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08-09-1994 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex August 9, 1994 7:00 p.m. CALL TO ORDER INVOCATION - Kirk Taylor, First Baptist Church of Murphy PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Consider Approval of the Minutes of July 26, 1994 2. Consider Approval of Ordinances Annexing the following Properties Surrounded by But Not Located Within the City Limits of the City of Wylie: Ordinance 1: S. Ballard St. North of Fire Station; Abst. 23, Tr. 32, 0.50 a. Owner: Fredrick W. Kern III, 1305 S. Ballard Ordinance 2: S. Ballard St. North of Fire Station; Abst. 23, Tr. 33, 0.50 a. Owner: Ernesto Almodovar, Box 1115, Wylie Ordinance 3: SW Corner of Brown and W.A. Allen (Eubanks); Abst. 688-5, Tr. 115, 1.995 a. Owner: Bobby Bunch, 1012 E. Brown (may have changed in December 93) Ordinance 4: E. Brown Next to Shiloh Baptist Church; Abst. 688-4, Tr. 107, 1.115 a. Owner: Eduardo De La Fuente, P.O. Box 1060, Wylie Street Address: 930 E. Brown Ordinance 5: Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tr. 71, 2.08 a. Owner: Robert Lee Freeman and Lorene Virginia Hade-Freeman, 3065 Cameo Ln, Farmers Branch, TX 75234-3607 Street Address: 712 Linda Lane Ordinance 6: Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Ordinance 73, 1.699 a. Owner: James E. Holt and Barbara G. Holt, 103 Moonlight Dr, Plano, TX 75094 Street Address: 702 Linda Lane Ordinance 7: Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 10. 1.717 a. Owner: Edgar L. Dement, 1000 Wilson Rd., Wylie, Texas 75098 Street Address: unknown Ordinance 8: Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 2 and 3, 5.367 a. Owner: Janelle Rothenberger, 331 Hooper Rd., Wylie, TX 75098 Street Address: 331 Hooper Rd. Ordinance 9: W. Brown at Nortex Nursery, Abst 266, Tr. 18, 1.0 a. Owner: William F. Young, 1250 W. Brown, Wylie, TX 75098 Street Address: 1250 W. Brown Ordinance 10: SW Corner of Brown and Carriage House, Abst. 266, Tr. 5, 1.052 a. Owner:Edward K. Dowden, 725 W. Brown, Wylie TX 75098 Street Address: 725 W. Brown Ordinance 11: W. Brown W. of Nortex Nursery, Abst. 266, Tr. 13, 17, and 20, 1.3 a. Owner: Peggy Pollaehn, 1320 W. Brown, Wylie TX 75098 Street Address: 1320 W. Brown Ordinance 12: W. Brown W. of Nortex Nursery, Abst. 266, Tr. 7, .78 a. Owner: J.R. Eaves, 1310 W. Brown, Wylie TX 75098 Street Address: 1310 W. Brown Ordinance 13: S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 15, 1.071 a. Owner: Con-Dor Pipeline Co., Inc., Box 1267, Ponca City, OK 74603 Street Address: Not on a street but it lies south of 1400 Block of W. Brown Ordinance 14: S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 6, 6.3 a. Owner: TU Electric, 2001 Bryan Tower, Suite 2035, Dallas TX 75201 Street Address: Not on a street but lies but runs SW from approx 1300 Brown to point south of 1500 Brown Ordinance 15: FM 544 N. of Steel Industrial Park; Abst. 835, Tr. 7, 3.06 a. Owner: Patsy Sue Flanagan, 1090 FM 546, Princeton TX 75407 Ordinance 16: FM 544 W. of Hooper Business Park; Abst. 835, Tr. 8 and 10, 7.96 a. Owner: Billy F. Davis, 105 Tanglewood Ct., Wylie TX 75098] Street Address: 2722 W. FM 544 (house probably vacant at this time) Ordinance 17: SW Corner of FM 544 and Hooper Rd.,; Abst 835, Tr. 12, 5.42 a. Owner: William A. Henry 2710 W. FM 544, Wylie, TX 75098 Street Address: 2710 W FM 544 PUBLIC HEARINGS 3. Hold Public Hearing and Consider Adoption of Proposed Comprehensive Plan ACTION ITEMS 4. Discuss and Consider Approval of a Resolution Agreeing to Extend a Sewage Treatment Services Contract with the City of Murphy 5. Discuss and Consider Approval of a Request from Phoenix Galleries for a -- Benefit Auction 6. Discuss and Consider Approval of a Resolution Certifying the City of Wylie Tax Roll 7. Discuss and consider Approval of a Request from WAA for an All-Night Tournament, Benefit Tournament, and Fee Waiver 8. Discuss and Consider Approval of an Ordinance Enacting Changes in Chapter 3 of the Wylie Code of Ordinances STAFF REPORTS �,�i6 j 'S P. a`,S �, CITIZEN PARTICIPATION �`?go/z._ EXECUTIVE SESSION 9. Hold Executive Session under Section 551.074 Government Code to Consider Appointment to Park Board 10. Reconvene Into Regular Session and Consider Action ADJOURNMENT Posted this the 5th day of August 1994 at 5:00 p.m. MINUTES OF THE WYLIE CITY COUNCIL JULY 26, 1994 CALL TO ORDER Mayor Swartz called the meeting to order with the following Council members present: Reta Allen, John Mondy, Bobby Jennings, Steve Wright, Ortie Messenger and Cleo Adams. Presentations were made by Central Ambulance to those who assisted in the DWI Awareness Program. The Mayor, also, made presentations--one to Steve Deiter, City Attorney, and another to Lori Luttrell, a Wylie Citizen. CONSENT AGENDA 1. Consider and approve minutes of July 12, 1994 and July 19,1994 Council Meetings. A motion was made by Steve Wright and seconded by Cleo Adams to approve the minutes as submitted. Motion passed, all in favor(7 votes). ACTION ITEMS 2. Discuss and consider approval of preliminary plat for the Nance Addition. This item had been tabled last meeting. Steve Norwood, City Manager, advised the Council that he and Richard Nance had come up with a proposal that was agreeable to both parties for the purchase of right-of-way for the extension of W.A. Allen Blvd through to Stone Rd. The City would pay Richard Nance $12,875 for the East ROW and the remaining out parcel (approximately 15,000 sgft.). The east and west sides would be constructed at the same time. Construction of the extension of W.A. Allen would be triggered by the fifthteenth(15th) building permit being issued in the subdivision. At that time, the City would pay the developer to construct the east side when they construct the west side. The money would come from the perimeter street fee fund to pay for this ROW. This agreement would go with the plat not the developer. There were no questions about the agreement. A motion was made by Reta Allen and seconded by Steve Wright to approve the preliminary plat for the Nance Addition contingent upon the conditions for extension of W.A. Allen. Motion passed, all in favor(7 votes). 3. Discuss and consider approval of an Ordinance disannexing a tract of property on Paul Wilson Rd. at the request of John & Geraldine Phillips. Steve Deiter, City Attorney, advised the Council that this tract has been annexed for ten years and the City has failed to supply utility services. The owners can not force the City to disannex them because they do not live on the tract. There has been another tract recently disannexed but the people were able to force the City to disannex them because they lived on the land. p. 2 Council felt that even though they did not live on the land there was no reason not to grant them disannexation. A motion was made by Bobby Jennings and seconded by Cleo Adams to disannex a tract of land on Paul Wilson Rd. belonging to John and Geraldine Phillips. Motion passed, all in favor(7 votes). 4. Discuss and consider approval of a contract for Mutual Aide with the City of Rowlett. Mr. Norwood advised the Council that we have an understood agreement that includes helping in responding to fire, police, and ambulance calls if needed, but nothing in writing that defines the agreement. He, also, explained that the City has agreements with surrounding cities all of which are in Collin County. Rowlett is in Dallas County. A motion was made by Reta Allen and seconded by Bobby Jennings to approve a contract for mutual aide with the City of Rowlett. Motion passed, all in favor(7 votes). 5. Discuss and consider approval of dispatch agreement. Mr Norwood advised the Council that we have a dispatch agreement with smaller cities such as Farmersville, Branch, etc. to dispatch there emergency calls. The City has had this agreement for two (2) years and it will expire in September. The cities are aware that it is about to expire and would like to renew it. They are happy will our level of service. It has been looked into to make sure that this service to them does not hinder or prevent the City's dispatch from providing a good service to Wylie. Mr. Norwood advised the Council that he recommends the agreement be for one (1) year because changes will need to be made in the amount the cities are charged since there will be some equipment upgrades in the near future. A motion was made by Steve Wright and seconded by Reta Allen to approve a dispatch agreement, term one (1) year. Motion passed, all in favor (7 votes). b. Discuss and consider approval of a resolution adopting an Emergency Management Plan. Mr. Norwood advised the Council that Shan English, Fire Chief, has put together an Emergency Management Plan. The Plan covers all possible problems and gives protocol on handling them. The Council requested a worksession with Mr. English to discuss the Plan. Mr. Norwood said that he would arrange a workshop soon. A motion was made by Cleo Adams and seconded by John Mondy to approve a resolution adopting an Emergency Management Plan. Motion passed, all in favor(7 votes). 7. Discuss and consider authorizing final payment for Nortex Ground Storage Tank. Mr. Norwood said that he brought this before Council to inform them that the job was done and done to specs. It was, also, done on time and at the cost bidded. A motion was made by Steve Wright and seconded by Bobby Jennings. Motion passed, all in favor (7 votes ). P. 3 STAFF REPORTS Steve Norwood advised the Council that he has received numerous calls concerning mosquito problems. He said that spraying alone would not be effective since the larva would not be killed and that there is a certain type of minnow that eats the larva. He is working with Plano to spray and locate minnows. Mr. Norwood said that they had been approved for funding for fire calls, $100.00 a call. That is not enough since it cost about $300-$400 before the engine even leaves the station but it will help. He went on to state that Chuck Norris had been in town all day filming "Walker--Texas Rangers" at the Phillips 66 station. Brady Sneligrove gave an update on the Animal Control Services. He said that things were going well and the new Animal Control Officer was doing a great job. They were in the process of upgrading the A/C and heating units. Steve Deiter thanked the Council for the plaque. He explained that he was taking vacation for the rest of the week and then would be leaving Friday for Kansas. He said that he would send them a Council update so there would not be any lose ends. Council thanked him for all his hard work and wished him luck in his new home. Mr. Deiter gave an update concerning an issued raised at the last meeting by Mr. Albin about parking his semi tractor in Pointe North. He explained that the Ordinances were not in direct conflict as Mr. Albin had stated. He could park it on an improved surface but the weight restrictions for a residential area prevent him from driving it into the subdivision. CITIZEN PARTICIPATION Doyle Spurgin, of 302 N. Ballard, requested to have an auction on Friday, August 19, 1994 at the church. They usually hold them on Saturday nights but would like to hold this one on a Friday. Council said they would put it on the next agenda but there did not seem to be any problem. ADJOURNMENT With no other issues to discuss, Council adjourned. Respectfully Submitted: Mayor, Jim Swartz Kirsten Fresh Community Development Secretary CitI of Wylie AGENDA COMMUNICATION Submitted By: _Mary Nichols Director: _City Secretary DATE NO. AGENDA ITEM 08/09/94 2 Consider Approval of Ordinances Annexing Properties Surrounded by but not Located Within the City Limits of the City of Wylie SUMMARY OF SUBJECT Council has already held two public hearings on the 17 annexations proposed for consideration Tuesday night. Each of the seventeen ordinances is identical with the exception of the legal descriptions. We have enclosed only one of the seventeen ordinances in your packet but listed each of the properties on the agenda. Council may consider approving all seventeen ordinances in one motion or remove certain properties for separate consideration. Either action is legal. You will recall that certain properties attended the public hearings and offered comments. We have attached the sections of the minutes of these meetings for your benefit. ALTERNATIVES Council may approve all ordinances in one motion, approve them one at a time, or deny them. It will be necessary to read at least one caption and listing the properties. ACTION REQUESTED Staff Recommends Approval of the Annexation Ordinances SUPPORTING DOCUMENTS REVIEWED BY: Memo ❑ Ordinance/Resolution City Manager k Parks Director ❑ Budget ❑ Bid Tabs/Specs ❑ Finance Director 0 City Attorney Map/Plan ❑ Wylie Code of Ord ❑ Police Chief Building Official 0 Minutes W Letter ❑ City Secretary 91( Public Works Supt. 0 Other ❑_List of Properties Fire Chief ❑ Engineer ❑ REVENUE SOURCES: EXPENDITURE ACCOUNTS: Revenue Source Il)(14 N Expenditure Accounts /A Budgeted Fiscal Year: 1" Personnel ❑ One-Time ❑ Estimated Expenditure Operations ci Recurring ❑ Over/Under Projections by: Capital ❑ APPROVED FOR SUBMISSION TO CITY COUNCIL City M aga' ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING TERRITORY ADJACENT AND CONTIGUOUS TO THE CITY OF WYLIE, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS, PRIVILEGES, AND RESPONSIBILITIES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Wylie, Texas (City), pursuant to authority given by Municipal Annexation Act (the Act) as contained in the Texas Local Government Code (LGC) at §43.001, et seq., (as amended) and Section 3 of Article 1 of the Home Rule Charter of the City, has heretofore initiated annexation proceedings to annex various tracts of territory lying adjacent and contiguous to the City, including the property hereinafter described (the Subject Property); and, WHEREAS, the City is a duly constituted Home Rule City pursuant to Tex. Rev. Civ. Stat. Ann. art. 1165 et seq., as amended; and, WHEREAS, in accordance with the Act, a service plan, attached hereto as Exhibit "A", and incorporated herein for all purposes, was prepared by the appropriate department of the City and was made available for inspection and explained at the public hearings conducted as hereinafter described; and, WHEREAS, two separate public hearings were conducted in accordance with Section 43.052 of the LGC, the first being held at 7:00 p.m. on the 12th day of July, 1994, and the second hearing being held at 7:00 p.m. on the 19th day of July, 1994 , with both such hearings being held in the Council Chambers at the Wylie Municipal Complex, 2000 N Hwy 78, Wylie, Texas; and, WHEREAS, the public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of public hearings was published in a newspaper of general circulation in the City of Wylie and in the territory proposed to be annexed by publication, at least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to each public hearing; and, 1 WHEREAS, additional notice by certified mail was given to the owner of the subject property; and, WHEREAS, the subject property lies within the Extra Territorial Jurisdiction of the City, is contiguous on at least two sides with the present boundaries of the City, and when taken together with all other property annexed in this calendar year does not exceed more than 10% of the incorporated are of the City as of January 1, 1994; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION II That the following specific findings are hereby made: A. All actions and conditions necessary and requisite to annexation of the subject property have been fully and timely taken and complied with; B. The subject property satisfies all requirements and conditions for annexation under the Act; C. The subject property is legally eligible for annexation into the City; SECTION III That the following described property, to wit: A tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas and also being part of a 40 acre tract as conveyed to J.L. Loughlin and Elsie Loughlin, recorded in Volume 284, Page 93, Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING, at a point on the East line of Ballard Street(Old Hwy. 78) said point being South 0e 00' 05" East, a distance of 354.43 feet from the NW corner of said 40 acre tract, a 1/2 in. iron stake found for corner; THENCE South 89° 55' 12" East, leaving the said East line of Ballard Street, a distance 2 of 145.20 feet to a 1/2 iron stake found for corner; THENCE South 0° 00' 05" East. along the West line of a 15 feet alley, a distance of 150.00 feet to a 1/2 inch iron stake found for corner; THENCE North 89° 55' 12" West 145.20 feet to a point on the East line of Ballard Street, to a 1/2 in iron stake found for corner; THENCE North 0° 00' 05" West, along the East line of Ballard Street, a distance of 150.00 feet to the PLACE OF BEGINNING. (the same having heretofore in these proceedings been designated and referred to as Tract I) be, and hereby is, annexed and brought within the corporate limits of the City of Wylie, Collin County, Texas. SECTION IV The service plan submitted in accordance with the Act is hereby approved as part of this Ordinance, made a part hereof and attached hereto as Exhibit "A". SECTION V That the owners and inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. SECTION VI That the official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the Citys. SECTION VII That the Mayor is hereby directed and authorized to perform or cause to be performed all acts necescary to correct the official map of the City to add the territory hereby annexed as required by law. 3 SECTION VIII That the City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Collin County, Texas. SECTION IX Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION X 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 XI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION XII The repeal of any ordinance, of 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 9th day of August, 1994. James D. Swartz Mayor 4 ATTEST: Mary Nichols City Secretary Approved: Stud n P. ?Fite V City Attorney 5 Properties Proposed for Annexation August 9, 1994 a) S. Ballard St. North of Fire Station; Abst. 23, Tr. 32, 0.50 a., 1305 S. Ballard St. b) S. Ballard St. North of Fire Station; Abst. 23, Tr. 33, 0.50 a. 1102 S. Ballard St. c) SW Corner of Brown and W.A. Allen (Eubanks); Abst. 688-5, Tr. 115, 1.995 a. 1012 E. Brown St. d) E. Brown Next to Shiloh Baptist Church; Abst. 688-4, Tr. 107, 1.115 a. 930 E. Brown St. e) Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tr. 71, 2.08 a. 712 Lynda Ln. f) Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tract 73, 1.699 a. 702 Lynda Ln. g) Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 10. 1.717 a. 300 Block Hooper Rd. h) Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 2 and 3, 5.367 a. 331 Hooper Rd. i) W. Brown at Nortex Nursery, Abst 266, Tr. 18, 1.0 a. 1250 W. Brown St. j) SW Corner of Brown and Carriage House, Abst. 266, Tr. 5, 1.052 a. 725 W. Brown St. k) W. Brown W. of Nortex Nursery, Abst. 266, Tr. 13, 17, and 20, 1.3 a. 1320 W. Brown St. 1) W. Brown W. of Nortex Nursery, Abst. 266, Tr. 7, .78 a. 1310 W. Brown St. m) S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 15, 1.071 a. South of 1400 Block of W. Brown n) S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 6, 6.3 a. Runs SW from 1300 W. Brown St. to point South of 1500 W. Brown St. o) FM 544 N. of Steel Industrial Park; Abst. 835, Tr. 7, 3.06 a. 2700 Block of W. FM 544 p) FM 544 W. of Hooper Business Park; Abst. 835, Tr. 8 and 10, 7.96 a. 2722 W. FM 544 q) SW Corner of FM 544 and Hooper Rd.,; Abst 835, Tr. 12, 5.42 a. 2710 W. FM 544 MINUTES OF THE WYLIE CITY COUNCIL SPECIAL MEETING JULY 19, 1994 5 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Reta Allen, John Mondy, & Bobby Jennings. Steve Wright, Ortie Messenger, and Cleo Adams were absent. 10 CANVASS OF ELECTION "" Swartz appointed Jennings, Allen, & Mondy as canvassing board. Jennings stated that the board found that the returns were accurately reflected in Resolution 94-16 15 canvassing the results and made a motion that the resolution be approved. Allen seconded the motion. The motion was voted on and passed unanimously. ANNEXATIONS HEARINGS 20 Mayor Swartz opened a public hearing on seventeen tracts of land proposed for annexation, these tracts being surrounded by but not located within the City limits of Wylie. A description of the proposed tracts are attached hereto as Exhibit "A". - Regarding Tract #3, Michael Byboth submitted a letter of opposition attached hereto 25 as Exhibit "B" and also stated his opposition to the proposed annexation. a,i) Regarding Tract #10, Kent Dowden stated that he opposed the annexation and questioned Council regarding non-forming use of his property for housing of livestock as he owned a horse. Council explained that the non-conforming use would likely continue until - 30 such time as the use ceased and that annexation would not automatically zone the property single family. Regarding Tract #17, Bill Henry stated opposition and preference to being located within the extra-territorial jurisdiction. 35 _. As there was no one else to address the public hearing, the public hearing was closed. No action was taken. ADJOURNMENT 40 As there was no further business to come before Council for consideration, the meeting was adjourned into a worksession to discuss the comprehensive plan. - 45 APPROVED ATTEST Tv`� Ott tOur-E.-5 p. 2 2500 sqft home on the lots. There was quite a lot of concern over perimeter street fees and how W.A. Allen would be improved. The City wants W.A. Allen Blvd. extended through to Stone and Richard Nance does not want the extension because it will cut across one of the lots, lessen the acreage. Mr. Nance did have a proposal for the City's purchase of a right-of-way for the extension. Mr. Norwood said that the City would not purchase it and that it would be in the best interest of the subdivision to extend it. Mr. Nance again stated that he did not want W.A. Allen extended and that if the City wanted • .� it that something would have to be worked out motion ahm made plat for two weeks,by Steve Wright and seconded by Bobby Jennings to table the approval of the pre until the next Council meeting to allow Mr. Nance and Mr. Norwood to work out the possible purchase of a right-of-way to extend W.A. Allen Blvd. Motion passed, all in favor (6 votes). tracts 5 Hold Public Hearing regarding proposed seventeen Limit) Steve of land surrounded by the City of Wylie but not located within City Deiter, the City Attorney, advised the Council that the Ordinance states that waste water lines must be within 500 ft. of the property and that the property owner will be responsible for the expense to "hook on". He, also, stated that all properties being annexed do have waste water lines available to them within 500 ft. There are some tracts on Brown that do not but there is no housing on those tracts at this time. Tract 3 Mr. and Mrs. Byboth, owner of 1012 E. Brown--tract 3 of the annexation list, spoke about their property. The had many questions about how this would affect them. The big concern was not being able to keep their "country lifestyle". The have several chickens and roosters and were afraid they would be forced totgeget rid d of annexation them di.dthe were annexed due to zoning regulations. Mr. Deiter explained not come with a zoning and that they could keep their roosters. Their other concern was having to tap onto the city sewer system. They have a septic system now that they are very happy with. Mr. Norwood explained that Collin County is in the process of instituting a requirement of those property owners that are within 500 ft. of a sewer line to tie into it and to get off septic systems because of possible ground contamination. They will be given ample time to tie into the system to help the alleviate cost. Tract 4: Mr. Deiter relayed his conversation with Ms. De La Fuente and she spoke against being annexed. She did not want to have to tie into City sewer. *. Tract 5: Mr. Deiter relayed his conversation with Ms. Freeman and she spoke against being annexed. She also gave Mr. and Mrs. Holt permission to speak on her behalf. 7fr Tract 9: Mr. Defter relayed information he received in a letter from the property owner of Totd hk(IA oT-S p. 3 tract 9. They said that they did not have a problem tying into City sewer but they did not v!r want to pay such high City taxes vs. county taxes. Tract 10: Steve Wright relayed his conversation with Mr. Dowden. He is opposed to being annexed because he just made improvements to his septic system and did not want to forfeit the costs in order to tie into City sewer. Tract 17: Mr Deiter relayed information from Mr. Henry and he, too, is opposed to being �� annexed. ACTION ITEMS 6. Discuss and consider approval of an Ordinance adopting a maintenance agreement with the Texas Department of Transportation. Mr. Norwood explained that the City is currently working off an agreement that is 30 yrs. old. This is just to update the agreement. It would allow no angled parking for future roads but he said that areas such as Ballard would not be affected. Also, they would revise the map of Wylie. A motion was made by Bobby Jennings and seconded by Reta Allen to approve an Ordinance adopting a maintenance agreement with the Texas Department of Transportation. Motion passed, all in favor (6 votes). 7. Discuss and consider award of bid a provided by grant for demolition/removal of mobile home at Glenn Knoll. Mr. Norwood explained that there were two bids, one for $990 and one for $2400. Council questioned why there was such a big difference in bids. Mr. Norwood speculated that since Melvin St. John was on site that perhaps his bid was lower due to that. A motion was made by Reta Allen and seconded by Steve Wright to award the bid to Melvin St. John for$990 to demolish and remove a mobile home as provided by Grant. Motion passed, all in favor(6 votes). 8. Discuss and consider approval of an Ordinance adopting a contract with Collin County for tax collection. Mr. Norwood explained that this contract of services would be a total turnkey operation and that the costs is all inclusive(ie. postage, mail outs, etc.) There was a concern about a quick turn- around in monies being deposited. Mr. Maun explained that it will still be a fast turn-around. He, also, explained that a modem -up will allow the City to have direct access to any and all information needed to answer questions to customers calling in to the City. This link-up would not allow the City to make any changes in the information, it would be read-only access. The only reason that customers would need to call McKinney would be for information that had not been updated in the system. They would pursue delinquent taxes along with their "delinquent" City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Admin. Asst. to City Manager DIRECTOR: Mike Collins DATE REFERENCE NO. SUBJECT 8/9/94 Comprehensive Development Plan SUMMARY OF SUBJECT: The city has previously produced separate planning documents that addressed such issues as long term water, wastewater, thoroughfare, park, library, and other facility needs. However, no document has been developed that related these infrastructure needs and city service demands to each other. Components of the Plan include: Parks and Recreation; Thoroughfare; Public Facilities; and, Comprehensive Land Use. The attached memorandum describes the process of developing the plan, the goals established in the Plan, and the benefits of the process and implementation of the Plan. ALTERNATIVES: 1 .) Approve the formal adoption of the Comprehensive Development Plan 2.) Reject the Comprehensive Development Plan with recommended modifications 3.) Reject the Comprehensive Development Plan ACTION REQUESTED: Approve the formal adoption of the Comprehensive Development Plan REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS CI ONE-TIME ❑ $ CAPITAL ❑ RECURRING El OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPOR ING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL "- REVIEWED BY: V CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS • APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER bo- 114 Memorandum r:: DATE: August 9, 1994 TO: Mayor Swartz and City Council Planning and Zoning Commission FROM: Steve Norwood, City Manage Aye SUBJECT: Agenda Item 1: Consideration - Adoption of Comprehensive Plan The process of developing the City of Wylie Comprehensive Plan (The Plan) began in the fall of 1993 . The urban planning consulting firm, Espy, Huston, & Associates, with Dr. Doug Cargo serving as Project Manager, was awarded a contract to facilitate development of the city's first Comprehensive Plan. The process was undertaken in response to the City Council's recognition that Wylie would benefit greatly from a long range planning document that could guide the future growth and development of the city. The city has obviously adopted a Comprehensive Zoning Ordinance. The city has also produced separate planning documents that addressed such issues as long term water, wastewater, thoroughfare, park, library, and other facility needs. However, no document had been developed that related these infrastructure needs and city service demands to each other. Components of the Plan include: . Parks and Recreation; Thoroughfare; Public Facilities; and, Comprehensive Land Use. The Plan considered for adoption has been through several revisions. Numerous meetings, workshops, and other public forums were held during the past eleven (11) months to thoroughly review and discuss all facets of the Comprehensive Development Plan. The City Council held five meetings to discuss The Plan: March 13 , July 29, and October 12, 1993, and May 3 and July 19, 1994. The Planning and Zoning Commission discussed The Plan during eight (8) meetings held between November 1993 and April 1994. The Park and Recreation Board, Library Board, and Wylie Development Corporation also provided valuable input. There was abundant opportunity for citizen involvement in the development of the document. Goals were established in the following categories: Land Use; Transportation; Parks and Recreation; Public Facilities/Utilities; Housing; and Economic Development/Employment. Development of The Plan is significant for several reasons. The first reason is because the process itself was beneficial. During the many meetings that were held, topics such as land uses and development goals were discussed, adjacent development impacts (such as SH 78 and SH 190) were considered, and issues relating to economic growth, housing, utilities, public safety, zoning, annexations, and parks and recreation activities were debated. More often than not, the necessity of establishing short term policy directives and the demands created by running the day to day operations for the city, do not make it possible for the citizens, the city council, and staff to consider issues in a "long range" context. The second reason the Plan is significant is from a practical standpoint. This city is going to grow, perhaps it will experience periods of rapid growth. This document should be consulted regularly as a basis for development issues. It allows landowners and developers an opportunity to identify future land uses and allows the city to ensure that public facilities and systems needs are made apart of future land use plans. Citizens could use The Plan as a basis to determine what level of investment they are willing to make in their infrastructure in bond elections. The Comprehensive Plan will not sit idle on a shelf collecting dust. A point of emphasis should be made regarding the relationship of this document to the Comprehensive Zoning Ordinance. The Zoning Ordinance is the legal zoning designation for each parcel. The Comprehensive Plan as adopted is simply a planning document. The Land Use section of The Plan is intended to be used as a reference document for development related issues. It should serve as a basis for considering zone change applications. Based on what factors are known and considered important today, the Land Use Plan represents a snapshot of what community leaders believe the city should look like in the future. However, the Plan is not cast in stone, it is a dynamic document. Conditions will change in the future that will impact what direction the city's leaders of tommorow want to take the community. The Land Use Plan will be updated to reflect these new views. Speaking through the Comprehensive Plan, and all City codes and ordinances, our message to potential investors/developers and citizens is they have a strong reason to believe all assertions from the City of Wylie. In this competitive world of development, the reputation for delivering on a promise is one of the most important assets any city has. It is hard to win and easy to lose. City Staff recommends formal adoption of the Comprehensive Plan. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Manager DIRECTOR: Steve Norwood DATE REFERENCE NO. SUBJECT 8/9/94 t Murphy Sewer Line Tie-in SUMMARY OF SUBJECT: In October 1991 , the City Council approved an agreement with the City of Murphy to allow them to tie onto the City of Wylie's wastewater system. This tie-in would only be for the excess flows at the existing Murphy sewer plant that could not be processed effectively. This agreement was for a period of three years and expires October 1994. The City of Murphy in conjunction with the North Texas Municipal Water District are requesting a six month extension of this agreement. Murphy has already approved the financing and construction of this line. This six month extension will enable Murphy sufficient time to complete the construction. See attached memo. ALTERNATIVES: 1 .) Approve the six month extension of the sewer line agreement 2.) Reject the six month extension of the sewer line agreement with recommended modifications 3.) Reject the six month extension of the sewer line agreement ACTION REQUESTED: Approve the six month extension of the sewer line agreement REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL MANAGER Memorandum „„ : DATE : August 9, 1994 TO : Mayor Jim Swartz and City Council FROM : Steve Norwood, City Manager SUBJECT : Murphy Sewer Line Tie-in The City of Wylie and the Hogan Corporation have had numerous meetings with the North Texas Municipal Water District (NTMWD) officials concerning the impact of Murphy's tie-in into the City of Wylie's wastewater system. The impact will be negligible since this tie-in will merely serve as 'an overflow' to Murphy's existing sewer plant. The City of Wylie will charge the City of Murphy $1 .02 per 1 ,000 gallons for volume, plus an additional 18 cents per 1,000 gallons for associated maintenance costs. The City of Murphy will be charged for a minimum of 25,000 gallons per day and cannot exceed 250,000 gallons per day. North Texas Municipal Water District has calculated these costs and the City of Wylie, each month, will receive a credit on our sewer charges for Murphy's excess flow. Again, the Hogan Corporation has reviewed the attached agreement in detail and have no objections as presented. At some point in the near future, as most of you are already aware, a regional wastewater plant will need to be constructed. The City of Murphy is committed and essentially have no other options other than to join Wylie in a joint plant. Council approval of granting the six month extension is recommended in order for North Texas Municipal Water District and the City of Murphy to quickly begin construction. NTMWD will approve this agreement at their next board meeting in late August. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, EXTENDING A SEWAGE TREATMENT SERVICES AGREEMENT WITH THE CITY OF MURPHY, MAKING CERTAIN AMENDMENTS TO THE AGREEMENT,AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, The City Council of the City of Wylie approved an agreement with the City of Murphy for sewage treatment services and executed same on October 8, 1991, and WHEREAS, Said agreement was extended by the City Council of the City of Wylie has previously extended and sees fit to further extend the termination date of said contract, and WHEREAS, The City Council deems certain amendments to the agreement to be in order NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, that: SECTION 1. The agreement with the City of Murphy attached hereto as Exhibit"A" is hereby extended for a period of six months to expire on Apr;I 8, Ms SECTION 2. Section 5, page 3, beginning on line 10 shall read "rate of 18 cents per one thousand (1000) gallons maintenance costs & also include $1.02 per one thousand (1000) gallon minimum per one thousand (1000) gallon usage. This item shall be adjusted to actual flow it SECTION 3. The City Manager is duly authorized to execute said agreement on behalf of the City Council of the City of Wylie and to amend the contract as reflected by the intent of this resolution. DULY PASSED AND APPROVED on this the 9th day of August, 1994. APPROVED ATTEST vV' Vr' Al.* 1J 1f jjrly •4 JU 110J 111L AVay.\ I.VKI'. Lei UUJ%UUO NORTH TEXAS MUNICIPAL WATER DISTRICT CITY OF WYLIE - CITY OF MURPHY SEWAGE TREATMENT SERVICES CONTRACT THE STATE OF TEXAS S THE COUNTY OF COLLIN S WHEREAS, the North Texas Municipal Water District hereinafter referred to as the NTMWD, a conservation and reclamation district , the City of Wylie, a home rule city in Collin County, Texas, and the City of Murphy, a general law city in Collin County , Texas, desire to enter into this agreement; WHEREAS , the NTMWD is a regional wastewater treatment plant operator that owns and operates the Wylie Wastewater Treatment Plant located in Wylie and the Murphy Wastewater Treatment Plant located in Murphy; WHEREAS , all of the capacity of two million gallons per day in the Wylie Wastewater Treatment Plant is pledged and contracted to the City of Wylie and the 250,000 gallon per day Murphy Waste- water Treatment Plant is totally pledged and contracted to the City of Murphy; WHEREAS, the Murphy Wastewater Treatment Plant is at design capacity and Murphy desires to contract to place flows above the capacity of the Murphy Wastewater Treatment Plant in the Wylie Wastewater Plant ; WHEREAS, Wylie is currently using an average of approximately 800 ,000 gallons per day of the two million gallons per day avail- able in the Wylie Treatment Plant and is agreeable to the NTMWD contracting with Murphy for a portion of capacity at the Wylie Wastewater Treatment Plant conditioned on Murphy's willingness to participate with Wylie in a future regional plant when the joint capacities require the construction of additional facil- W ities. IT IS THEREFORE CONTRACTED AND AGREED BETWEEN THE THREE PARTIES AS FOLLOWS: SECTION I . Definitions - The terms and expressions used in this contract, unless the contract shows clearly otherwise, shall have meaning as follows: a. Fiscal Year - Fiscal Year means the NTMWD Fiscal Year, currently the year beginning October 1 of each calendar year and ending on September 30 of the following calendar year. b. Minimum - The minimum flow for the calculation of the annual payment by the City of Murphy shall be based on a minimum flow of 25,000 gallons per day and shall never be less than this amount; however, the minimum shall increase any year in which Murphy flows greater than 25,000 gallons per day and shall continue at the V. Pt 1V.1 yell y"V 11V./ lnz WJ V1.14, Vuo NTMWD CITY OF WYLIE - CITY OF MURPHY SEWAGE TREATMENT SERVICES CONTRACT PAGE TWO higher amount from then on but the minimum or allowable average day flow shall never exceed an annual average of 250,000 gallons per day without the express permission of the NTMWD and Wylie. c . Murphy Connecting Interceptor - The Murphy connecting interceptor shall refer to the necessary pipeline from the Murphy Wastewater Treatment Plant to the Wylie 15" Phase II line on Hensley Lane. It is not the intent of this agreement to provide for the construction or contractual arrangements for service concerning the construction of this pipeline which will be solely the responsibility of the City of Murphy. d. Murphy Wastewater Treatment Plant - The Murphy Wastewater Treatment Plant is to be referred to as the Murphy Plant and is a 250,000 gallon per day treatment unit constructed and owned by the NTMWD for use of the City of Murphy under a contract dated December 1976. e. Operation and Maintenance Expense - Operation and mainte- nance expense means all costs and expenses required for the successful treatment of wastewater at the Wylie Plant including but not limited to the cost of utilities, cost of personnel , engineering, legal services, supplies, contractual services, insurance premiums, repairs and replacements of equipment , and all debt service and capital expenses pertaining directly to the Wylie Plant . f. Wylie Sewer Collection System - The Wylie sewer collec- tion system shall mean the pipelines constructed and owned by the City of Wylie for the collection of sewage that carries the sewage to the Wylie Plant . It would be the intent of the program for the Murphy connecting interceptor to connect to the Wylie sewer collection system at an agreed point for transportation on to the Wylie Plant Site. g. Wylie Wastewater Treatment Plant - The Wylie Wastewater Treatment Plant referred to as the Wylie Plant , is the modified Wylie Plant after being expanded by the NTMWD under a contract with Wylie dated June 1987 . The Wylie Plant has a current capacity of two million gallons per day. SECTION 2 . Volume Discharge Requirements. Murphy shall have the right to discharge to the Wylie Sewer collection system through the Murphy connecting interceptor and then to the Wylie Plant up to a maximum average annual daily flow of 250,000 gallons with a max day flow not to exceed 2.5 times daily average. Murphy shall have the responsibility for payment on the basis of a mini- mum of 25 ,000 gallons per day commencing on the first day that ��, yr vY iv. lv yL1Y Yuv i iv.i vv.), UV? NTMWD CITY OF WYLIE - CITY OF MURPHY SEWAGE TREATMENT SERVICES CONTRACT PAGE THREE flow is introduced to the Wylie Plant, and the minimum shall be escalated based upon the highest annual daily average utilized by Murphy during the wastewater year (August 1 through July 31) . Should Murphy max day flow exceed 2.5 times daily average of the wastewater year the annual minimum would be increased for the next year and years thereafter based on max day flow divided by 2 .5 to establish "average" day minimum until the actual average day flow exceeds the calculated amount. SECTION 3. Metering and Point of Delivery. Murphy shall be required to build the Murphy connecting interceptor pipeline to the Wylie collection system totally at the expense of Murphy. At the intersection of the Murphy connecting interceptor and the Wylie Sewer collection system a meter would be installed as approved by the NTMWD with the total construction expense provided by Murphy. It shall be the responsibility of the NTMWD to maintain and read the meter which would be utilized by the NTMWD for billing purposes to Murphy and credit to Wylie for services rendered and calculations on quantity flow. Should a disagreement develop over the meter reading either Wylie or Murphy could employ at their expense an outside consultant to work with the NTMWD and evaluate the accuracy of the meter. If disagreement continues over the meter reading a formal report would be prepared and submitted to the NTMWD Board of Directors whose decision would be final concerning the accuracy of the meter readings. In no case would adjustments be made for a greater period of time than six months. The location of the meter will be the point of delivery for Murphy to the Wylie collection system and all payments and billing for services will be based on this volume. SECTION 4. Discharge Quality Murphy agrees to limit discharges into the Wylie plant system to wastewater that complies with quality requirements the NTMWD finds it necessary from time to time to establish at the Wylie Plant in order to meet standards imposed by state and federal regulatory agencies having appropri- ate jurisdiction or to protect the treatment capacities of the wastewater treatment plant. Quality restrictions of the NTMWD would be applicable to both Wylie or Murphy . Further, industrial pretreatment requirements of the state and federal authorities must be complied with in Wylie and Murphy to avoid penalties of the regulatory agencies. SECTION 5. Annual Budget. The NTMWD shall prepare an annual operating budget reflecting all anticipated costs in connection with the operation and maintenance of the Wylie Plant in sufficient detail to justify expenditures for salaries, materials, supplies, contractual services, and debt service. The allocation between Murphy and Wylie shall be submitted in a preliminary proposed annual budget to Wylie and Murphy on or before August 1 each year. If a protest or request for additional information is not presented prior to September 1 the proposed budget , on adoption by the NTMWD Board of Directors, shall be considered the annual budget for the ensuing fiscal year. In the event NTMWD CITY OF WYYL I E - CITY OF MURPHY SEWAGE TREATMENT SERVICES CONTRACT PAGE FOUR either city does not agree on the annual budget prior to September 1 a hearing would be held before the NTMWD Board of Directors concerning objections to either the budget or allocation of cost. After bearing all evidence from the parties involved, the NTMWD Board of Directors shall be responsible for the allocation of cost between participants and establishing the budget necessary to pay all of the operation and maintenance expense including debt service on the Wylie Plant . Included in the budget for Murphy shall be an item for collection system service at the rate of 18 cents per one thousand gallons with minimum established on same volume and method as wastewater treatment minimum. This item shall be adjusted to actual flow, if greater than the minimum each year. This item charge to Murphy shall be an add on to annual payment . SECTION 6. Annual Payments. Wylie is responsible under the con- tractual agreement between the NTMWD and Wylie for the expansion of the Wylie Plant dated June 1987 and nothing in this agreement shall relieve Wylie from this responsibility; however, all pay- ments received from the City of Murphy shall be utilized as a credit from the charges to Wylie. The annual payments shall be based on all operation and maintenance expense of NTMWD, including debt service, on the Wylie Plant and shall be made by each city equal to its proportional flow to plant (or in the case of Murphy its contractual minimum whichever is greater) as its proportional part of the total operating budget divided by twelve, these payments to be made monthly in advance on or before the 10th day of each month. The first monthly payment due October 10 of each year shall be twice the calculated monthly payment with no payment due in September of each ensuing year except for any adjustments necessary during any fiscal year. At the end of each fiscal year any surplus balance shall be carried forward to reduce the overall cost during the next budge- tary period. Emergency expenditures not budgeted may be required due to unforeseen or unexpected conditions but each city shall be notified of such emergency with the right to appeal to the NTMWD Board of Directors on any request for adjustments in the monthly payments in the same manner as the original budget. If Murphy shall fail to make any monthly payment by the 20th day of the month in which due, after notice to Murphy , the NTMWD could terminate services as of the 10th day of the following month and will be required as a condition of this contract to terminate service by the 10th day of the second month following the nonpayment. Further, the NTMWD may take legal action to acquire payments due under this agreement and shall be entitled to recover reasonable attorney fees plus ten percent on all over- due charges. SECTION 7. Regional Program. It is agreed by all parties to this agreement that the long range goal for wastewater treatment service for Wylie and Murphy shall be a regional facility serving these two cities and others. It is understood by all parties that when the Wylie Plant reaches 75% of capacity, or such other NTMWD CITY OF WYLIE - CITY OF MURPHY SEWAGE TREATMENT SERVICES CONTRACT PAGE FIVE requirements as may be made by state and federal regulatory agencies, planning for an additional facility to treat the combined wastewater flows will be necessary and that construction must begin on said facility on or before the time the Wylie Plant reaches 90% of design capacity. The regional program would be funded by each entity paying its fair share of the cost based on proportional flow to the system. Should a regional program not be developed Murphy and Wylie agree to pay for the necessary future facilities based on a proportional flow contract agreement. SECTION 8. Indemnity. Each party to this agreement agrees to indemnify and hold harmless each other from any and all causes for loss, liability or damages, arising out of the operation of the Wylie Plant. SECTION 9. NTMWD Financial Obligation. Nothing in this agreement shall be construed as requiring the NTMWD to expend funds from any source other than the revenues received under this All agreement IDent and the Wylie - NTMWD Agreement dated June 25, required by valid rules, regulations, laws or orders passed or promulgated by the United States of America, the State of Texas, and regulatory judicial branches thereof - having lawful jurisdiction shall be the responsibility of the cities of Wylie and Murphy. SECTION 10. Term. This agreement shall be in effect until super- seded by a regional agreement approved by all parties, or thirty years from the 'date of execution, whichever occurs first . Should Murphy not construct the Murphy connecting interceptor system and start service within thirty-six months from the date of the execution of this agreement, then this agreement is null and -..µ. void. THIS AGREEMENT APPROVED BY THE RESPECTIVE GOVERNING BODIES BY ADOPTION OF APPROPRIATE RESOLUTIONS AUTHORIZING THE rJJNDERSIGNED TO0E�UT IN BEHALF OF EACH ENTITY ON THIS THE 6 DAY OF �7 , 1991 . OF ««w y // ./ Li p V�� `)C° s HN W. AKIN, MAYOR ____ TY OF WYLIE = SEAL AWES: CAR• `'�+ S, C " 6E�Wj'i /trMcn:llttC'.0 £ PGEO CITY OF MURPHY ATTEST: L NDA B. MARLEY, ITT SECRETARY 08/02/94 13:20 V214 490 7163 THE HOGAN CORP. IQ 008/008 NTMWD CITY OF WYLIE - CITY OF MURPHY SEWAGE TREATMENT SERVICES CONTRACT PAGE SIX NORT EXAS M j L W ER DISTRICT BR E ATTEST; 2/G,- -11"4 DARWIN L. WHITESIDE, SECRETARY City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE f REFERENCE NO. I SUBJECT 8-2-94 Auction House SUMMARY OF SUBJECT: At the July 26, 1994 Council meeting, Doyle Spurgin requested an exception to the provisions that limit the hours and nights which auctions may be conducted. Presently the Auction House is being remodeled and there are conditions now present at this location which should restrict or prevent any auctions from being held until all construction is complete or certain safety provisions are met. A required exit has been obstructed which would now require passage through an ajoining room (the area under construction) . Since there is now only one exit from the auction area the occupancy load must be reduced to twenty-nine(29) . ALTERNATIVES: 1. Grant this request, but require that the overhead door at the rear of the building is locked in an open position so they can maintain their occupancy load of 100. 2. Grant this request, but enforce the occupancy load provisions. 3. Grant this request with no additional provisions. 4. Deny request. ACTION REQUESTED: Grant this request, but require that the overhead door at the rear of the building is locked !._ in an open position so they can maintain their occupancy load of 100. -Ai AT THE Tv ti.y 261:It G ITY co aye iceEETiN , SPaR'/N s7f}Tp ?7h?-% The Aticra J N/a„[-D cat 10 V oN FRiOMt /INCvs% (9Tlt F iz T'}E B 't 'T of sr. /pvritomf's c4f4'O ' cftwecy. ORDINANCE NO.93-57 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOTS 17 AND 18, BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, A Specific Use Permit for an Auction House has been requested by Doyle Spurgin for the property described as Lots 17 and 18, Block 18, Railroad Addition; and WHEREAS, the Planning and Zoning Commission of the City of Wylie and the governing body of the City of Wylie, in compliance with the laws of the State of Texas and the ordinances of the City of Wylie, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally, and to all persons interested in and situated in the affected area and in the vicinity thereof, the governing body in the exercise of its legislative discretion has concluded that the Comprehensive Zoning Ordinance of the City of Wylie should be amended as follows: 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, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit for an Auction House as provided herein on the following described property: Lots 17 and 18, Block 18, Railroad Addition and further described on the approved site plan attached hereto as Exhibit "A". Section 2. That the Specific Use Permit shall be subject to the following special conditions: 1. The approved uses shall be limited to retail use including the sale and/or auction of antiques and collectibles and the sale of estates 2. A parking agreement with the First Baptist Church providing the deficient number of minimum parking spaces required shall be executed to the satisfaction of the City of Wylie prior to issuance of a Certificate of Occupancy 3. The occupancy load of the building shall be limited to 100 persons 4. That a scaled site plan shall be submitted to and approved by the Building Official prior to issuance of a Certificate of Occupancy and attached hereto as Exhibit "A" and made a part of this ordinance. 5. That a minimum of 50 parking spaces shall be provided either on- site or by way of official agreement with the First Baptist Church 6. No industrial products or equipment are authorized for sale or auction under the terms of this SUP 7. That all non-residential auctions shall not take place in or on the property described herein but must take place off-site 8. That auctions are limited to two (2) nights per week between the hours of 6:00 p.m. and 10:30 p.m. as proposed by the applicant no more than (5) Sundays per year between the hours of 1:00 p.m. and 6:00 p.m. 9. That this Specific Use Permit is limited to a period of eighteen (18) months from the date of approval Section 3. That the above described tract of land shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Wylie as heretofore amended, as amended herein by granting of this Specific Use Permit and as may be amended in the future. Section 4. That all ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. Section 5. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of fine not to exceed the sum of TWO THOUSAND DOLLARS ($2,000.00) for each offence and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6. If any section paragraph, or provision of this ordinance or the appicabon of that section, paragraph, or provision to any person, firm, corporation or slueiort is for any reason judged invalid, the adjudication shall not affect any other or provision of this ordinance or the application of any other section, tic rovisoon to any other person, firm, corporation or situation, nor shall • _ . - • viAect any other section, paragraph, or provision of the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions for this ordinance are declared to be severable. Section 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED this 14th day of December, 1993. ATTES /� PROVED RESOLUTION NO. g4/-4, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING COMPLIANCE WITH CONDITIONS FOR SPECIAL USE PERMIT AS HERETOFORE ESTABLISHED AND SET OUT IN ORDINANCE NO. 93-57 WHEREAS, the City of Wylie Comprehensive Zoning Ordinance as codified in Chapter 12 of the Wylie City Code did not, prior to October 26, 1994, allow for auction houses or auctions in the zoning classifications of "R" Retail or "B-1 or B-2" Business within the City of Wylie and any auction use in such classificaiton was therefore unlawful; and, WHEREAS, the City Council amended the Comprehensive Zoning Ordinance to specify for auction houses as allowable uses with specific use permits, by passage of Ordinance No. 93-49, on the 26th day of October, 1993; and, WHEREAS, Doyle Spurgin and Patricia Spurgin (Spurgins) as owners of the following described property, to wit: Lots 17 and 18, in Block 18, Railroad Addition to the City of Wylie Collin County, Texas which is zoned "R" Retail, petitioned the City for a specific use permit to allow them to conduct an auction house operation on the said real estate, which said petition was granted by the City Council and the specific use created by Ordinance No. 93-57 which was duly adopted by the City Council on the 14th day of December 1994; and, WHEREAS, the special conditions required by the City Council for the said specific use permit, as enumerated in Section 2 of said Ordinance No. 93-57, included the following: "2. A parking agreement with the First Baptist Church providing the deficient number of minimum spaces required shall be executed to the satisfaction of the City of Wylie prior to issuance of a Certificate of Occupancy" "S. That a minimum of 50 parking spaces shall be provided either on-site or by way of official agreement with the First Baptist Church"; and, WHEREAS, subsequent to passage of Ordinance 93-57 City staff prepared a parking agreement for execution by the First Baptist Church (Church) but the Church has, for reasons best known to them, declined to sign the same; and, WHEREAS,prior to passage of Ordinance No. 93-57 granting the specific use permit and establishing the conditions therefore Spurgins received a letter from Rev. Al Draper of the First Baptist Church (Consent Letter) indicating the Church's acquiescence in the use of the Church parking lot by the Spurgins to provide parking for their auction house customers, a copy of said letter being attached hereto and fully incorporated herein by reference; and, WHEREAS, the Spurgins are now requesting that the consent letter suffice to satisfy the above referenced special conditions for a parking agreement, Church's refusal to sign an agreement notwithstanding; and, WHEREAS, the City Council is the appropriate authority to determine whether such consent letter satisfies the special condition for parking agreement as they are, ultimately, the best source to determine the intent of the legislation which they have passed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the consent letter attached hereto satisfies all special conditions pertaining to parking agreements as required by Section 2 of Ordinance No. 93-57, and shall be effective and satisfactory for such purpose unless and until the same is revoked. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 22rd day of February, 1994. ohn W. Akin Mayor Attest: liheasaw-tie ! J o Mary City Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Department DIRECTOR: Rrariy SnpllgrovP, nirector DATE REFERENCE NO. SUBJECT Adoption of a Resolution certifying the City's Delinquent Tax Roll to the 8/9/94 ' Collin County Tax Assessor Collector as of August 3, 1994 is NO $307,081 .32. SUMMARY OF SUBJECT: The City's new Tax Assessor Collector needs a Certified Consolidated Delinquent Tax Roll, for 1993 and all prior years as of the date the City stops the collection and posting of tax receipts. The tax receipts collected on August 3, 1994 will be posted to the tax system and a delinquent roll will be ran on that day. This delinquent report is necessary for the County Tax Assessor Collector to start collecting taxes -for the City per the recent contract approved by the City Council. The accounts and amounts on this certified delinquent tax roll report will be the base figures to which the City and County Staff's will reconcile future collections and adjustments. ALTERNATIVES: 1 .) Adopt the Resolution Certifying the Delinquent Tax Roll. 2.) Reject the Resolution. ACTION REQUESTED: Staff recommendation is for Council to adopt a resolution certifying the City's Delinquent Tax Roll as of August 3, 1994. REVENUE SOURCES: EXPENDITURE ACCOUNTS: ° � � /1/d - BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO \� MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS • APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS CERTIFYING AS CORRECT THE CONSOLIDATED DELINQUENT TAX ROLL FOR 1993 AND ALL PRIOR YEARS. WHEREAS, the City has appointed under Ordinance No. 94-20, duly adopted by the City Council on the 12th day of July, 1994, the Collin County Tax Assessor/Collector, Kenneth Maun as Tax Assessor/Collector for the City, in accordance with Section 6:22(c) of the State Tax Code; and WHEREAS, the City needs to furnish and certify certain information regarding its delinquent tax rolls to said County Assessor/Collector so as to allow them to discharge their duties as the City's Assessor/Collector; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the City of Wylie, Texas, by its City Council, does hereby certify as true and correct, its Consolidated Delinquent Tax Roll, for 1993 and all prior years, as of August 3, 1994, is $307,081.32. SECTION II That the above information, by way of a copy of this Resolution, shall be given to the County Tax Assessor/Collector for collection purposes, as provided by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 9th day of August, 1994. James D. Swartz, Mayor Attest: Mary Nichols, City Secretary City o* Wylie 03/04/94 06.58 am Delinr.uent Tarr Rcll delaroil Paae 26 Districts Year 9tmts Rate 1 Rate 2 Total o�_al WYI. Ir 1981 4 r1 3 148.18 17.19 155,.'7 WYLIE 192 ^62 6 249.85 17.01 266.86 v, I 190 NYC-T_E 1984 - 1.760.59 120.74 1 ='1. -- WYt IC 1994 27 1.102.71 97.85 1.200.16 W WYIWY!....= 190 45 2 907.29 745.06 652.75 Tr-- I 1996 ,78 6.769.79 1.672.51 8.002.70 C I T L E 94 2 29.110.06 6.788.56 8.62. '5.49 WYI __ 199E 94 30.441.90 12.761.51 47.207.41 226 24.043.88 27 9> WWYLIE 1990 `1 2.6 ._. __ .348.81 Y IC 1991 `17 `- .7._1.7o 1 .117.072 _ .848.77 197.95 2 WY:vY' -E CITY ioa„ `, 10,7 .c�.� 72.989.98 CITY 199^ `5 29.747.51 9 548.4c_' 1.391.9: 8 7 52,33.56 17.228.89 66.22.45 WYLIE CITY TCTAL 2? Q,4Q(},57 77.090.75 THIS RECAP CONTAINS PERSONAL, MOBILE HOMES, AND REAL PROPERTY. s City of Wylie Rr04i94 10:50 am Delincuent Tax Roll 6elcroll Pace 45 J Districts Year Stmts Fate 1 Rate 2 Total WYLIE 1904 _ 82.17 7.27 89.40 WYLIE 1905 5 256.20 65.64 721.84 WY!. IC. 1906 16 697.62 177.67 371.29 CITY 'WY!..I E 1987 19 2.775.04 609.09 7.784.17 WYII= 1938 48 11,019.51 4,619.89 15.679.a0 WYLIE 1939 39 3,717.70 29.17 11.642.47 WY+. IE 1990 54 11,964.31 6,109.26 18,07. .57 WYLIE 1991 66 16.9.76.77 6.471.23 27.407.60 WYi 17 CITY 1992 66 16,421.16 5,747.45 21,764.61 WYLIE CITY 1997 148 76.601.77 9.098. 45 700.05 WY! _._ CITY TC-AI_ 105 063,37 75.370.99 140.844.36 THIS RECAP CONTAINS REAL PROPERTY ONLY. p8 z . . , € s t City of Wylie -'04j94 09:50 am Delincuent Tax Roll deloroll Pace 19: Districts Year Stmts Rate 1 Rate 2 Total WY! IE 1981 4 148.18 17.19 165.37 WYLIE 1932 6 249.85 17.01 266.96 W Yi_I r 19E3 17 613.08 54.40 667.48 W Y' I E 1984 21 816.74 72.49 888.87 W"' IT 1985 26 1,567.67 400.77 1.964.44 WY'.I E 1986 _. .669.19 684.12 7.757.71 CITY 'WY' :7 1987 249 20,599.65 4.520.52 25,120.17 WYLIE 1988 223 14.647.56 6,179.81 20.787.77 WY' IC 1989 164 11.569.5.7 4,628.47 16.198.00 WY'.:E 1?90 138 7,962.86 4.068.28 12,077.14 WY' :: 1991 176 8.428.64 32.21 11.660.85 w' .T E CITY 1992 149 8.656. 57 2.816.96 816.96 11 .477.7P 'wv' IT CITY 1993 1 Q:S 12.288.62 098.53 15,7P7. 15 WYLIE CITY _'AL ;0.21 . = C .750.66 __ .`=70.36 THIS RECAP CONTAINS MOBILE HOMES ONLY. p 3. �1tY O` "rdvlie 09-04/P4 00:19 am Delincu.ent Tax Foil celaroil Facie _ Districts Year Stmts Rate 1 Rate 2 Total W Y!_ T_r 1987 10 747.51 66.74 817.85 WYL I E 1g94 _ 207.84 13.09 _21.'?3 ,`v, :: 1485 14 1.087.42 278.55 1 6 .07 WY'..IE 19 A, 7.006.P8 770.72 7,777.70 CI?y WY'.:r 1Q27 24 5.775.77 1,759.95 6,P94.77 WYLIE 1Q98 4,774.8' 2.001.81 6,776.64 W Y' I7 19c19 2= 4,161.05 1,666.29 5.827.74 WY_IE 1990 25 7,798.57 1 .9.79.57 5.778.06 WV! I' 104.1 70 ^.872.94 1,088.59 _ .921.57 WY_:E CITY _?92 77 4.265.82 1.788.09 9.657.91 qv' 17 C I'Y 1997 47 4,0a7.21 1,072.04 5.175.25 Wv_I E __TY : 4L 74.707.50 11.509.10 46.216.60 THIS RECAP CONTAINS PERSONAL PROPERTY ONLY. p q. City of Wylie • AGENDA COMMUNICATION Parks & Recreation Bill Nelson -- SUBMITTED BY: DIRECTOR: DATE " REFERENCE NO. SUBJECT July 27, 1994 Wylie Athletic Association (➢V'.A.A.) request for All-Night (9-17-94) and fees waived (10-8-94) Tournaments. SUMMARY OF SUBJECT: ,.- The W.A.A. is requesting an all-night Softball Tournament beginning at 9:00 a.m. Saturday Sept. 17, 1994 and ending 5:00 a.m. Sunday Sept. 18, 1994. Although Ordinances 78-18 and 94-2 (Athletic Field Policy) prohibit all-night play this same request was granted in 1993 by the City Council and the tournament proceeded without incidents at the park or complaints by the neighbors. Also, on Oct. 8, 1994 the W.A.A. is requesting the $100.00 per field fee be waived so that all profits will be divided 50/50 between the Meals-On-Wheels, and the Christian Care Center. This same type of tournament occured in 1993 with several hundred dollars being raised for Meals-On-Wheels and Christian Care Center. The Parks and Recreation Board has approved both of these requests and recommends Council to do the same. ALTERNATIVES: ,1 1) Grant request for all-night tournament with off duty Police officer being hired by W.A.A. from at least 11:0Q p.m. - 5:00 a.m. and/or fee waived Softball Tournament. 2) Deny request for all-night and/or fee waived Softball Tournament. I � ACTION REQUESTED: I. Grant request for all-night tournament with off duty Police Officer being hired by W.A.A. from 11:00 p.m. - 5:00 a.m. and fee waived Softball Tournament. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO X MINUTES -x LETTER C.I.P. X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER x DIRECTOR OF PARKS/REC. x CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CI MANAGER Mr. Bill Nelson City of Wylie Park Department Wylie, Texas 75098 Dear Mr. Nelson: This letter is in reference to the WAA Tournament Schedule that we have discussed and that WSA has approved, since they have no plans in using these fields at these times. August 6 , 1994 COED MEI 6,— August 27, 1994 COED September 3, 1994 MENS September 10, 1994 COED September 17, 1994 MENS AND COED ALL-NIGHT September 24 , 1994 COED October 1 , 1994 MENS October 8, 1994 MENS AND COED (Benefit ) The Tournament on September. 17, 1994 we would like to have an all-night so we can collect toys for the kids in this area . We will hire a Policeman to be on duty, as we did last year at our cost. The Tournament on October 8 , 1994 will be a benefit for Meals on Wheels and the Wylie Christian Care Center. We are asking for the fees on the fields to be waived for this tournament so that WAA can give more to these two organizations . All tournaments will begin at 9 : 00 a .m . and should he over no later than 1 : 00 a.m. with exception to the All-night tournament. If you have any questions , please feel free to contact me . Thanks for your help. Thanks , ` ' Tena Sorrells WAA Treasurer 442-6352 442-3113 /ter 4 6.00 p K_IT .tU.,A,TIONa J. 6.01 Park Hours Op^n to the Public 'the community parks, recreation and community. center, shall be open to the general public only between the hours of 6:00 a.m. and 12:01 a.m.. unless a ball game or otter recreational or community activity nnesp^ctedly exceeds a time requited to close at 12:01 T.nt. In that event the time for closing the p°aaticuhr facilities involved will Inc extended to 1:00 a.m., at which time all activities in such facilities --,ill cease, then the facilities will be closed to the public until 6:00 am. the next morning. It shall be unlawful f"r any prison except members of th+'police and fire derfilinir311127,or employees o[ the l,<•tks department a►grgr11 in the perform. ace of their official duties to In in any nurnifilr+l I r tk between the hours of 12:01 a.m. and 6:00 urn., unless the forgoing exception applies. (Ord. 78-18 adopted 6-13-78,An.1,Sec. 1) CITY OF WYLIE ATI ILEIIC FIELDS POLICY - COMMUNITY PARK AS ADOPTED BY ORDINANCE 94-2EXHIBIT "A' This policy is to be administered by the City of Wylie Parks and Recreation Department in regard to the use of outdoor public recreation nre,,s fear athletic activities. The purpose of this policy is to serve as a guide for the corrrpwhetisive and effective usage of outdoor athletic areas owned, leased, scheduled or otherwise controlled by the City of Wylie Parks and Recreation Department. A tournament is defined as team competition separate and distinct from league play involving the payment of an entry fee or additional fees in which to participate. League practices and/or games shall take priority over tournaments. A curfew of 12:00 Midnight shall be imposed on all tournaments utilizing lights, fvionday - Thursday; 1:00 a.m. on Friday and Saturday. A curfew of 11 :00 p.m. shall be imposed on Sundays. ATHI FT1C FIRM RFSFRVAT1ON FOR TOURNAMFNT 1l,SF Requests for athletic fields for tournament use shall be made in writing. The City of Wylie Parks and Recreation Department requests thirty(30) days advance notice. The price per field reservation fees are as follows: Friday Night and All of Saturday $100.00 (Includes Light Usage) Friday Night and All of Saturday and Sunday $150.00 (Includes Light Usage) MINUTES Parks&Recreation Advisory Board July 25, 1994 The Parks & Recreation Advisory Board met in regular session on Monday, July 25, 1994 at 7:00 p.m. in the Council Chambers of the Municipal Complex at 2000 SH 78 N. A quorum was present and a notice had been posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Janice Neely, Mark Jenneman, Kerry Carothers, Jerry Hougen and Dan Tidwell. ABSENT: Willie Calverley and Dan Chesnut. STAFF MEMBERS PRESENT: Parks Director, Bill Nelson and Secretary, Kirsten Fresh. ACTION ITEMS ITEM NO. 1: Discuss and consider approval of minutes from meeting held on June 27, 1994. A motion was made by Kerry Carothers and seconded by Janice Neely to approve the Minutes as submitted. Motion carried, all in favor(5 votes). ITEM NO. 2: Oath of Office to newly appointed members, Jerry Hougen and Dan Tidwell. Oath of Office was done prior to this meeting being called to order. ITEM NO. 3: Election of Chairman for the 1994-1995 year. A motion was made by Janice Neely and seconded by Kerry Carothers to elect Willie Calverley as Chairman. Motion passed, all in favor (5 votes). ITEM NO. 4: Election of Vice Chairman for the 1994-1995 year. A motion was made by Janice Neely and seconded by Kerry Carothers to elect Dan Chesnut for Vice Chairman. Motion passed, all in favor (5 votes). ITEM NO. 5: W.A.A. All-night Tournament Sept. 17, 1994/Benefit Tournament Oct 8, 1994. Bill Nelson, Parks Director, advised the Board that the Wylie Athletic Association is wanting to hold an all-night tournament to collect toys for Toys-for-Tots. This was done last year and it went very well. There will be a police officer at the field all night for safety purposes. Mr. Nelson explained that this does need to go before Council since it is against Ordinance to have any game play extend past one o'clock(1:00)a.m. A motion was made by Janice Neely and seconded by Dan Tidwell to recommend to City Council for approval to allow W.A.A. All-night Tournament to be held on Sept. 17, 1994. Motion passed, all in favor(5 votes). Mr. Nelson then explained W.A.A. also wants to hold a Benefit Tournament on Oct. 8, 1994 to raise money for Meal-on-Wheels. They have also requested that tournament fees be waived since all money raised will go to charity. A motion was made by Jerry Hougen and seconded by Janice Neely to recommend to City Council for approval to allow W.A.A. to hold a Benefit Tournament, with fees waived, on Oct. 8, 1994. Motion passed, all in favor (5 votes). p. 2 DISCUSSION ITEMS ITEM NO. 1: Olde City Park--Parking Lot/Mural--1994 Improvements. Mr. Nelson made brief comments on legal agreements the Board had copies of concerning the parking lot and mural at K&S Haircare. The Board questioned the wording on the agreement for the mural regarding who is responsible for maintaining the mural. The wording seemed to conflict as saying both the City and K&S Haircare were responsible. Mr. Nelson said he would clarify with the City Attorney to see if any changes needed to be made. ITEM NO. 2: Valentine Park--1994 Improvements. ITEM NO. 3: City Municipal Complex--1994 Improvements. ITEM NO. 4: "W" Bed--1994 Improvements. The above four(4)items were discussed together. Mr. Nelson wanted to advise the Board on budget accomplishments for FY '94. Some things have yet to be done, ie. the jogging, walking trail at Valentine Park, the landscaping at Olde City Park. He explained that items one (1) thru three (3) ended up with a negative balance on budget but with the sale of the land for the parking lot at K&S Haircare the budget balances. He said that he allotted monies in the FY'95 budget to pick up any lose ends if the monies do not come through on the sale of the land to K&S Haircare, ie. financing to K&S is not given. He also tied in the next item for discussion, saying that if budget were to still come up short some of the monies generated by the $.05 sales tax could be used. He said that there are now three pools of money to use for Parks projects. The only comment made on the "W" Bed was that a couple hundred dollars was allotted for it and budget did not go over. ITEM NO. 5: P& R Board involvement with $.05 sales tax. Mr. Nelson wanted to explain that there will be a Commission that will be responsible for administering the monies raised by the $.05 sales tax for Parks projects. These projects will be approved through the Parks Board and then the City Council and finally passed along to the Commission. This Commission will have no say in how the money is spent they will only be responsible for administering the monies. CITIZEN PARTICIPATION: None P. 3 ADJOURN: A motion was made by Kerry Carothers and seconded by Jerry Hougen to adjourn. Motion carried, all in favor(5 votes). Respectfully Submitted: Kirsten Fresh, Secretary Community Development City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE I REFERENCE NO. I SUBJECT 8-2-94 j Chapter 3 Ordinance Revisions f 12 SUMMARY OF SUBJECT: The first of many revisions to come. The intent is to update and revise our current ordinances. See attached for existing and proposed revisions. I I I ALTERNATIVES: 1. Approve as per attached revision. I 2. Approve with modifications. 3. Deny and leave as is. I- 1 L4CT7ON REQUESTED: Approve as per attached revision. I 11.00 STREET NUMBERS REOUIRED 1.01 All Buildings Fronting Streets Shall be Numbered All buildings fronting on any street or alley in the city shall be numbered in some conspicuous place by the owner or occupant thereof according to the map made by the city for such purpose and on file in the office of the city secretary. (Ord.70-11 adopted 7-20-70,Sec. 1) f 1.02 Application to City Manager for Number; Penalty for Violation All persons or occupants of such buildings shall first apply to the city manager for the proper number and any such person or occupant failing or refusing to put the proper number on any such building or putting up the wrong number thereon shall be deemed guilty of a misdemeanor. (Ord.70-11 adopted 7-20-70,Sec.2) 1.00 STREET NUMBERS REQUIRED 1.01 All Buildings Fronting Streets Shall be Numbered All buildings fronting on any street or alley in the city shall be numbered in some conspicuous place with numbers or letters three (3) inches minimum in height and contrasting color by the owner or occupant thereof according to the map made by the city for such purpose and on file in the office of the building official. 1.02 Application to the Building Official for Number; Penalty for Violation All persons or occupants of such buildings shall first apply to the Building Official for the proper number and any such person or occupant failing or refusing to put the proper number on any such building or putting up the wrong number thereon shall be deemed guilty of a misdemeanor. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTIONS 1.01 AND 1.02, OF CHAPTER 3, OF THE WYLIE CITY CODE, PERTAINING TO STREET NUMBERING, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, present provisions of the Wylie City Code dealing with street numbering need updating to reflect the City's current practices; and, WHEREAS, the Council desires to change the existing code provisions by adoption of this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Sections 1.01 and 1.02 of the Wylie City Code, be, and they hereby are, deleted in their entirety and the following provisions substituted therefore: "1.01 All Buildings Fronting Streets Shall be Numbered All buildings fronting on any street or alley in the City shall be numbered in some conspicuous place with numbers or letters three (3) inches minimum in height and contrasting color by the owner or occupant thereof according to the map made by the City for such purpose and on file in the office of the Building Official." "1.02 Application to the Building Official for Number; Penalty for Violation All persons or occupants of such buildings shall first apply to the Building Official for the proper number and any such person or occupant failing or refusing to put the proper number on any such building or putting up the wrong number thereon shall be deemed guilty of a misdemeanor." SECTION II Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. p. 2 SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV 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 V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI 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 9th day of August, 1994. By James D. Swartz Mayor ATTEST Mary Nichols City Secretary Approved Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Parks and Recreation DIRECTOR: Rill NPlann DATE REFERENCE NO. SUBJECT 8/9/94 Appointment to Parks and Recreation Board SUMMARY OF SUBJECT: Due to the recent resignation of a Parks and Recreation Board member, Mark Jenneman[see attached letter), a position is now vacant. The City Council appointed Mr. Jenneman for a two year term which would have expired June 1995. It is now necessary for City Council to appoint an individual who will fulfill -Mr. Jenneman's term. Prior to council appointments in June 1994, council reviewed various citizen applications/requests to serve on various boards. Of those individuals who were not appointed, only one remains that expressed interest on the Parks and Recreation Board. That individual is Tony Mooney, owner of Wylie Bicycle Shop, located in downtown Wylie. Staff has contacted Mr. Mooney to see if he is still willing to serve on this board. There are a few individuals who expressed interest on serving on city boards, but Mr. Mooney is the only one who expressed interest in this board. ALTERNATIVES: 1 .) Appoint replacement to fill vacant position on the Parks and Recreation Board. 2.) * Table this appointment in order for additional citizens to have an opportunity to express interest. * Note - It is extremely important that the Parks and Recreation Board be fully assembled since they will soon begin the process of establishing funding priorities for the new 1/2 cent sales tax. ACTION REQUESTED: Appoint replacement to fill vacant position on the Parks and Recreation Board REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: OPERATIONS CI ONE-TIME ❑ • $ CAPITAL ❑ RECURRING El OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I P ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CI M AGER July 22 , 1994 To the City Council of Wylie: I . Mark Jenneman , regretfully submit my resignation from the Parks and Recreation Board of the City of Wylie effective August 1st . Due to scheduling conflicts I will be unable 'to fulfill my obligations to serve on the board . I have thoroughly enjoyed my time spent on the Park 's board . I wish the board well and thank the council for the opportunity to serve the City of Wylie . Sincerely , 4ty of Wylie . /& COMMISSION APPLICATION print or type.: Return completed 7 • epp1atioe befoVe Jun 24 to:. aty ElOcznAtotyti(Mee; 2000Hwj. 78 North, Wyllie, Tetntis 75098 _oard or Comt fission of first, second, and third choice: F .. qfRijustrnents :- s .o.. - ;. f.,• s : , rity Board OOKDV Wylie G FOR CITIZENS TO SERVE . . .:•> :,.�� Corporation of y � +LLOWING_Cons iktfbli nude Board BOARDS: /Parkcs and Recreational Board t Development Co rPor+ on of wylie . all Name: /Daly cl7xlC-Y pQ ks � HomeAddress:(02 y STOAJEleS A►- and Bayard hese ty,State, iusinessAdd ess W YL F� /C leti 0110 P i �w�'please complete the qutestionnaire and City,State,Zip: /e 3 eV, 14'(-C 41e 4 , k/VL I& :hots,Cary Secretary . momePhone: Yy2. 1Z2 '( Bus.Phone cicf2 2 2/j4Re �' l•28, Wylie Texas 75098 rtesident of Wylie for /0 years lease list any special skills or qu lifications: • ,.,uJNtie LQaA�t Sus iovE3s/tr�a4itie 4A4 l Why do you desire to serve on t]h ese boards? 7 .4SJsrlZ3. ..Work: ) .i9Te,Pfht rO.V 'Ilea heuireobtfacr (rvcasc w) i:oxicJtiire epeoclrf* d yer Vri= -Y)3 cP*&'Al7 - Sig --cAdy ;i-s-r-------------_______ — Piannin .., .•""�a Yon�interest in:(pleue 8 and Zoning Board A+tt----f'vi►estad Development C AmbuL�rtae Au t.Seeo,.dC5;etc.)Corporation of WyII tbo►�ty BoaN __Zoning Board of Adjustments Construction Trade Board Parks&Recreation Board ---Li br ary Bpud I/