation desires to engage Wylie and Wylie desires to furnish support and repair services, including but not limited to,the repair, operation and maintenance of the service area of the Corporation upon request by the Corporation. II. DURATION OF AGREEMENT This Agreement shall become effective on the / day of javt.ttt.ry/ 20Q1, and shall continue in full force and effect thereafter for one (1) year at which timecit should be terminated. III. COMPENSATION INTERLOCAL AGREEMENT FOR EMERGENCY BACKUP SERVICES—Page 1 C:\My Documents\Miscellaneous\lnterlocal Agreement-Wylie Northeast Water Supply.doc The Corporation shall pay Wylie for the services referred to in Paragraph I at the hourly rate of Wylie employee(s)providing the service to the Company; said payment to be made within thirty (30) days of a service for Wylie. IV. RELATIONSHIP OF PARTIES The parties intend that Wylie, in performing services specified in this agreement, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. Neither Wylie, its agents, employees, volunteer help or any other person operating under this Agreement shall be considered an agent or employee of the Corporation and shall not be entitled to participate in any pension or other benefit that the Corporation provides to its employees. V. TERMINATION This Agreement may be terminated by either party upon thirty(30) days written notice to the other party at either party's sole discretion. VI. NOTICE TO PARTIES Any notice to be given hereunder by either party to the other shall be in writing and may be affected by personal delivery in writing or by certified mail, return receipt requested. Notice to the Corporation or Wylie shall be sufficient if made or addressed to the following: If to the Corporation: If to Wylie: General Manager City Administrator Wylie Northeast Water Supply Corporation City of Wylie, Texas P.O. Box 1029 2000 Highway 78 North Wylie, Texas 75098 Wylie, Texas 75098 Each party may change the address for notice to it by giving notice of such a change in accordance with the provisions of this paragraph. VII. MISCELLANEOUS PROVISIONS This Agreement contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing signed by both parties. INTERLOCAL AGREEMENT FOR EMERGENCY BACKUP SERVICES—Page 2 C:\My Documents\Miscellaneous\Interlocal Agreement-Wylie Northeast Water Supply.doc This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. No assignment of this Agreement or of any right accrued hereunder shall be made, in whole or in part, by either party without the prior written consent of the other party. Venue shall be in Collin County, Texas. The undersigned officer and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necescary resolutions extending said authority have been duly passed and approved and are now in full effect and force. EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. WYLIE NORTHEAST WATER SUPPLY CORPORATION By: } M+5) &1401-- Its: ', EST: , Secret CITY OF WYLIE, TEXAS By: Its: ATTEST: BARBARA SALINAS, Secretary INTERLOCAL AGREEMENT FOR EMERGENCY BACKUP SERVICES—Page 3 C:\My Documents\Miscellaneous\Interlocal Agreement-Wylie Northeast Water Supply.doc WYLIE CITY COUNCIL AGENDA ITEM NO. I . January 28, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial (CC)District to Multi-Family Residential (MF)District, generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning Case 2002-14) Background This item was from the November 12, 2002 City Council Meeting, and the applicant is requesting that it be tabled again until the February 25, 2003 Council Meeting. The applicant is aware that the request must be considered and acted upon or withdrawn on February 25, 2003. The request cannot be tabled a third time, but will be re-advertised. The applicant is requesting rezoning of the subject property from Corridor Commercial (CC) District to Multi-Family Residential (MF)District. The tract is 185 feet deep and fronts along Centennial Drive a distance of 1,625 feet, and totals 12.393 acres. It was created as a single lot in 1987 by the platting of the Woodlake Village Addition. The property was rezoned from Business-2 (zoned B-2 since 1986)to Corridor Commercial (DD)District in February of 2002 with the adoption of the City-wide revision to the Zoning Ordinance and Map. The subject property is bounded on the north by the railroad corridor, and these properties to the north are zoned for Industrial (I)uses and occupied by the railroad switching functions. Properties to the south across Centennial Drive are zoned Corridor Commercial (CC) District, and are undeveloped except for the 6 acre City of Wylie Municipal Complex. The property to the west across Eubanks Lane is developed for a retail use although it is zoned Agriculture (A), having been annexed into the City in July of 2002. The undeveloped property to the east across Spring Creek Parkway was re-zoned from Multi-Family Residential (MF)District to Corridor Commercial (CC) at the November 12, 2002 Council meeting. Public Comment Forms were mailed to thirteen (13) property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends Mixed Uses for the subject property, as a part of the State Highway 78 corridor. The Plan defines commercial, institutional and/or village Center residential land uses as appropriate for this Mixed Use category, either as separate free-standing developments or grouped combinations of these three types of uses. Industrial uses are not considered appropriate for the tract. Both the current Corridor Commercial and the requested Multi-Family Residential District are compatible with this recommendation of the Plan. 2. Due to the abutting constraints of the existing Centennial Drive and railroad corridors, the long, narrow tract cannot be expanded or reconfigured. This configuration, especially the shallow depth, limits the property's potential for commercial uses to a"strip" pattern of linear buildings with common access and parking. The isolated location of the property, to the -ear of larger properties fronting SH 78, limit its visibility and direct access from the major thoroughfare which is generally required by such small strip center retailing and offices. However, specialty goods and services clustered and concentrated on this tract could also compliment the larger retail developments fronting SH 78, and the larger commercial magnets could also provide the proximity spill-over support for such smaller retailers. Furthermore, the Corridor Commercial District, as did its predecessor the Business-2 District, allows some very intensive uses, quite compatible and related to uses such as are allowed within the adjacent Industrial (I) zone. 3. Both Multi-Family dwellings (apartments) and Single-Family Attached dwellings (duplexes and townhouses) are permitted within the requested Multi-Family (MF) District, and the size and configuration of the subject property can efficiently accommodate either of these housing types. The tract provides sufficient access for such high-density residential use and its limited visibility is not a liability to such development. However, residential use is likely not compatible with the activity of the railroad switching yard. The current level of rail transfer operations already generates significant levels of noise at all hours of the day but especially at night, and there is also potential for the generation of noxious fumes and light. These spill-over nuisances will increase with the anticipated increased utilization of the rail yard, and they must be controlled by whatever uses ultimately are developed on the subject property rather than by the railroad authorities. Any non-residential uses, such as the currently zoned Corridor Commercial, are more appropriate for and compatible with the railroad operations than are any residential uses - even high-density apartments. 4. There is a total of approximately 285 acres of land within the City of Wylie which is zoned to accommodate Multi-Family Residential uses. Currently, there are approximately 390 apartments within Wylie, and the Cascade Apartments currently under construction will add 180 units and the recently approved Bachon Townhomes will add 120 units. The subject tract could support approximately 185 dwelling units at the allowed density of 15 dwellings per acre. In addition to the subject tract and these under construction, additional City-wide MF zoning will allow an additional 760 MF dwelling units (32 acres in 5 parcels at 15 dwelling units per acre, plus 280 units allowed within the Bozeman Farms PD). If completely developed as zoned, apartments will represent approximately 8 percent of the developed land within Wylie and 3 percent of the City's total acreage. Such proportion of high-density dwellings is comparable to accepted planning standards and within the City's service capacity. 5. No specific uses are as yet planned for the tract, and review and approval of a site plan by the Planning and Zoning Commission will be required for either retail under the current Corridor Commercial zoning or high-density residences under the requested MF zoning. However, the site plan review can dictate only limited requirements other than those of the adopted code, and may not be sufficient to provide controls of the noxious spill-over characteristics of the railroad operations. 6. The common owner/applicant relates the subject request with the request to the previous re-zoning of the corner of SH 78 and Spring Creek Parkway from MF to CC, envisioning the two requests to be an equitable trade. However, although the two tracts do reflect similarities, they are not contiguous and the two cases are in no other ways related. Board/Commission Recommendation At the October 15, 2002 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend denial of this zoning change because the non-residential uses of the current Corridor Commercial zoning is more compatible with the adjacent railroad operations than are the requested residential use. Due to the recommendation of denial by the Planning and Zoning Commission, approval by the City Council will require a three-fourths (3/4) affirmative vote by the Council. The City Council opened the public hearing and reviewed this request on November 12, 2002. Discussion was tabled and the public hearing continued until the current meeting at the request of the applicant. The applicant now requests that the decision be tabled until the February 25, 2003 Council meeting (see attached letter). Staff Recommendation Denial of the requested rezoning. The non-residential uses of the current Corridor Commercial zoning are more compatible with the adjacent railroad operations than is the requested residential use. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Ordinance Location Map Notification List and Response Forms Applicant Letter Prepared by Revie 4j, by Finance City Ma pproval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2002-14 TO MULIT-FAMILY (MF) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of MF, Multi-Family District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. 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 7. 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 , 2003. By John Mondy, Mayor ATTEST: Aimee Nemer, Interim City Secretary Exhibit "A" Legal Description ZC #2002-14 BEING all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. II ,.P . 1 1.130).1011 Subject 16 Property %_)`• ....to vs->yzyc....„„ -•-.‘ . i ii ;.T i 1 O % i 1 .O %" O ,' I b co" ;• /j' 1 l % o r ;!' OpO; i r' -,4... ; =' =. o �tchiso i , i I .s" i._ f�ffi 1 � 3 _. ' 1 i Z i! ter 1 i i a 8 1 i 1 1 a., I ; I ; i L I ;! !` N N°. �a State Hi hwa No. 78 j S i ii i i i ; 1 j 1 1 1 I 1 ii i i i i i i i i :! i i i i i i r i Ire One — i' i I 1 I ( I I I ��� collie • i 1 I LVIJ l j » i i " I � f 4 o ce I ( � i 41 lire ~moo rive c A 11 I I I n1 iJjim . D i —air i _ a i i i i } i 1 1 I= ..1=1:=11 i LOCATION MAP • ZONING CASE #2002- 14 NOTIFICATION REPORT APPLICAN1 C.T. Beckham -Arapaho East,Inc. APPLICATION FILE #2002-14 5949 Sherry Lane, Ste 1225 Dallas,Texas 75225 # 3LK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 5949 Sherry Lane,Ste 1225 C.T. Beckham -Arapaho East, Inc. Dallas,Texas 75225 Wylie Woodlake Vllg 7557 Rambler Road #1023 1 Blk A Lot 1 R-2381-00A-0010-1 Wylie Woodlake Partners, L.C. Dallas,Texas 75231-2379 Wylie Woodlake Vllg 7557 Rambler Road #1023 2 Blk B Lot 1 R-2381-00B-0010-1 Wylie Woodlake Partners, L.C. Dallas,Texas 75231-2379 Wylie Woodlake Vllg 7557 Rambler Road #1023 3 Blk C Lot 1 R-2381-00CB-0010-1 Wylie Woodlake Partners, L.C. Dallas,Texas 75231-2379 Wylie Woodlake Vllg II Texas National Guard P.O. Box 5426 4 Blk B Lot 1 R-3166-00B-0010-1 Armory Board Austin,Texas 78763-5426 1271 Red Ball Trail 5 Abst 688-1 Tract 78 R-6688-001-0780-1 Charles Bunting Greenville, IL 62246-2774 P.O. Box C 6 Abst 688-1 Tract 85 R-6688-001-0850-1 North Texas Municipal Water Dist. Wylie, Texas 75098 5949 Sherry Lane,Ste 1225 7 Abst 688-2 Tract 194 R-6688-002-1940-1 Arapaho East, Inc. Dallas,Texas 75225 2000 State Highway 78 North 8 Abst 688-2 Tract 195 R-6688-002-1950-1 City of Wylie Wylie,Texas 75098 7557 Rambler Road #1023 9 Abst 688-2 Tract 198 R-6688-002-1980-1 Wylie Woodlake Partners, L.C. Dallas,Texas 75231-2379 5949 Sherry Lane,Ste 1225 10 Abst 688-2 Tract 202 R-6688-002-2020-1 Arapaho East, Inc. Dallas,Texas 75225 427 W. 12th Street 11 Abst 688-2 Tract 208 R-6688-002-2080-1 Kansas City Southern Railway Co. Kansas City, MO 64105-1403 427 W. 12th Street 12 Abst 688-2 Tract 51 R-6688-002-0510-1 Kansas City Southern Railway Co. Kansas City, MO 64105-1403 2000 State Highway 78 North 13 Abst 688-2 Tract 199 R-6688-002-1990-1 City of Wylie Wylie,Texas 75098 14 15 . . • .. o0, , ../../. ..,-•x.. 1 .- .. , 'R-• , / .. ... o . . ... 1.,c)..,..-- 4, ( / .- ,•./.ckeir: '' 0 / .. 1-1 / • ,.,." a‘_ .-- - . .. . -Fr Ng i • , 2 , .• • , , •• ., r\/... ,.• 0-,7 - 1 .......__••• •• •,, , •• , ----bison ..,-- cz. ..- t-uf" I 1_••A.tc .....• 0 , •• „ ..-. ce , .• .,..,c, ..,. >. , •• vs, viU0-51k-n)3° .-1111k, . , vow , •• , ....• • , '-' ,. .•' ,..- .,-- v.-A--- ---. .. -. :,'.--A 6,63-2 ...-• hh1 ,. : ....../•...,. :.,.., . _ ,............... .:...,..4_.„4,--...„.,, z,....i,.•, -,%-.,,, .i.... . -..,...:;:;.:-.1.,:':::::::::4 _., .. .-„„ „0. .•.7 •„, v.- . •• •-• •- -. , Tr. Igii- o•-•-...LY, ,."-'',-.4.41friL'',k :,4„it.,,..44,-,....„, '....- '... . ,14--;,-.r•- ,,,e;-\40...t•-• *,,'‘,, A:ifil..:1:3-,:i',:'..'- ' , . ,. ../ ...". - .,.0' ....••-- 'Apfj2.411 77-- 20Y , • , - ...• ••-- .. ,....„0- ,....4-Lwt „.. ...... . ..,..„.;-.3.,...„..„..,,,.-e--4,1..„4„.... -.,-- ., ' ''.. - '''Y•-•&.4..•,,','-lx",:,..t 7,-4-:,./Kx9>* ....,-,-- =:.---_,,;T'.:14.4'?'':'1,, ''.43-4.....Z'''':,'''''•• •01 ..... ..... *en • , ,. ._'. .C“'...•• Ger". I ,.. --... -. - ',,... .....,..4.- a . • .. Loi- I ..„ . , . --- . . - - 7.. „.... -- .,,,,,..- ,,......:....--et,-.1..,,,,,, •74P ':=::::;:',. ''. .•- . .. .----' ,-.,!,-'--......,,,1-72..,-.:>;,,,::'--,..- - ' C aos-r- D 0 -ireitiV. ---.• ....r. ,-,i .- _ '-- -- ,:-..-. ...•-es-...,,,.v; :e,,-- I i .., i,A, •-•._ - ,„,•.:, - ..•,•- •:,,i,•,.,,:•.-,• i . • K9.• • L.._ ., ., ..- i ..fr,„•. gi,,,,,,,,' ..„;,,,,to,,,,,f,‘• - ( 4 ( ':-u- (15 . - - .. ,, .1'. 3 ?:..':! ,--,7,, - . : 1 C) 1 I I I I • 7 II I u.1 I I 1.--i--------' State Highway No . 78 I • • I I I I I I I I I I I I , -.: I.._.._.._.._1._.._.._..1.._.._.._1_.._.._...:,.. I I I I I I: I I I I ( If JAN-03-03 12:26 FROM- T-103 P 01/01 F-600 January 3, 2003 n , Mr Claude Thompson `� 7 Z- 7 Z- Jl City of Wylie Planning Director 200 Highway 78 North Wylie, Texas 75098 Dear Claude, %a m at3e Za Z/,/ Arapaho East,Inc. has filed a Change of Zoni : request for approximately 12 acres situated along Centennial Drive,just north of he Wylie City Hall. This request was tabled in a previous City Council meeting a a was to be on the agenda for the next City Council meeting scheduled for January le, 0 03. However, Arapaho East's consultants that were to present revisions to the City Cou it are temporarily out of the country. Arapaho East request that the issue of rezonin: of the 12 acres be tabled for the January le meeting and placed on the agenda for the ylie City Council meeting which is scheduled for February 25, 2003. �krllw � o �� J 2f;,2aa S. re , / a5Cfr 4 G.T. S a ey'Beckham 4)* C T 'SPARKEY SECKMAM 5949 S11ERRf Lk tn225 / DAUAS,TX 75225 V1 214368.2223 )0P k ),\1\04,01:;,c „x tie Vn\l'Y iye;(e) 1( ,))/)fi.tit . rvik et (1/, ti�ti k� k WYLIE CITY COUNCIL AGENDA ITEM NO. a January 28, 2003 Issue Consider and act upon appointing a replacement to the Parks and Recreation Board for one unexpired term ending July of 2004. Background Ms. Lisa Williams was originally appointed to the Parks and Recreation Board in July 2000. She was re-appointed to the Board in 2002 for a two-year term. Ms. Williams did not attend three consecutive Parks and Recreation Board meetings, which is a violation of the attendance policy set forth by the Parks and Recreation Board Bylaws. Therefore, a replacement is needed to fill the vacancy of a term that will expire in July 2004. Financial Considerations N/A Other Considerations Article II, Section 5 of the Park and Recreation Bylaws states: Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Board/Commission Recommendation N/A Staff Recommendation N/A Attachments Attendance Record Park& Recreation Board Bylaws Applications on file Prepared by Re ' wed y Financ City pproval T Park Board Attendance July 2002-June 2003 Date E. Garner D.Chesnut I. Holmes A. Hiney D.Willey L.Williams L. Esquivel meet dates July P P P P NP P P 07/22/2002 Aug. P P P P P P P 08/27/2002 Aug. P P NP P NP P P 08/30/2002 Sept. P P P P P NP P 09/23/2002 Oct. NP NP P P P NP P 10/28/2002 Nov. P P NP P P NP P 11/18/2002 Dec. No meeting during the month of December Jan. Feb. March April May June Park tour-7/16/02 Updated January 21,2003 CITY OF WYLIE PARKS AND RECREATION BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 78-18. This body shall be known as the Parks and Recreation Board. ARTICLE II Meetings Section 1. The regular meeting of the Parks and Recreation Board shall be held monthly at the Municipal Complex council conference room unless the Board determines otherwise. Section 2. Special meetings may be called by the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 3. A majority of the members shall constitute a quorum at all meetings of the Board. Section 4. All questions presented for a vote of the Library Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Park and Recreation Board Bylaws January 21, 2003 Page 1 of 4 Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson, and a Secretary. Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Library Advisory Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings (ii) Represent the Parks and Recreation Board at public functions. (iii) Appoint special committees. (iv) Assist Parks and Recreation staff in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. (b) Vice-Chair: Park and Recreation Board Bylaws January 21, 2003 Page 2 of 4 (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) The secretary will be responsible for recording the minutes. (ii) The Assistant Superintendent will be responsible for distributing minutes to the, City Council, Parks and Recreation Board, and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Parks and Recreation Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Powers and Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b)Abide by applicable ordinances of the City of Wylie. (c) Act in an advisory capacity to the City Council. City Manager, and Parks and Recreation Staff. Park and Recreation Board Bylaws January 21, 2003 Page 3 of 4 (d) Recommend policies to govern the operation and program of the Parks and Recreation Department. (e) Assist in planning and give guidance for expansion of parks and recreation facilities. (f) Assist in interpreting the policies and functions of the Parks and Recreation Department to the public. Encourage in every possible way the development and advancement of the Parks and Recreation Department. ARTICLE VI Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least ten days prior to such meeting. Such amendment would then be subject to approval by City Council. Park and Recreation Board Bylaws January 21, 2003 Page 4 of 4 Aimee Nemer From --webserver©www.ci.wylie.bc.us Sent Tuesday, July 02, 2002 1:09 PM To:-- clyse 4ciwylie.tx.us StibjerF- hoards and Commissions Application ******************************************************************************* name: k<eM t m 5hcY " e _--iea - Board Brut is Develoment Corp. Board t i _bear: Board of Adjustment cub-comr s: Yes ho se_add: 209 Lochwood borne phone: 214-474-4747 home,#ax- h m-e-—email- aksticher@yahoo.com residenLy_ears: 2 how-sect: Home Phone recyouter: Yes_. bus_owner: No 03 bus_name: occupation: bus_addy: F Ibhone: bus_fax: bus_email: why: To-be-involved in the community. Aimee-Neater From:- - ebserver@www.ci.wylie.bc.us Seal Monday, July 29, 2002 1:59 PM '1�or -dtysec©ci.wylie.bc.us Wed:_ $OarTs and Commissions Application *.*.*************************************************************************** -name: Chris Pierce 002 =Est_boar Zoning Commission - -end Recreation Board tir�f_ =$oard of Adjustment Yes home;,:adely. 7 2 A 7 1 e rd 1 .. home_-,hg : 9 2=- =9332, 214-695-5498 (mobile) home=fa :- --Io _e -c_s_pierce@msn.com resitient_years: 3 how-contact: Home Phone reg_voter: Yes I 4)13 3 bus_owner: No I bu5_name: occupation -EngineeF bus_addc. _ ~Parkway,Sulte 204, Dallas TX 75287 bus_ e: 972-248-3006 bus_ a 9.72-248-385 5 bus_-emat-F: -pierce@lee-eng.com why: I feet that-tvtctiwincraew view into ihe-- -f'___---_'__'_--- fisrnrs i i'i Wylie for-three-years, I have-seen-f-he-C-+t is -a we'r as businesses expand into_our City:: -## ' ersity and I will be receiving _ -Wit- rs of experience in the fietdiaf , etc.) and the work I have dene-wit4 nts, ne1ttdt - ertation and other Citiesia-. -Te ... rave1earneck-varlaus=v�ra�c = =gavernmen s work. rtfeel rthat if appointedations of the City of Wylie. Boitds & Cotnmiioti AppIicifion Spring 200 2 Please return to the City Secretary's Office 2000 Highway 78 North, Wylie, Texas 7509.8 -- it Name: _ o (; 0, - ru • Please indicate your first,second and third preference below. Planning and Zoning Commission - Construction.Code Board •Zoning Board of Adjustment .. =Parks-&ReceationBoard LbraryBoard- Wylie Economic Development Corporation Board Ambulance Advisory Board es l , would be interested in serving on Subcommittees that may be formed. .;. Personal Information Occupational Information • Home Address: > 6/0.ry t,de. Business Owner? 0 Yes GE(-No Telephone: "a LI LI a y a 0 Business Name: Fax: -- E-mail: Occupation: I have been a Wylie Resident for 3 years Business Address: Registered voter? Stiles 0 No Telephone: Fax: E-mail: Please indicate briefly why you would like to be appointed to a Board or Commission: ki,L-L-f 6 oAtoe ifre a /;.- /ga 5Q441_{a ( X L,L it lam aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which h e ap lied,a woe co • er an alternate ap'ointment to a second or third service preferences fIP1 1� fp )/ Si azure e FOR OFFICE USE ONLY Date Application Received New Applicant? ❑Yes Flo If no,previously served on the Board/Commission ❑ Attended Applicant's Reception Year(s) ❑ Applicant Interview scheduled ❑ Appointment made to: Term Expires: ❑ Statement&Oath Complete ❑ No Appointment made at this time. Retain application until May 2003. Aiti e.Neater From --weebserver@www.d.wylie.bc.us Sent =Friday, May 24, 2002 1:58 PM To:-- -crtysecc.wylie.bc.us Subject:- $oaids ana Commissions Application **4-+*************************************************************************** name: Date ptiratinn• May 24, 2002 ffrst_boa -Board of Adjustment _ s _ Ambulance Advisory Board third-board: Parks and Recreation Board su _Yes -how-eddy: H-02 Spring Tide Drive liome_ptione: 214 - 474 - 0039 home_fw home-et i; greggjn@yahoo.com resident years: 1 how- contact: reg_voter: Yes bus_owner: No bus e: occupation: Homemaker bus_addy: bus_phone: bus_fax: bus_email: why: Having recentir _ J_would likelulrecome snore involved in my community. I find=- s-a-qreat--place-ta ,-anciTeec at women--you-c m u n ity to make your honazirryou Aso tiavtaauty lu serve in it. 1 WYLIE CITY COUNCIL AGENDA ITEM NO. 3 January 28, 2003 Issue Consider and act upon appointing a replacement to the Parks and Recreation Advisory Board for one unexpired term ending July of 2003. Background The Park and Recreation Board vacancy created by the resignation of Ms. Lisa Williams also created a vacancy on the Park and Recreation Facilities Development Board (4B). The 4B Board is required to have a representative from the Park and Recreation Board. Financial Considerations N/A Other Considerations Article II Section 1(b) states "...Places 5-7 are designated for Citizen Boardmembers, of which at least one of the members will be appointed from the Park Board, and one member appointed from the Library Board." Board/Commission Recommendation N/A Staff Recommendation N/A Attachments Board & Commission Member list gxtyy.ka\vniu. Prepared by Revi ed by Financ City Ma pproval CITY OF WYLIE 2002 BOARD AND COMMISSION MEMBERS AMBULANCE BOARD Staff Liaison Chief Shan English 972/4424111 r ORIGINAL CURRENT TERM PLACE NAME I ADDRESS HOME PHONE IWORK PHONE EMAIL Aiti .T. ppP►T. XPIt;EB 1 Randle Henry 3006 Springweil Pkwy, 214/474-0062 972/478-3273" the •+excel.corn I1/b1 7/02 7/04 2 Eric Hogue 102 N.Weatgete Way 972/442-6938 972/797-9409 eho• e• ci. ie.tx.us 7/01 7/01 7/03 3 Kenneth QuieSenberry 424 EIliptt 972/442-7472 972/216-6267 7/02 7/04 4 Sharon trongeard 217 Martin 972/442-9485 .972./429-7447 sharon.trongaard[cD_verizon.net 7/01 7/03 5 Warner Washington 621 Stoneybrook 972/442-0282 972/442-2765 7/02 7/04 CONSTRUCTION CODE BOARD Staff Liaison Building Official Dale Jackson 9721442-8151 1 Jess Calhoun 708 W. Georgetown Dr 972/442-6092 7/02 7/02 7/04 2 William Jowers 603 Haymeadow Dr. 972/442-1435 972/422-1210 7/02 7/02 7/04 3 Frankie Delgado ' 1011 Meandering Dr. 214/474-.10Q0 972/479-6594 frankie.deigadeftfnc.fuiitsu.com 7/01 7/01 7/04 4 Wayne Morman P.O. Botc137 972/4294207 972/424.6021 7/01 7/01 , T/03 5 Mike Phillips 407 Woodholltw 972/442-5714 214/837-3542 7/01 7/01 7/03. 6 Steve Repasky 316 S. Foteth Street 972/442-4301 972/392•0560 7/01 - 1/03 7 Frank Spingola $08Rustc Mace 972/442-6909 972/2477 1081 7/01 7/03 LIBRARY BOARD Staff Liaison-Library Director Mignon Morse 9721442-0.177 1 Pauline Akin 303 N. Keefer Drive 972/442-5091 •akin. ticnet.com 7/01 7/01 7/03 2 Liz Allen ' 108 S. Rustic trail 972/442-6358 972/205-4188 2/01 7/02 07/04 3 Shirley Burnett 327 S. Fourth Street 972/442-5767 shirlev426(aaol.com 7/01 7/03 4 Dan Hendrix 305 Meadow Court 972/442-9035 danhendrix€worldnet.att.net 7/t?1 7/03 5 Grace Morrison 118 Glen Knoll 972/442-1689 • -cem1@airmail.net 7/02 7/04 6 Adrian Sanchez 1304 Leeward Lane 972/442.9262 $72/761.2074 assanchez( fckc.gov 7/02 7/04 7 Kathy Seillyards 301 N. Jackson 972/442.0228 972/442-1942 kath •"II ardsr+eafthlink.net 7/01 7/03 PARKS AND RECREATION BOARD Staff Liaison-Asst.Parks Director Robert Diaz 974442.8197 1 Eugene Gamer 1010 Lake Dallas Dr. 972/429-2251. 7/02 7/02 7/04 2 Daniel. Chesnut 200 Picadilly Circle 972/442-1375 972/941-2145 aogienuts(a)aol.com 7/01 7/03 3 Leonard Esquivel 114 Martin 214/597-6986 ' 2/02 2/02 7/03 4 Anne Hiney 301 Cottonbelt 972/442-0370 anne hinevCcD_mac.com 7/02 . 7/04 5 Ivan Holmes 1508 Coral Reef Ln. 972/442-7586 214/718.7581 7/02 7/02 7/03 $ Vacant 7/02 7/04 7 David Willey 706 Nickelville 972/442-9127 972/562,0670 7 DwandDAWiileyCD_aabcom 7/02 7/02 7/04 PARKS AND RECREATION 4B BOARD 1 _Shirley Burnett 327 S. Fourth Street 972/442-5767 shine 4264+aol.co 7/01 7/03 2 Dan Chesnut 200 Picadilly Circle 972/442-0103 972/941-2145 a•• enut OE+aol.com 7/01 7/03 3 Vacant 2/02 2/02 7/03 4 Eric Hogue 102 N.Westgate Way 972/442-6938 972/797-9409 eho• e•+ci. ie.tx.us 7/01 7/01 7/03 . 5 John Mondy 114 Douglas 972/442-3882 972/578-2039 ma or•+ci. ie.tx.us 7/02 7/04 6 Chris Trout 708 Nickelville 972/442-2487 972/442-4235 ctrout•)ci. ie.tx.us 7/02 7/04 7 J.C. Worley 335 Donna Drive 972/442-1511 972/442-6293 'worle •+ci. ie.tx.us 7/02 7/04 c:1my otlice\City Secretary's Office0 and C\Member Data 7/02 CITY OF WYLIE 2002 BOARD AND COMMISSION MEMBERS ORIGINAL CUliRENT TERM PLACE' NAME ADDRESS HOME PHONE WORK PHONE EMAIL APPT. APPT. EXPIRES PLANNING AND ZONING BOARD Staff Liaison=Planning:Director'Claude Thorhpso 19721442-S48y- 1 Jeff Adamcik 222 Lake.Wichita Dr. 972/442-9521 972/442-5700 ieffadamcikahotmail.com_ 7/02 7/02 7/04 2 William Chapirriah 311 Wo©dhasllcw 972/442-2720 7/01 7/03 3 Michael . George 1020 C?akbrook 972/429 8533 214/890-9919 mike george waddill.com 7/01 7/03 4 Mike Failili(ps 411r WgocIi Igyv_ 97i/442. 714 14/88 -7591 4 pphillips1 t_c�i.aoLcom 4/01 7/0 7/04 5 Carter Porter 413'N,,C esttmprive 072/4 9-1 355 97,2/442-7652 burchell ftairmail.net 7/02 ' 7/04 6 'Tony Snider 809 Heathetwood 972/4 QQ37 972/429-0037 tonv..bethaote.net 7/01 7/03 7 Don Hughes , 408 Hilltop 972/442-1166 , 972/979-8993 7/02 7104 WYLIE ECONOMIC DEVELOPMENT CORPORATION BOARD Staff Liaison-;Sam Satterwhite 972/442-7901 1 Gary , Bowland 700 Westwirid Lane 972/442-1467 7/01 7/04 2 Marvin tiller .3$$;lbanhia►,l iiye '0'72t442-6 7/01 7/04 3 . Kevin 'Si, ..ohn 24;'Cedar itidgle 072/4a2.1041 7/00 7/03 4 Jc1hn Yr eper 402 VgoCHo,low 972((42-3123 7/00 7/03 5 Merrill , Y�oi ng 200 Westgate Way 972/442-,7ii1!3 7/00 7/03 ZONING BOARD OF ADJUSTMENTS • Staff Liaison Planning Director Claude Thompson 9721442-9159 1 Weldon Bulk ck 1820 McMillen Road 972/442-2859 7/01 7/03 2 Gerald 1 I k 505 QUail Creek ' 972M42- 3 7/01 7/03 3 Derrrlia d i lien _ Fool.Hillside Chive , ,214.474-01t�f 7/01 7/01 7/03 4 . Marilyn Herrera $00' o and 972 442-1. $ 7/02 7/04 5* Layne LeBaron 224 Ri,ish reelc � .(442-$ 7 7/01 7/02 7/04 6 Wayne Morrnan P. Box;21$72 97 t429- 07 972/424-6021 Mt 7/04 7* Eric Alexander 41 .C;3astdn 972( 291601 97V917-2387, guacomo e.ttuftverizon.net 7/02 7/02 7/04 *Denotes Alternate Please notify the City Secretarys Office of any chances in the information agave. • c:lmy oficeeCity Secreter/a OfficeIB and C1 Member bale 7/02 WYLIE CITY COUNCIL AGENDA ITEM NO. )4 . January 28, 2003 Issue Consider and act to approve the Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center Emergency Medical Service(ETMC)and the City of Wylie. Background The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Sachse, St. Paul,Murphy,Lucas,Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract originated in 1998. Since 1998,the agreement has been supplemented to ensure the best agreement possible between the City of Wylie and ETMC. Most recently,the Wylie Fire Department approached the Council regarding the possibility of the Wylie Fire Department supervising ETMC/EMS personnel. The Council suggested that the WFD proceed and return with an agreement with joint approval of WFD and ETMC management. The primary benefit of this proposed contract establishes ETMC employees reporting directly to the on-duty company officer of the Wylie Fire Dept. This will ensure ETMC utilize their time to the maximum with CE's, studying mapping coordinates,etc. as well as adding a three step Quality Control program. Other Considerations East Texas has indicated that there will not be an increase in the subsidy even though Sachse has indicated that they will start running their own service in October 2003. E.T.M.C. has also stated that they are willing to provide Murphy with a back-up ambulance at no charge. Both items are contingent on the Coalition's intention to renew the contract with East Texas. Financial Considerations N/A Board/Commission Recommendations N/A Staff Recommendation Staff recommends that Council approve the proposed Supplemental Agreement to Contract for Paramedic Ambulance Services. Attachments Proposed Supplemental Agreement to Contract for Paramedic Ambulance Services Proposed ETMC patch I Pre ��` p ared y Re i ed by Finance City proval SUPPLEMENTAL AGREEMENT TO CONTRACT FOR PARAMEDIC AMBULANCE SERVICES This Supplemental Agreement to Contract for Paramedic Ambulance Services ("Agreement") is entered into as of this day of , 2002 by and between the City of Wylie, Texas, a municipal corporation ("Wylie") and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service, a Texas not-for-profit corporation ("ETMC EMS"), (individually a"Party"or collectively the"Parties"). WHEREAS, in 2001 ETMC EMS and Wylie and other cities known as the Southeast Collin County EMS Coalition entered into a Contract for Paramedic Ambulance Services (the "Coalition Agreement"); WHEREAS, ETMC EMS and Wylie still desire to uphold and abide by the Coalition Agreement; WHEREAS, ETMC EMS will continue to provide Wylie with an ambulance and maintain it as currently agreed to by separate contract and referenced in Section 3.08 of the Coalition Agreement; and WHEREAS, ETMC EMS and Wylie wish to supplement the Coalition Agreement by entering into this Agreement that will impose additional conditions, obligations and duties upon the Parties hereto. NOW THEREFORE, in consideration of the terms and conditions herein contained, and for other good and valuable consideration,the Parties agree as follows: 1. Uniforms. ETMC EMS employees shall wear Wylie Fire Department uniforms when on duty in Wylie and/or when responding to calls within or on behalf of Wylie. 2. Regulations. ETMC EMS employees shall report to a company officer with the Wylie Fire Department for all shifts in which they will be responding to calls within Wylie. ETMC EMS employees shall abide by all Wylie Fire Department station rules while working such shift and shall abide by all ETMC EMS rules, regulations, policies and management direction, including but not limited to ETMC EMS's Policies and Procedures Manual. Wylie shall report all violations of any Wylie Fire Department rule or ETMC EMS rules, regulations, policies and management direction by an ETMC EMS employee to a representative of ETMC EMS for appropriate investigation, action and follow-through of enforcing said policies. 3. Independent Contractor. In performing this Agreement, ETMC EMS, and ETMC EMS's employees, is acting as an independent contractor with respect to Wylie, and no employees of ETMC EMS shall be considered employees of Wylie. It is agreed and acknowledged by the Parties that, as an independent contractor ETMC EMS retains the right to contract with and provide services to entities and individuals other than Wylie, and nothing herein shall be construed as limiting ETMC EMS's right to do so. In no - 1 - event shall this Agreement be construed as establishing a partnership, association, joint venture or other relationship between the Parties, and nothing shall authorize either Party to act as an agent for the other, except as authorized herein. Each Party shall be liable for its own debts, obligations, acts and omissions, including but not limited to payment of all required payroll, withholding, social security and other taxes and benefits. Neither ETMC EMS nor ETMC EMS's employees shall be eligible for any benefit received by Wylie's employees. 4. On Scene Response. When ETMC EMS and Wylie personnel are on the scene of a call, the ETMC EMS employees assume responsibility of all patient care at that scene. 5. Accompany ETMC EMS to Hospital. Wylie personnel agree to accompany ETMC EMS to the hospital when requested by ETMC EMS personnel. 6. Testing. Wylie Fire Department may assist ETMC EMS with skills testing and protocol testing of ETMC EMS employees. 7. Quality Control. Quality Control will be a three step process: 1) The initial review of all EMS runs shall be by the Wylie Fire Department's Quality Control Officer and any significant finding will be noted on a separate QI form which will be attached to the patient care report. 2)A secondary review will be by the ETMC EMS Director of Clinical Services. 3) All recommendations for improvement will be forwarded to the Wylie Fire Chief to assure patient confidentiality and to assure that all records are safely secured. 8. 990 Ambulance Paramedic. ETMC EMS shall provide a paramedic or EMT to Wylie whenever the paramedic or EMT assigned to the 990 ambulance is on vacation, out sick, or otherwise unavailable. The replacement paramedic or EMT will not be required to wear the Wylie Fire Department uniform. 9. Discretion to Use ETMC EMS Employees. Wylie shall have sole discretion in determining whether it wishes to use the services of any particular ETMC EMS employee provided to Wylie pursuant to this Agreement. Should Wylie decline the services of a particular ETMC EMS employee, ETMC EMS will immediately provide a qualified replacement of that employee. Wylie will have the discretion to assign to ETMC EMS employees duties relevant to EMS issues and co-habitation issues such as shared station duties as long as ETMC EMS employees can maintain a clean professional appearance and maintain a prompt readiness status. 10. Termination. Either party may terminate this Agreement by giving the other party sixty (60) days written notice of termination. 11. Indemnification/Hold Harmless. ETMC EMS shall indemnify and save harmless Wylie and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or -2- property, arising out of, or occasioned by, the acts of EMTC or its agents or employees, in the execution or performance of this contract. 12. Miscellaneous Provisions. a) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the parties shall be as follows: If to Wylie: Wylie Fire Department Attn: Chief Shan English 2000 Highway 78 North Wylie, Texas 75098 If to ETMC EMS to: East Texas Medical Center EMS Attn: Anthony J. Myers, Vice President/COO P.O. Box 387 Tyler, Texas 75710 b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. fl Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each -3 - individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Sovereign Immunity. The parties agree that Wylie has not waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. k) Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF WYLIE, TEXAS, a Municipal Corporation By: Date: Biff Johnson Its: City Manager EAST TEXAS MEDICAL CENTER d/b/a EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE a Texas not-for-profit corporation By: Date: Anthony J. Myers Its: Vice President/COO -4- .:-I--'—^II 1 I 11111 11.-„. : ''' '''''' :I.'. 1' . ........ , ........ ._.. ..1. 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'Nit ' I -1. f • '-' :/.1..-e. .0* ," _ + k , . • ,,...:•.;'.;'''!"•1' ,„•::,;:,,.,:::' i Ail, $ ........ 1',1S ......., ! . i 47 ' ; . , ... - '.ril pasta*......- • ,,, .d 4 - i , I ,„! .. . ., . .... --, , A 1. 1 .:4; " •,... °‘ej , ,`/ '• ,_„, -.,„... ••-- N1/47 WYLIE CITY COUNCIL AGENDA ITEM NO. 5. January 28, 2003 Issue Consider and act upon adopting the new Parks, Recreation and Open Space Master Plan prepared by Carter and Burgess, Inc. Background The Parks, Recreation and Open Space Master Plan process began in the fall of 2001. The goal of the Master Plan is to assist the City of Wylie Parks and Recreation Department with establishing a set of priorities for future growth. Development of the plan utilized citizen input through mail and internet surveys, task force participation, and input from focus groups. The previous Parks, Recreation and Open Space Master Plan was completed in January 1995 and would generally be considered out of date when utilized for grant purposes. The Texas Parks and Wildlife Department recommends that municipalities develop a new or updated master plan every three to five years. Following City Council ado!:don, the Texas Parks and Wildlife Department must approve the plan. Afterwards, they will use the master plan in conjunction with the City's future grant submittals to their office. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Parks and Recreation Board adopted the master plan at their regular meeting Monday, November 18, 2002. Staff Recommendation The Planning Department, City Manager's office, and the Parks and Recreation Department have reviewed the master plan and recommend approval. Attachments The Parks, Recreation and Open Space Master Plan (all Council members should have received a copy for review during the week of December 16, 2002). Prepared by Revi w d by Finance City Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 6 January 28, 2003 Issue Consider and act upon adoption of the Single Family Residence Licensing Ordinance. Background The Single-Family Residence Licensing Ordinance requires owners of one and/or two family dwellings, which are used as rental properties, to apply for and obtain a license from the City prior to leasing or renting a property. The purpose of the ordinance is: 1. To prevent the occupation of sub-standard housing. 2. To encourage compliance with all City building, elf..trical, plumbing, health, zoning, and minimum housing code standards in rental property. 3. To protect renters. 4. To be a proactive tool to prevent neighborhood decay. 5. To reduce the number of residential fires. In other jurisdictions this tool has been utilized in a way that has had a positive impact on the crime rate (in the long term), and created accountability for minimum housing standards where none had previously existed. The result is reversing the ill effects of neighborhood decay in some cases and preventing neighborhood decay in others. The council is asked to make the passage date of the Ordinance 180 days from the day this item is considered (July 28). This time period will be used to notify residents and identify rental property owners. All residents of Wylie will be notified of the ordinance and the requirement to apply via a notification letter sent out with the water bill. Residents will also be sent a letter of notification of the new Ordinance and notification will also be published in the City Newsletter and the Wylie News. Additionally utility records will be checked against deed records to help identify rental property owners. The effective date of the ordinance will be thirty(30) days after the passage date, and rental property owners will have an additional sixty (60) days to apply for a license. If council takes action on the Ordinance on Jan 28, 2003 and sets a passage date of July 28, 2003 rental property owners will have until late October 2003 to apply for a license. The inspections will be conducted by the City Code Enforcement Department. No action will be taken against any rental property owner unless they have had ample notification of the requirements of the Ordinance and ample time to come into compliance. Financial Considerations A mail out of notification to all residents should cost less then $800. We are estimating that the Code Enforcement Officer will spend approximately one-third of his time enforcing this Ordinance during the first year. This should not involve hiring additional staff at this time. Staffing needs will continue to be evaluated each year during budget review. Based on the 2000 Census, 17% of homes are rental properties in the City of Wylie. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends passing the proposed Single Family Residence Licensing Ordinance to take effect 180 days from the signing of the Ordinance. Attachments A copy of the proposed Ordinance Information about success that other cities have had with a similar ordinance. Prepared Reve ed by Finan•e City Man Approval CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING SINGLE FAMILY RESIDENCE LICENSING REGULATIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 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 establish Single Family(SF)residence licensing regulations as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. For the purpose of this Ordinance,the following words and phrases shall mean: A) Code Enforcement Officer - The Code Enforcement Officer of the City, or his/her designated representative. B) City- The City of Wylie, Texas. C) Dwelling Unit—One(1)or more rooms designed to accommodate one(1)family and containing only one (1) kitchen plus living, sanitary and sleeping facilities. D) Family — An individual or two (2) or more persons related by blood, marriage or adoption; or a group of not more than five(5)persons, excluding servants,who need not be related by blood or marriage, living in a dwelling unit. E) Landlord - Any owner, resident or non-resident, who leases or rents his/her single samily residence to another. F) Lease or Rent -Any agreement, written or oral, which gives rise to a relationship of landlord and tenant. G) Non-Resident Owner-Any person who does not live, stay or dwell in a single family residence, which he owns. Also referred to herein as an "Applicant" and/or "Licensee". SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE-Page 1 A:\SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE.DOC H) Owner-A person claiming,or who is vested,the ownership, dominion or title of real property, including, but not limited to: 1) holder of fee simple title; 2) holder of life estate; 3) holder of a leasehold estate for an initial term of five(5)years or more; 4) the buyer in a contract for deed; and/or 5) a mortgagee, receiver, executor or trustee in control of real property. I) Person-Includes an individual, corporation,business trust, estate, trust, partnership or association, two or more persons having a joint or common interest or any other legal or community entity. J) Premises - A lot, plot or parcel of land, including, but not limited to, any structure thereon, a dwelling unit, appurtenances thereto, and grounds and facilities held out for the use of tenants generally, and any other area or facility, the use of which is promised to the tenant. K) Property Manager - A person who, for compensation, has managing control of a single family residence for a non-resident owner. L) Resident Manager-A property manager or agent of a property manager who resides in the single family residence. M) Resident Owner-Any person who lives, stays, or dwells in a single family residence, which he owns. N) Single Family Residence - A single family residence as referred to in this Ordinance shall include: 1) Single Family Dwelling (detached)—One (1) dwelling unit located on a lot. 2) Single Family Dwelling(attached) -A dwelling unit attached to one or more dwelling units where each dwelling unit is located on a separate lot. Attached single family dwelling units may include, but not be limited to, duplexes, townhouses, four-plexes, etc. 3) Two Family Dwelling—Two (2) dwelling units on a single lot. 0) Single Family Residence License- The license issued by Code Enforcement Officer pursuant to this Ordinance and referred to as the "License" in this Ordinance. P) Single Location-Property held in common ownership that is compact and contiguous property separated only by public streets. Q) Tenant - Any persons who occupies a dwelling unit for living and/or dwelling SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE-Page 2 A:\SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE.DOC purposes with the landlord's consent. SECTION 3: LICENSE REQUIRED/ASSUMED NAMES. A) It shall be unlawful for any Non-Resident Owner to Lease or Rent a Single Family Residence in the City without a current and valid License having been issued for said Single Family Residence. B) A Non-Resident Owner, or the Non-Resident Owner's authorized agent, of a Single Family Residence shall file with the Code Enforcement Officer any and all trade names and/or assumed names under which he/she operates with respect to the Leasing or Renting of each Single Family Residence. SECTION 4: LICENSE APPLICATION/ISSUANCE, RENEWAL AND EXPIRATION. A) An Applicant for a License shall file with the Code Enforcement Officer a written application upon a form provided for that purpose which shall be signed by the Non- Resident Owner, or his/her agent, or the Property Manager or Resident Manager, if there be such. Should an Applicant own more than one(1) Single Family Residence, which he/she Leases or Rents, each property shall be listed on the application and License. The following information shall be required on the application: 1) name, address and telephone number(s) of Non-Resident Owner, Property Manager, Resident Manager, Mortgagee (if there is a mortgage against any subject property); 2) trade name and/or assumed name, address and telephone number ofNon-Resident Owner; 3) name, address and telephone number of each registered agent in case the Applicant is a corporation or other business entity; and 4) acknowledgment of receipt of a copy of the "Single-Family Residence Licensing Ordinance" and agreement to abide by same as a condition to receiving and maintaining a License. B) Non-Resident Owners Leasing or Renting a Single Family Residence(s) on the effective date of this Ordinance shall apply for a License within sixty(60)days of the effective date of this Ordinance. C) All Licenses shall expire twelve(12)months from the date of issuance of the License, at which time a new License must be obtained and any and all applicable fees remitted. D) The Code Enforcement Officer may, at any time, require additional relevant information of the Non-Resident Owner and/or Property Manager to, in the Code Enforcement Officer's sole opinion, clarify any item on the application. SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE-Page 3 A:\SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE.DOC E) The Code Enforcement Officer, or his/her designee, may inspect the Premises for which an Applicant has requested a License to ensure the Premises is in compliance with all City codes and ordinances, prior to issuing or renewing any License. F) The Non-Resident Owner shall notify the City, in writing, within thirty(30) days of changing ownership, the Property Manager and/or Resident Manager of the Single Family Residence. Upon changing ownership, the Property Manager and/or the Resident Manager of the Single Family Residence, a new License must be obtained within thirty(30) days of the effective date of the change of ownership, the Property Manager and/or the Resident Manager. A new annual period shall begin upon the issuance of the new License. SECTION 5: LICENSE FEES/REPLACEMENT FEE. A) Annual fee for a License: 1) One(1)Rental Property $ 25.00 2) Two (2) or More Properties $100.00 B) Replacement fee for a lost, destroyed or mutilated License $ 20.00 SECTION 6: LICENSE REPLACEMENT AND TRANSFERABILITY. A) A replacement License may be issued for a License that is lost, destroyed or mutilated upon application on the form provided by the Code Enforcement Officer. A replacement License shall have the word "Replacement" stamped across its face and shall bear the same number as the one it replaces. B) A Single Family Residence License is not assignable or transferable. C) The form of the License shall be prepared by the Code Enforcement Officer. SECTION 7: LICENSE STANDARDS. Continued maintenance and observance of the standards contained in this section are conditions that shall be complied with in order to retain a License and to obtain any renewal of a License. A) It shall be unlawful for any person to permit and/or allow more than one(1)Family to reside in any Single Family Residence Dwelling Unit. B) All City building, electrical, mechanical, plumbing, health and zoning ordinances and codes, as well as any other applicable ordinances and codes shall be complied with at all times. C) Licensee shall keep current records that reflect the following information: SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE-Page 4 A:\SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE.DOC 1) names of all Tenants occupying each Dwelling Unit; 2) name of the head of the household occupying the Dwelling Unit; 3) degree, if any, of the relation, by affinity or consanguinity, of the Tenants in each Dwelling Unit to each other. Said records shall be available for review by the Code Enforcement Officer during regular working hours after providing reasonable notice to the Licensee. D) Upon acquiring additional property or properties for the purpose of Leasing or Renting,the Landlord shall immediately notify the City in writing. Failure to comply with this subsection will constitute a violation of this Ordinance, and a penalty will be imposed,in accordance with this Ordinance,for each and every property not reported. SECTION 8: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 10: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 11: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of 2003. JOHN MONDY, Mayor SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE-Page 5 A:\SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE.DOC ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS City Secretary DATE OF PUBLICATION: in the SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE-Page 6 A:\SINGLE-FAMILY RESIDENCE LICENSING ORDINANCE.DOC Howard County D.I.L.P.: Permits, Rental Property License Page 1 of Dcp irrnlent [)1 Search... fcr, Inspections/Licenses/PermitS Advanced Searchin HCVJARD C )i., `( P1ARVLA.ND GOVERNMENT Home I Site Directory lCon Click here for a lool DILP Home RENTAL PROPERTY LICENSE the Rental Housing permits fee schedu About Us... Rental Housing Licenses are required under Fees... Title 13, Subtitle 1 of the Howard County Code to preserve the quality of rental housing in Plan Reviews... Howard County. Permits... Building Permit PERMITTING AGENCY Electrical Permit Grading Permit DEPARTMENT OF INSPECTIONS, LICENSES AND PERMITS Plumbing Permit 3430 COURTHOUSE DRIVE HVAC Permit ELLICOTT CITY, MARYLAND 21043 PH (410) 313-2455 State Highway FAX (410) 313-3322 Approval Occupancy Certificate WHEN IS A LICENSE REQUIRED Water/Sewer Connection Every dwelling or dwelling unit in Howard County not occupied solely by the owner or Rental Property owner's immediate family must be licensed. License Examples include dwellings occupied by Fire Protection boarders, roomers and renters. Permit Licenses are required for rented dwellings Planning & Zoning such as: Approval Excise Tax • Apartments • Single family homes Well Permit • Townhomes • Condominiums Septic System • Duplexes Permit • Mobile homes Sign Permit Licenses are required for facilities such as: Licenses... • Group Homes Inspections... • Sheltered Care • Assisted Living • Hotels • Motels • Bed and Breakfast Inns http://www.co.ho.md.us/DILP/Permits/Permits_Rentalpropertylicense.htm 12/3/2002 Howard County D.I.L.P.: Permits, Rental Property License Page 2 of 5 PRIOR TO APPLYING FOR A RENTAL LICENSE • Applicant must be the property owner, or authorized agent for the property owner • Out of state owners are required to designate a local agent • Smoke detectors are required to be installed on all floor levels; Hardwired smoke detectors are required in most instances. • Operable exterior window are required in every bedroom and must meet egress requirements HOW TO APPLY AND WHAT TO EXPECT Rental license applications are available from the Licenses and Permits Division of the permitting agency. Once application has been accepted and fees paid, a letter will be sent to the property owner/agent notifying them to contact the Housing Inspector to schedule an inspection of the rental property. Inspection includes, but not limited to: • Properly installed and maintained smoke detectors • Structural deterioration (holes in walls, windows, floors, deteriorated foundations, chimneys, etc.) • Proper light and ventilation • Properly operating plumbing fixtures • Adequate storm water drainage • Accumulation of garbage or rubbish on grounds or in dwelling unit • Roach or rodent infestation • Properly installed and maintained heating facilities, water heater and electrical wiring • Proper location of exit(s) • Dangerous storage of flammables • Overcrowding When the inspection has been completed, the inspector will provide a copy of the inspection results to the owner/agent. If there are no deficiencies, the approved application is given to the owner/agent and the Rental License will be issued. If deficiencies are discovered, a time limit for correction will be determined and a http://www.co.ho.md.us/DILP/Permits/Permits_Rentalproperty_license.htm 12/3/2002 Howard County D.I.L.P.: Permits, Rental Property License Page 3 of date for reinspection set, prior to the issuance of the license. LEAD BASE PAINT ABATEMENT REQUIREMENTS Licenses have been required since 1963 in Howard County for any dwelling, townhouse, or apartment not occupied by the owner or the owner's immediate family. While we refer to the license as a "rental" license, the requirement applies whether or not rent is paid for the unit. Examples requiring Howard County licenses include farm tenacies, house sitting, or other arrangements where accommodations are supplied. Under Maryland law only those properties where rent is paid must comply with regulations relating to lead paint. Thus, farm tenancies require a Howard County license but do not require compliance with lead standards. In order to obtain or renew a rental license for any house or apartment, Section 305.4 of the Howard County Property Maintenance Code requires compliance with Maryland Department of the Environment (MDE) standards relating to lead paint. We will not issue a rental license until we receive evidence of satisfactory compliance with MDE requirements as follows: • Have a current valid registration for all units filed with MDE (the registration forms must be accurately and completely filled out, signed, and dated.) Registration must be renewed annually. (Also supply a copy to Howard County Housing Code Administrator.) • Provide the United States Environmental Protection Agency EPA) pamphlet, "Protect Your Family From Lead In Your Home" and MDE's Tenant Rights Notice, to all tenants. (Both documents available from MDE. This information should be provided to all tenants at least every two years.) • Obtain an inspection certificate showing each and every unit that has had a change in occupancy since February 23,1996, meets the full risk reduction standard. Provide a copy of the inspection certificate to each http://www.co.ho.md.us/DILP/Permits/Permits_Rentalproperty_license.htm 12/3/2002 Howard County D.I.L.P.: Permits, Rental Property License Page 4 of tenant upon the execution of a lease or the inception of tenancy. (Also supply a copy to Howard County Housing Code Administrator.) • Obtain inspection certificates showing that at least 50% of your units meet the full risk reduction standard, regardless of whether there has been a change in occupancy in those units. (Also supply a copy to Howard County Housing Code Administrator All work required to come into compliance with State law must be done by an Accredited Supervisor and trained workers. Tenants may NOT be in the work areas and pregnant women and small children may not enter or remain in the dwelling at any time while the work is performed, including times when work is not in progress. A list of accredited lead paint inspection contractors is available through the Department's website www.mde.md.state.us or type in a search engine "Maryland Department of the Environment". Information can also be obtained by telephone at 410-631- 4199 or 1-800-776-2706. Owners of residential rental units built between 1950 and 1978 may elect to voluntarily comply with the Full Risk Reduction Standard and qualify for limited liability Proper compliance with Maryland Law provides a level of protection for the residents and guests of residents of these homes. Compliance also limits the liability of the property owner. If properties are well maintained they may require little work to comply with Maryland lead laws. WHO TO CALL FOR ASSISTANCE • Application and Licensing Information 410-313-2455 (Licenses and Permits) • Housing Inspections 410-313-1830 • Fax Number 410-313-3322 • TTY 410-313-2323 http://www.co.ho.md.us/DILP/Permits/Permits_Rentalproperty_license.htm 12/3/2002 Howard County D.I.L.P.: Permits, Rental Property License rage D or Top I Conditions of Use I Privacy Policy I Website Accessibility ©Copyright 2002- Howard County, MD Government. All Rights Reserved. http://www.co.ho.md.us/DILP/Permits/Permits_Rentalproperty_license.htm 12/3/2002 Phoenix Police Online -Harold L. Hurtt Police Chief Page 1 of 4 E GEF'_FTb1ENT EF, I_E= Er1 U= i L'EF4 T E E 1EET1r1 i,H :T'S NE-vc HOn Search , y, Community Programs Unit -Abatement Information Provided by the Police Department Abatement Detectives and Their Job Duties Police Main Page Each of the six police precincts has an Abatement Detective.These detectives On This Page are responsible for numerous job duties including the following: Slumlord Task Force • Investigate nuisance properties in the precinct II Abatement ♦ Prepare Crime Abatement reports to be filed with the City Prosecutor's ► Incident Reduction Office E Rental Property ♦ Enforcing the city sign ordinance Registration • Enforcing the state rental property registration law ► Signs in the Right- * Writing administrative search warrants in conjunction with the of-Way Neighborhood Services Department • Attending Slumlord Task Force meetings and providing statistics on properties in the precinct Related Information ♦ Work with the precinct Crime Free Multi-Housing officer On this Site: ♦ Assist the precinct NET teams with problem properties 11 Investigate and make recommendations on liquor license applications in Is. Phoenix the precinct Neighborhood Patrol ♦ Report blighted properties to the Neighborhood Services Department p Block Watch ♦ Deal with problem properties in the precinct ♦ Work with property owners to solve problems on troubled properties in the precinct On the Internet: Maricopa County Assessor's Office 111. Maricopa County For area coverage map and contact information Click here. Attorney's Office Ilk Rental Registration Precinct Abatement Detectives Form Ilk City of Phoenix ',. Mike Oolman Ne ghborhood A. Services Department C.J. Wren Diane Martin Matt Heaps Brian Kornegay Arnie Kohl Coordinator Detective Dan Elting Police Headquarters 620 W. Washington Street Phoenix,AZ 85003 Phone- (602) 256-3201 Partnerships Precinct Abatement Detectives work closely with the Crime Free Multi-Housing officers in the precinct. Some of the other police personnel the Abatement Detectives work with include patrol officers, community action officers, neighborhood enforcement team officers and neighborhood narcotics officers. The detectives liaison with other city departments and county and state agencies attempting to promote positive changes in the community. Some of http://www.ci.phoenix.az.us/POLICE/abatel.html 1/7/2003 Phoenix Police Online -Harold L. Hum Police Chief Page 2 of 4 the agencies and departments the detectives work with include: ♦ Patrol officers • NET teams • Drug Enforcement Bureau • City of Phoenix Neighborhood Services Department • County Health Department # City Prosecutor's Office �► County Attorney's Office • Housing and Urban Development ."' View Before and After pictures of two properties that have been improved through the efforts of Phoenix Police Abatement Detectives Click Here ref Slumlord Task Force Formed in 1998, the Slumlord Task Force is dedicated to combating slum conditions throughout Maricopa County. Through intergovernmental partnerships, the Task Force is able to target problem properties, while providing outreach and educational programs to willing participants. Agencies involved include: • Police ♦ City and County Prosecutors • County Health Department • City Neighborhood Services Inspectors • Housing Authorities and others Some of the resources offered to property owners include training in the Crime-Free Multi-Housing program and landlord/tenant law training, and Crime Prevention Through Environmental Design (CPTED). Property owners are also provided with training on current crime trends and prevention methods. All training offered to property owners and their employees is available at no cost to the participants. Although the primary objective of the Slumlord Task Force is to encourage property owners to voluntarily comply with state and local laws, the Task Force is equipped with an enforcement component. Types of enforcement that may be pursued are crime abatement investigations, administrative search warrants, directed law enforcement and rental property registration enforcement procedures. Additionally, other state and local agencies are provided with training and information on a proactive basis. Members of the Slumlord Task Force go to other agencies and provide training on current laws dealing with crime and blight ridden properties. By performing these functions, the Slumlord Task Force has been able to positively impact troubled rental properties in Arizona by reducing crime and blight in the various communities. The Maricopa County Slumlord Task Force has received national recognition by former Attorney General Janet Reno as a national model for law enforcement. Since then, several local agencies have adopted the model and have had success with solving problems within their own communities. The task force continues to strive to improve the living conditions in the greater Phoenix area through education and enforcement activities. http://www.ci.phoenix.az.us/POLICE/abatel.html 1/7/2003 Phoenix Police Online -Harold L. Hurtt Police Chief Page 3 of 4 Abatement The ultimate goal of Abatement is to rid a property of crime and/or blighting conditions. This is done by means of lawful notifications to owners, personal contacts with owners/managers and the use of administrative search warrants (MS Word DOC). Crime abatement can be a long, onerous process requiring many months and up to years to complete. Crime abatement statutes(ARS 12-991 through 12-999) require owners of property to take actions that are reasonable and necessary to reduce/eliminate the crime occurring on their properties. The property owner must be sent an official notice (MS Word DOC) and copies of report numbers to begin the process. If no action is taken, the property owner faces an ultimate penalty of a class 5 felony charge in residential property cases, a class 6 felony charge in commercial property cases, a $10,000 fine, and the possibility the property will go into receivership. 74 • Incident Reduction on 107 Abated Properties ®Arresls8efore 1500 . 12.12 lairlair Ill Arrests Mier 1 i 00epa4rrentalReGortS 0 S00 � _ + Before ; ... 1I ❑DepadmertalReports 0 — A11er Incideres en 107 Prop:des ®Arrests Before 920 III Arrests After 154 ❑Depart rrertal 1242 Reports8etore ❑DepaArrenet 311 Rental Property Registration In compliance with A.R.S. § 33-1902(A): an owner of residential rental property shall maintain with the Assessor in the county where the property is located information required by this section in a manner to be determined by the Assessor. Pursuant to A.R.S. § 33-1902(B): an out-of-state owner of residential rental property shall designate and record with the County Assessor a statutory agent who lives in this state and who will accept legal service on behalf of the owner. If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, include the name, address and telephone number of the business entity and the statutory agent. A person who fails to comply with any provision of this http://www.ci.phoenix.az.us/POLICE/abatel.html 1/7/2003 Phoenix Police Online -Harold L. Hurtt Police Chief Page 4 of 4 section shall be assessed a civil penalty of one thousand dollars, plus an additional one hundred dollars for each month after the date of the original violation until compliance occurs. Violations of the code may be reported to the Rental Property Registration Hotline at (602) 262-7844. Signs in the right of way Posting signs in the right of way is a violation of Phoenix City Code 3-6. Each sign is a separate violation punishable by a fine of between $250 and $2500. Violations of this Phoenix City Code should be reported to the Illegal Sign Hotline at (602) 534-7100. Police Headquarters-620 W.Washington Street, Phoenix,AZ 85003 Information Desk (602)262-7626 Web Unit I E-Mail the Police I Site Map Back I Contact Us I Privacy Policy ©Copyright, 2003,City of Phoenix Last Modified on 11/01/2002 10:46:47 i http://www.ci.phoenix.az.us/POLICE/abatel.html 1/7/2003 6v;sil":.„t XH rr ..Ir wr.r. r I INII+HHI �c I.itiJc�r. tr#Nazis AS n'>ffiy$•�!3.t��rw 1> o^7tILr:. °''+v.v RAPIO 14A:JS l i Ra I .v:L C...w. r i �.t1 S, ..,44, LiN LROAD1�1:latert74:— .r.:. IloYval•I$'It.i.Vs 'al IL,YO�d 'ir:t1 �:b.�.�:r. f'� 1!'1 AP•ti W' t•O . v rrg: IIr♦1 —��- T sw 09•�•! !l9 J6. •RM ct•t •D 1• [•. 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